Initiating Divorce Proceedings
- Adina Katz, Esq.
- Jan 26, 2017
- 3 min read
January is a month when divorce petitions increase in number. You are probably wondering why that is, right? Well, the answer is that people spend the holiday season together with spouses they are not getting along with and want to divorce, but wait for the holidays to end for the sake of their kids. Many want their children to have a great Christmas and do not want to disrupt their child's joy of the holidays.
Regardless of when you file for divorce, there are many things one should know. In Maryland, there are two types of divorce: absolute divorce and limited divorce. An absolute divorce is a permanent termination of the marriage. If a court grants an absolute divorce, the final order of the divorce is set forth in a “divorce decree.” A limited divorce is a legal separation, and does not end the marriage.
In order to obtain an absolute divorce or limited divorce, a married couple must meet statutory residency requirements. If the cause of action did not occur in Maryland, the residency requirement is 6 months. If the cause of action is based on insanity, there is a two-year residency requirement. However, if both spouses are residents of Maryland and the cause of action occurred in Maryland, there is no residency requirement.
In Maryland, for an absolute divorce, one must provide grounds for a divorce. Besides for being separated for one year, with no intimate relations, there are 5 grounds:
Adultery. Voluntary sexual intercourse between a married person and another person that is not his or her spouse.
Desertion. Under certain circumstances, an unjustified abandonment with intention of terminating the marriage.
Cruel treatment. Cruel or violent treatment of a spouse or a minor child of the spouse.
Insanity. A licensed medical doctor has determined that the spouse is legally insane, and the insane spouse has been kept in a mental institution or hospital for at least three years prior to filing for a divorce.
Incarceration. A spouse has been convicted of a crime, and has been sentenced to jail for a period of 3 or more years. At the time of filing, the spouse must have served at least 12 months of the sentence.
Effective in 2016, the Maryland legislature allowed for divorce based on Mutual Consent. This is allowed if the parties do not have any minor children in common and they execute and submit to the court a written settlement agreement signed by both parties resolving all issues.
Once a decree has been issued that the parties are divorced, they can both remarry. Additionally, a party could ask to receive alimony, child support and custody of minor children.
A limited divorce (or legal separation), is a legal action where a married couple is separated. A limited divorce is not a permanent termination of the marriage. Instead, the couple remains legally married while living separate and apart from one another. During a limited divorce, neither spouse may remarry, or have sexual relations with another person. If one spouse has sexual relations with another person, that spouse has committed adultery.
A limited divorce is not required before obtaining an absolute divorce. In some circumstances, a court may grant a limited divorce even if an absolute divorce is sought.
A limited divorce is generally used by people who (1) do not yet have grounds for absolute divorce, (2) need financial relief, and (3) are not able to settle their differences privately.
When filing for a limited divorce, a person must set forth grounds, or reasons for the limited divorce. Those grounds include:
Separation. The person and his or her spouse have been living separate and apart from one another without cohabitation.
Desertion. Under certain circumstances, an unjustified abandonment with intention of terminating the marriage.
Cruel treatment and excessively vicious conduct. Cruel or violent treatment of a spouse or a minor child of the spouse.
A decree of limited divorce may establish any of the following:
child custody;
child support;
spousal support; and
use and possession of property (if applicable).
If you or someone you know would like to get divorced, consult The Law Office of Adina S. Katz. We can be reached at 240-606-4591 or adina@adinakatzlaw.com.
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