Maryland Divorce Law Residency Requirements for Divorce in Maryland

If the grounds for divorce occurred outside of Maryland, 1 of the spouses must have lived in Maryland for at least 1 year prior to filing for divorce. Otherwise, either spouse may file for divorce in Maryland. If insanity is the grounds for divorce, the residency requirement is increased to 2 years. The divorce may be filed for in a county where either spouse resides.
[Annotated Code of Maryland; Family Law, Section 7-103 and Maryland Rules, Rule 9-201].

Legal Grounds for Divorce in Maryland

1. No Fault Divorce:
   1. The spouses have voluntarily lived separate and apart for 1 year without interruption or cohabitation and there is no reasonable expectation of reconciliation
   2. The spouses have lived separate and apart without interruption for 2 years
   [Annotated Code of Maryland; Family Law, Section 7-103].

1. General Divorce:
   1. Adultery
   2. Deliberate desertion for 12 months with no chance for reconciliation
   3. Confinement for incurable insanity of at least 3 years
   4. Conviction of a felony or a misdemeanor with at least a 3-year sentence and after 1 year having been served
   5. Cruelty, with no chance for reconciliation
   6. Vicious conduct, with no chance for reconciliation
   [Annotated Code of Maryland; Family Law, Section 7-103].

Legal Separation in Maryland
The grounds for a legal separation (limited divorce) are:

1. Willful desertion
2. Cruel and inhuman treatment
3. Voluntary separation and living separate and apart without cohabitation

The legal separation may be temporary or permanent. The spouses must make a good-faith effort to reconcile their differences.
[Annotated Code of Maryland; Family Law, Section 7-102].

Simplified/Special Divorce Procedures in Maryland
Summary divorces are not permitted in Maryland. However, marital settlement agreements are specifically authorized by statute and may be used for full corroboration of a plaintiff's testimony that a separation was voluntary if:

1. The agreement states that the spouses voluntarily agreed to separate
2. The agreement was signed under oath before the application for divorce was filed

In addition, each spouse must file a Financial Statement Affidavit and a Joint Statement of Marital and Non-Marital Property. The financial statement form is contained in Maryland Rules, Rule 9-203. The form for the Joint Property Statement is contained in Maryland Rules, Rule 9-206. Finally, in a default situation, the divorce may be granted only upon actual testimony of the plaintiff spouse.
[Annotated Code of Maryland; Courts and Judicial Procedure, Section 3-409 and Maryland Rules; Rules 9-203, 9-206, and 9-207].

Divorce Mediation or Counseling Requirements
Maryland specifically declares that it is in the best interests of children that there be mediated resolutions of parental disputes regarding custody. In cases where the custody of a child is in dispute, the court may order the parents to attempt to mediate that issue, unless there is a history of physical or sexual abuse of the child.
[Maryland Rules, Rule 9-205].

Divorce Property Distribution
Maryland is an "equitable distribution" state. The spouses retain their separate property, including:

1. Any gifts and inheritances
2. Property acquired prior to the marriage
3. Property which is directly traceable to property listed in 1 or 2

Marital property, including retirement benefits and military pensions, is then divided on an equitable basis. The court may order a division of the property, a sale of the property and a division of the proceeds, or a money award as an adjustment of the values. The court may award the family home to either party. The following factors are considered:

1. The monetary and non-monetary contributions of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker
2. The value of each spouse's property
3. The economic circumstances of each spouse at the time the division of property is to become effective
4. The length of the marriage
5. Whether the property award is instead of or in addition to alimony
6. How and by whom the property was acquired, including any retirement, profit-sharing, or deferred compensation plans
7. The circumstances that contributed to the estrangement of the spouses
8. The age and physical and mental condition of the spouses
9. Any other factor necessary to do equity and justice between the spouses

[Annotated Code of Maryland; Family Law, Sections 8-202, 8-203, and 8-205].

Alimony and Spousal Support
Either spouse may be awarded alimony based on the following factors:

1. The time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment and that spouse's future earning capacity
2. The standard of living established during the marriage
3. The duration of the marriage
4. The ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support
5. The financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently
6. The comparative financial resources of the spouses, including their comparative earning abilities in the labor market
7. The contribution of each spouse to the marriage, including services rendered in homemaking, childcare, education, and career-building of the other spouse
8. The age of the spouses
9. The physical and emotional conditions of the spouses
10. Any mutual agreement between the spouses concerning financial or service contributions by 1 spouse with the expectation of future reciprocation or compensation by the other
11. The ability of the spouse seeking alimony to become self-supporting
12. The circumstances which lead to the breakdown of the marriage
13. Any other factor the court deems just and equitable.

[Annotated Code of Maryland; Family Law, Section 11-106].

Spouse's Name After Divorce
Either spouse's former or birth name may be restored if the purpose is not illegal, fraudulent, or immoral.
[Annotated Code of Maryland; Family Law, Section 7-105].

Child Custody After Divorce
Joint or sole custody may be awarded to either or both parents, based on the best interests of the child. Custody may be denied if the child has been abused by the parent seeking custody. There are no other factors for consideration set out in the statute. The court shall attempt to allow the child to live in the environment and community that is familiar to the child and will generally allow the use and possession of the family home by the person with custody of the child(ren).
[Annotated Code of Maryland; Family Law, Sections 5-203, 8-207, 8-208, and 9-101 and Maryland Case Law].

Child Support After Divorce
Child support may be awarded. There are specific child support guidelines and charts supplied in the statute. There is a presumption that the amount shown for support in the guidelines is correct. However, the amount may be adjusted up or down if it is shown to be inappropriate or unjust under the circumstances of the case. In determining whether the amount would be unjust, the court may consider:

1. The terms of any marital settlement agreement between the parents, including any provisions for payments of marital debts, mortgages, college education expenses, the right to occupy the family home, and any other financial terms
2. The presence in the household of either parent of other children that the parent has a duty to support

The family home may be awarded to the parent who has custody of a child to enable the child to continue to live in the environment and community that is familiar to the child.
[Annotated Code of Mary-land; Family Law, Sections 8-206, 12-101, 12-201, 12-202, 12-203, and 12-204 and Maryland Rules; Rule 9-206 (Child Support Guidelines)].

Continue to Massachusetts Divorce Laws

Prenuptial Agreements
By Maury D. Beaulier

Asking serious questions about how you see finances in the marriage partnership may save you pain and money later - and might even save your marriage.

A premarital agreement  may also be called an antenuptial agreement.  The terms are synonymous.  Prenuptial or antenuptial agreements refer to a contract between two persons planning to marry which governs the rights and liabilities of the parties if they should happen to get divorced or in the event one spouse dies.  In short, a prenuptial agreement determines the rights of parties to property, responsibility for debt  and may even determine whether spousal maintenance (alimony) is paid.  Prenuptial Agreements, however,  cannot affect rights to custody or child support since such determinations must be made based on a best interests of the child standard and subject to court review.

Prenuptial Agreements are valid in all 50 states and the District of Columbia. It doesn't matter whether the state is a community property state or an equitable distribution state.

Why Prenuptial Agreements are Prudent

A premarital agreement acts as a safeguard for both you and your spouse-to-be.  It protects your assets and may prevent expensive and acrimonious litigation if a divorce should occur by defining the rights and responsibilities of the parties in advance.  With today's divorce rate hovering around 50%, a prenuptial agreement may be one of the most prudent decisions in your life.   This is particularly true for business owners who may wish to preserve what they have worked so hard to build. 

In order to ensure that your prenuptial agreement is binding there are certain key ingredients you should include in your prenuptial agreement. 

1. List all assets, liabilities, income, and expectations of gifts and inheritances.  A full disclosure is a critical element of a prenuptial agreement to ensure that it is binding. 

2. Describe how premarital debts will be paid.  This will help to identify which debts will be satisfied by marital resources or premarital resources.

3. Resolve what happens to your premarital property in reference to changes in value including appreciation, gains, income, rentals, dividends and the proceeds of such property in the event of death or divorce.

4. The marital residence is often an issue that can become contested in teh event of divorce.  Decide who, or if both of you, will own the marital residence and secondary homes in the event of death or divorce.  How will any proceeds from those homes and real estate assets be divided in the event of a divorce.

5. Clarify what will happen to each type of property, whether jointly or individually owned, such as real estate, art work, collectibles and jewelry.

6. Alimony, maintenance, or spousal support, is another particularly contentious issue.  Prenuptial agreements allow parties  to allow for a waiver or property settlements instead of support.  Some states are reluctant to limit recovery in this regard and, as a result, it is very important to understand your State laws.

7. Decide what will happen in the event of a divorce with regard to medical, disability, life or long-term-care insurance coverage

Prenuptial agreements have certain requirements. Generally, they are as follows:

• there is a full and fair disclosure of the earnings and property of each party, and 

• the parties have had an opportunity to consult with legal counsel of their own choice.

As a general rule, the agreement must also be:

• in writing;

• executed in the presence of two witnesses; and 

• acknowledged by the parties before a person authorized to administer an oath (notarized).

In most cases prenuptial agreements are upheld.   It is only in cases where there was not full disclosure or the agreement becomes substantively unfair at the time of the divorce that Court's strike down the validity of such agreements.   An agreement may deemed substantively unfair if the circumstances on which the agreement was based have changed so drastically that enforcement would not comport with the reasonable expectations of the parties at inception.

Prenuptial Agreements & Spousal Maintenance

Courts most sometimes find antenuptial agreements substantively unfair with regard to provisions seeking to limit or eliminate spousalmaintenance (alimony) payments.  Some Courts have ruled that there is sound public policy rationale for not strictly enforcing such provisions which, even though entered into in good faith and reasonable at the time of execution, may have become unreasonable or unconscionable as to its application to the spouse upon divorce.  The Courts are essentially attempting to prevent ex spouses from becoming wards of the state.   If one spouse's health and employability have greatly deteriorated during a marriage, Courts may be reluctant to enforce the maintenance provisions of an antenuptial agreement.

  Some cases that have been decided:

• Invalidated an antenuptial agreement which sought to preclude spousal maintenance where the lesser earning spouse contracted a venereal disease from he husband resulting in medical expenses;

• Invalidating an antenuptial agreement which sought to preclude spousal maintenance where the marriage was long term (more than 20 years) and the wife had been out of the work force for some time and suffered from an emotional disability.   The trial court concluded that  unforeseen circumstances invalidated the antenuptial agreement by rendering it unconscionable. 

To avoid problems with your prenuptial agreement, it is important to contact an experienced lawyer in your State.  Remember, as Benjamin Franklin stated, "an ounce of prevention is worth a pound of cure."