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Aug 13, 2012

Divorce Laws in Maryland: Different Types of Divorces

Aug 13, 2012 - Family Law by |

Each state has different regulations and requirements, and the divorce laws in Maryland are no exception. Therefore, it’s crucial to arm yourself with as much knowledge as you can in terms of the actual divorce process in Maryland, the different types of divorce cases, and much more.

Below is a quick guide to much of the terminology and different variations involved with divorce laws in Maryland.

Annulments may be granted if a marriage is either void or voidable, including circumstances such as when one party was already legally married, the parties are related by birth, either party is legally insane, either party lacked consent or was under the age of 18, except with parental consent and/or parental consent with certificate of pregnancy, etc.

According to the divorce laws in Maryland, common law marriages are not recognized, and therefore there is no legal divorce process in Maryland for a common law marriage. However, common law marriages from other states may be recognized.

The divorce process in Maryland stipulates that a limited divorce can be granted before an absolute divorce. In other words, the court supervises a separation when the individuals need financial relief, cannot settle their differences and do not yet have grounds for absolute divorce.

Moving ahead with the divorce process in Maryland, an absolute divorce is the actual dissolving of that marriage. The parties are free to remarry, property can no longer be inherited, and so forth, as the divorce is official.

According to the divorce laws in Maryland, there are seven different grounds for divorce, and at least one must be met. The list includes adultery, desertion, voluntary separation after 12 months or two-year separation without prior agreement, cruelty of treatment, excessively vicious conduct, conviction of a crime, and insanity. The only no fault Maryland divorce cases pertain to the two forms of separation; everything else is considered at fault.

A Maryland uncontested divorce occurs when both parties agreed to the terms of the divorce, regardless of the cause of divorce. The parties could either come to their own terms or have mediation provide the terms of a separation agreement, which would provide the necessary cause for divorce following a one year period of voluntary separation.

Of course, there are many other specific circumstances related to all of the above scenarios. In addition, there are issues to consider pertaining to residency, out of state divorces, defenses in divorce and much more. That’s why it’s so important to seek out qualified divorce attorneys in Maryland who will be able to guide you through the entire divorce process in Maryland, the laws and regulations, and more.

If you are facing divorce, separation or need advice pertaining to divorce laws in Maryland, contact the Law Offices of Brandon Bernstein, LLC, for a free consultation by calling 240.395.1418 today.


The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. Read our full disclosure here.