If you live in Maryland, a men's guide to divorce within the state can be important if you are considering ending your marriage. It is vital for men to understand the rules where they live so they can know what to expect as far as child custody, alimony, property division and other key matters involved in divorce.
Rules for Divorce in Maryland
In order for a divorce filing (also called dissolution of marriage) to be recognized within the state of Maryland, the party filing for divorce must be able to provide proof of having legal residence within the state of Maryland for at least 1 year, unless the grounds for filing are stated as insanity, in which case the required residency is a period of 2 years. Filing for divorce is permitted within either the state of Maryland, or within the county of either spouse’s residence.
The state of Maryland does recognize no-fault and at-fault divorces, however the stipulations are a little different than in most states.
- A no-fault divorce can only occur when the couple has voluntarily lived apart from each other for a period of at least 1 year, and when the couple shows no interest in expecting the circumstances to ever change back to cohabitation.
- The only time the court will allow an at-fault, or general divorce, is when a spouse is able to show that the other party has been faced with an incurable mental illness for at least 3 years, if one party receives a felony conviction that carries a sentence is at least 3 years, or if one other party has committed an act of violence against the filing party with no chance for reconciling.
Property Rights in Maryland Divorce
Maryland divorce courts operate under an “equitable property division” statute, which means that any property attained by an individual prior to the marital union will be retained by that individual, as long as the individual can show proof of ownership prior to the marriage, or prove that the property was gifted to or inherited by that individual.
All property that has been accrued during the tenure of the marriage is subject to the equitable distribution law. This can include all retirement benefits or pensions from the military, and is divided in an equitable (not always meaning equal) manner. The court may order the outright division of the property, or order the sale of property and divide any proceeds amongst the couple, or give the property to one spouse and require the individual to award money to the other party as an adjustment on the value of the item. The court has the authority to award the family home to either spouse, but usually bases its decision on which party has custody of the child or children.
Maryland Alimony Laws
The state of Maryland allows its divorce court to determine whether or not either party is entitled to alimony payments, regardless of gender.
- The court usually bases its decision on factors like the financial and personal efforts made by each individual to sustain the marriage for however long the marriage lasted, and
- The vocational skills or employability of the party eligible to receive alimony payments.
These payments may be ordered to be on a permanent basis if the payee has any type of disability, or kept temporary on the terms that payment ends when the individual either remarries or becomes gainfully employed.
Getting Help
While this men's guide to divorce in Maryland gives you a brief overview of divorce laws, it is important you consult with an experienced attorney for in depth legal advice. Your attorney can answer all questions and assist you in protecting your rights during the entire divorce process.
