If you are considering filing for divorce in Maryland, it is important to understand the legal requirements before you file the petition. In addition, we recommend you speak with a Maryland family law attorney who can advise you of the requirements and your legal rights.

In order to file for a divorce in Maryland, one spouse must be a resident of the state for the six months prior to the filing date. Here is a look at some of the other important factors in a Maryland divorce:

Grounds for Divorce in Maryland

In order to file for a divorce, you need to provide grounds for the marriage ending. There are two types of divorce in the state — limited divorce (legal separation) or absolute divorce (finalized dissolution of marriage). The grounds for a limited divorce are:

• Abuse or cruelty
• Mutual separation due to irreconcilable differences
• Voluntary desertion, no need to specify time period
• Harsh behavior toward a minor child or yourself
• Constructive desertion, which is where one party’s misconduct forces the other party to vacate the marital home

If you are seeking an absolute divorce in the state, the grounds can be:

• Adultery
• Constructive desertion
• Deliberate desertion of at least one year
• Insanity, with confinement of at least three years of confinement to a hospital, mental institution, or similar facility prior to the filing date provided certain conditions are met

Mutual consent or irreconcilable differences is also an option for an absolute divorce provided certain conditions are met. These are:

• There are no minor children
• Parties have to submit a written settlement agreement that outlines the resolution of any issues surrounding asset distribution and alimony
• Neither side is allowed to file a pleading that sets the settlement agreement aside prior to the divorce hearing
• Both parties must appear in person during the Absolute Divorce Hearing

Filing for a Maryland Divorce

There are several different methods for proceeding with a divorce petition in Maryland. The first option is mediation. This is the least expensive and complicated option.

To proceed with litigation, you would start by filing a complaint with the proper court and having your ex served with a copy. If he or she fails to respond to the complaint, the court could proceed to enter a default judgment, provided the non-responding party is not in the military. A contested divorce will go to trial and can take months of discovery depending on how complex the unresolved issues are.

For an uncontested divorce, the process is simpler. If both parties agree to the terms, the case is heard by a Master-Examiner who decides whether the divorce should be granted. The defendant has the option to appear, but it is not required, whereas the plaintiff has to testify, along with any other relevant witnesses who will corroborate evidence. If the Master-Examiner agrees that the divorce should be granted, he or she will make the recommendation that goes to the judge to enter the final judgment.

Retaining a Maryland Divorce Attorney

If you need assistance with filing for divorce in Maryland, contact the Law Office of Robert R. Castro at 301-870-1200 to schedule an initial consultation.