Does it matter who files for divorce in Maryland?

Does it matter who files for divorce in Maryland?

You aren’t automatically able to file for divorce in Maryland just because you have decided your marriage is over. Recent years have seen the advent of Mutual Consent Divorce, and removed the waiting period for some couples who have a written agreement that resolves all issues related to their divorce.

How to file for divorce in Maryland step by step?

To file for divorce in Maryland, your spouse or you should be a resident of Maryland for a minimum of 1 year. Your spouse and you should live separately and apart for a minimum of 12 months before you can file for divorce. Or else, the spouse filing for divorce must show that there are reasons or “fault grounds” for the divorce.

Who is the plaintiff in a divorce in Maryland?

In Maryland, the spouse filing for divorce is called the “plaintiff” while the other spouse is known as the “defendant.” These forms must then be filed in the circuit court of your county. There are 8 circuit courts and each court covers one county or more.

Is there such thing as a legal separation in Maryland?

There is no such thing as a “legal separation” in Maryland. If you live separate and apart with the intention of ending the relationship, and if you do not have sexual intercourse during that time, that constitutes separation for the purposes of obtaining a divorce on the ground of a 12 month separation.

When does a divorce become final in Maryland?

This essentially means that the plaintiff should prove that his/her spouse caused the marriage to break up. A divorce becomes final in Maryland 30 days after the divorce judgment is signed by the judge. Cruel treatment towards the plaintiff or minor child of the plaintiff by the defendant.

What happens after you file for divorce in Maryland?

After a plaintiff files for divorce in Maryland, a spouse has the right to respond to the complaint. If they fail to do so, the plaintiff can ask the court for an Order of Default. This can take place after a period of 30 to 90 days and after a good faith effort has been made to locate the spouse.

There is no such thing as a “legal separation” in Maryland. If you live separate and apart with the intention of ending the relationship, and if you do not have sexual intercourse during that time, that constitutes separation for the purposes of obtaining a divorce on the ground of a 12 month separation.

Can a spouse be considered separate property in Maryland?

To be considered separate property, a spouse must be prepared to present appropriate documentation in a divorce. The only time an asset may be considered separate is when: There are many types of alimony that can be awarded to a spouse in Maryland.

Where to get a divorce lawyer in Maryland?

If you plan to represent yourself, talk to a free lawyer at your local Family Court Help Center or by calling the Maryland Court Help Center. These lawyers can’t represent you in court, but they can help you represent yourself. What are legal reasons, or grounds, for divorce?