Divorce in Maryland – Legal Reasons and Grounds
Separating couples in Maryland must normally provide “grounds” – a legal word for “justified reasons” – to be divorced. Creating grounds for divorce demonstrates to the court that both you and also your spouse has a legitimate reason to divorce.
The sort of divorce you seek will determine which grounds for divorce apply to your circumstances. Make sure that you choose the correct reason for your divorce. If you are unable to establish your grounds for divorce, then a judge may rule in your partners’ favor.
Divorce can be both an emotionally and financially draining time in your life, and it demands patience, understanding, and support from family, friends, and legal counsel.
Law Offices of Thomas Stahl will provide you with a suitable divorce lawyer in Maryland who has the experience and compassion needed for a smooth and efficient divorce process and can assist you in protecting your rights during this difficult time.
To get an absolute divorce, any one of the spouses must first show that there is at least one “basis” (a legally recognized reason) for it.
There are two different kinds of grounds.
- Grounds based on a spouse’s “fault”
- Reasons based on “no-fault” grounds.
When you file for divorce, you have the option of claiming more than a single ground for divorce. A waiting period may be required on some grounds. A lawyer can assist you in determining which grounds are appropriate for your circumstances if you are considering divorce.
To get a fault-based divorce, you’ll need to show the court that your husband did something wrong. Adultery, abandonment, incarceration for a felony, insanity, severe treatment, and overly savage conduct are all grounds for fault.
You can still apply for divorce on the basis of the ground of “no-fault” on mutual consent or 12-month separation if you are unable to prove any ground for a fault-based divorce. The person seeking a “no-fault” divorce need not have to show that their spouse was unfaithful.
Mutual consent as grounds for divorce
Maryland established a new basis for achieving an uncontested divorce in 2015. A “mutual consent” divorce, commonly called a “quickie divorce,” is a new type of divorce.
A mutual consent divorce, as the name implies, does not need you and your spouse need to be separated before filing for divorce, greatly speeding up the procedure.
If you and your spouse meet the following criteria, you may be eligible for obtaining a mutual consent divorce:
- You and also your spouse both have signed a Marital Settlement Agreement, which is legally binding
- You don’t have any children or can agree on taking custody and child support in another way
- Neither you and nor your spouse has asked the court to “put aside” – or basically ignore – the Marital Settlement Agreement before the official hearing for divorce
- The plaintiff must also appear at the uncontested hearing for divorce.
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