What is Absolute Divorce in Maryland?
Absolute divorce in Maryland is the legal dissolution of a marriage, which completely ends the marital relationship under the law. This type of divorce differs from a limited divorce, which is more like a legal separation and does not fully dissolve the marriage. In Maryland, to obtain an absolute divorce, one must prove specific grounds, unless the couple has mutually consented to the divorce after a 12-month separation period.
The grounds for absolute divorce include:
- Adultery
- Desertion (actual or constructive) for 12 continuous months
- Conviction of a Crime (with specific conditions regarding sentencing and time served)
- 12-Month Separation: Both parties living apart without cohabitation for 12 months without interruption
- Insanity: With specific conditions regarding the duration of institutionalization and the necessity of testimony from two doctors
- Cruelty towards a spouse or minor child, which makes living together unsafe or intolerable
- Excessively Vicious Conduct towards a spouse or minor child
After these grounds are established, the court will address other legal matters such as division of property, child custody, alimony, and child support. It’s important to consult with a legal professional to understand the specifics of the law and how it applies to individual circumstances, as divorce law can be complex and varies depending on the details of each case.
Divorce can be an emotionally and financially straining moment in your life. Choosing any type of decision that can affect your entire family needs to be carefully thought through and in moments of emotional pain and frustration, it can be overwhelming to know what the best decision is. The best thing you can do for the future of you and your family is to consult a Maryland divorce lawyer for legal advice. With many years of experience handling divorce cases throughout Maryland and the metropolitan area, you can trust The Burton Firm to be by your side through this difficult time.
Do You Need a Lawyer to File for Absolute Divorce in Maryland State?
In Maryland, it is not legally required to have a lawyer to file for an absolute divorce. Individuals can choose to represent themselves in a divorce proceeding, which is known as proceeding “pro se.” However, it’s often a good idea to have an experienced divorce lawyer on your side. Divorces can be tricky and involve a lot of complicated rules about money, property, and children. If you don’t know much about the law, it can be hard to handle all of this by yourself. A lawyer knows how to fill out and file all the necessary paperwork correctly, can talk and make agreements with the other person in the divorce, and make sure your rights are protected. This is especially important if you own a lot of things, have kids, or if you and your partner disagree on many issues. Sometimes, a lawyer can even help you and your partner agree on things without going to court, which can save time and money. If your divorce does end up in court, a lawyer can speak for you and present your case. If you can’t afford a lawyer, there are some organizations that might help you for free or a lower cost.
