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606 Baltimore Avenue
Suite 204
Towson, MD 21204
410.494.7998
410.339.3477
www.kbb-law.com
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Divorce and Separation
There are two types of divorce in Maryland. A Limited Divorce will determine the
rights and obligations of the parties, but it will not provide a final
division of property. One cannot
remarry after obtaining a Limited Divorce.
An Absolute Divorce, or final divorce, terminates the marriage and
determines the obligations of the parties.
Only an Absolute Divorce allows for remarriage.
In order to obtain a divorce in Maryland, there must be
grounds for the divorce. A Limited
Divorce may be granted on the following grounds:
- Cruelty
of treatment of a spouse or minor child;
- Excessively
vicious conduct;
- Desertion;
or
- Voluntary
separation without cohabitation.
A voluntary separation requires that the parties have “no
reasonable expectation of reconciliation.”
The grounds for an Absolute Divorce in Maryland are:
- Adultery
- Voluntary
separation for a period of twelve months. As with a limited divorce the parties must have “no
reasonable expectation of reconciliation.”
- Involuntary
separation for a period of two years.
An involuntary separation may be grounds for divorce if one of
the parties does not consent to termination of the marriage.
- Desertion
is a grounds for divorce when one party has deserted the marital home
for a period of at least twelve months.
The desertion must be deliberate and final, and there must be “no
reasonable expectation of reconciliation.”
- Conviction
of a spouse for a felony or misdemeanor is a grounds for divorce for
instances in which the convicted party is sentenced to serve at least
three years and the convicted party has served at least twelve months of
his or her sentence.
A grounds for divorce must exist prior to either party
filing for divorce, whether limited or absolute. There is a residency
requirement of one year for obtaining a divorce in Maryland.
A Complaint for Divorce may be filed in the following counties:
- County
in which the plaintiff resides,
- County
in which the defendant resides,
- County in which the defendant
carries on a regular business, or County in which the Defendant is
employed.
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