Residency Requirements:
One spouse must have been a resident of Maryland for 1 year prior to
filing for divorce, if the grounds for divorce occurred outside of
Maryland. Otherwise, either spouse may file for divorce. If insanity
is ground for divorce, the residency requirement is 2 years.
Legal Separation:
Legal separation must be grounded on:
1) willful desertion;
2) cruel and inhuman treatment;
3) voluntary separation and living apart without cohabitation.
The spouses must make a good faith effort towards reconciliation.
The legal separation may be permanent of temporary.
General Divorce Procedure:
A default judgment will be granted only upon actual testimony of the
filing spouse. Marital settlement agreements are encouraged and
authorized by statute. Such an agreement may be used as corroboration
of the filing spouse’s testimony that the separation was voluntary if
the agreement:
1) states that the separation was voluntary;
2) was signed under oath before the application for
divorce was filed.
In addition, each spouse must file with the court a financial statement
affidavit and a joint statement of marital and non-marital property.
This form is available in Maryland Rule 9-206.
Title of Divorce action:
Bill for Divorce.
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Grounds for Maryland Divorce:
Maryland recognizes Fault-based and No-fault
grounds for divorce.
No-fault:
No-fault grounds include:
1) voluntarily lived separate and apart for one year
without cohabitation and no reasonable expectation of reconciliation;
2) living separate and apart without interruption
for two years.
Fault-based:
The fault-based grounds include:
1) adultery;
2) willful desertion for one year;
3) confinement for permanent insanity for at
least three years;
4) conviction of a felon with a minimum of
a three-year.
Mediation or Counseling:
The court will order mediation if child custody is an issue. However,
the court will not order mediation if there is a history of physical or
sexual abuse of the child.
Where to file for divorce:
In the county where either spouse resides.
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