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Divorce Guide

Getting divorce in Maryland

According to Maryland divorce law, marriage is considered as a civil contract between two parties. There are special features of getting divorce in Maryland .They are as follow.

Maryland considers three types of divorce:

  • Absolute divorce: This type of divorce is a permanent divorce. This permits remarriage and decides about property clams.
  • Limited divorce: This type of divorce is not permanent. Spouses are not permitted to remarriage. It does not close the issue of the property claims but it may settle the claims temporarily. Limited divorce makes temporary decisions about child custody, support, maintenance, use and control of property. A limited divorce is a legal action where separated couple is supervised by the court. It is generally chosen for couples who do not have grounds for absolute divorce, need financial help and are unable to settle their differences behind closed doors.
  • Annulment divorce : It is a fairly rare case of divorce that gives the decision of ‘marriage never existed’. If a court finds the facts necessary to award a cancellation of marriage. Necessary factors to prove an annulment are difficult to meet and therefore court is not in a favor to grant an annulment.
  • To get divorce in Maryland, you or your spouse should be staying in Maryland for at least one year. A divorce process begins when one spouse files a request.
  • According to Maryland Law, you have full right to represent yourself without lawyer in legal divorce. The legal term for representing yourself is ‘pro se’. It is very important for you to find out information about your spouse’s pension, retirement account, insurance or other significant property before you deciding to file your own divorce. If you do not ask for these things in the divorce, you will give them up and these things will not be considered during the court decisions.

Important Issues to know before getting divorce in Maryland:

  • The State of Maryland wants you to give it an acceptable reason of your divorce. A limited divorce may be granted if: - Domestic violence to the spouse or minor child - extremely cruel behavior - Living separately
  • An absolute divorce may be granted on the basis of: - Adultery - Desertion - Voluntary separation - Criminal record. - Two year separation - Insanity.

Following are the important steps taken to get divorce in Maryland.

  • According to Dom.Rel. 20, complete complaint form for Absolute Divorce
  • According to Dom.Rel.30 or Dom.Rel. 31, complete court documents liken property settlement agreement, financial statement for spousal support or Child Support.
  • Take the completed papers to the court clerk .Make two copies of each form.
  • Court will send notice regarding the date, time and place of the hearing
  • After hearing, the court will prepare a judgment of divorce. You will also have to file a ‘blue form’ and submit it to the clerk’s office .This is an important form that have your records with the Maryland and it tells that you are now divorced and no longer married.

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