Either spouse may file for divorce in Maryland as long as they meet the residency requirements. The filing spouse must have been a resident of Maryland for at least six months before filing.
Any person who has been a resident of Maryland for at least 6 months can file for divorce in the state.
Yes, Maryland requires a couple to live separately and apart for at least 12 months before they can file for a no-fault divorce. If the divorce is based on fault grounds, such as adultery or cruelty, there is no waiting period required.
Maryland is not a community property state, but rather an equitable distribution state. In equitable distribution states, property is divided fairly and reasonably, but not necessarily equally, between the spouses in a divorce. During divorce proceedings, the court will consider a variety of factors to determine what constitutes a fair and reasonable split of marital property. These factors can include the length of the marriage, the age and health of each spouse, the contributions of each spouse to the marriage (both financial and non-financial), and the income and earning potential of each spouse.Marital property includes all assets acquired by either spouse during the marriage, regardless of whose name is on the title and regardless of who purchased the assets. Marital property will be divided between the spouses, while separate property (property acquired before the marriage or after separation, property received as an inheritance or gift, or property excluded by a valid prenuptial agreement) is typically not subject to division. Overall, the goal in Maryland is to divide marital property in a way that is fair and reasonable to both parties, taking into account the unique circumstances of each case.
The cost of divorce in Maryland can vary greatly depending on several factors including whether the divorce is contested or uncontested, the complexity of the issues, and the attorney fees. At a minimum, filing for divorce in Maryland will cost at least $165 in court fees. If the divorce is contested, meaning the parties cannot agree on all issues, then the costs will increase as additional legal fees, mediation or expert fees, and court costs are incurred. It is best to consult with a Maryland family law attorney to discuss the specifics of your case and get an estimate of the likely costs.
The time it takes to get a divorce in Maryland varies depending on several factors, including whether the divorce is contested or uncontested, the complexity of the issues involved, and the backlog of cases in the local court system. In Maryland, the law requires a minimum waiting period of 12 months before a divorce can be finalized. However, in some cases, the process can take much longer. It is best to consult with an experienced family law attorney to get a better idea of how long your specific divorce case may take.
In Maryland, child custody is decided based on the best interests of the child. The court considers various factors, including:1. The child's age, health, and gender.1. Each parent's ability to provide a stable home environment, and the child's relationship with each parent.1. Any history of domestic violence or substance abuse by either parent.1. The child's preferences, if they are old enough to make an informed decision.1. Each parent's willingness to cooperate and communicate with each other to promote the child's best interests.1. The child's education, medical, and social needs.1. Any other factors the court deems relevant.The court may award joint legal and physical custody, sole legal or physical custody, or a combination of both. The final decision depends on the specific circumstances of the case.
