A court may enter a divorce decree on the uncorroborated testimony of the party seeking the divorce. Before filing for divorce, the spouses must have lived separate and apart without cohabitation living together or having sexual relations for 12 months without interruption. A court may grant an absolute divorce on the ground of mutual consent, without a waiting period. Learn more about no-fault grounds for divorce.
Click on the package you need to register and access the online questionnaire for a Maryland Uncontested Divorce or if you qualify go for a. Learn the process of uncontested divorce in Maryland.
Read the Law: Md. Adultery is a fault-based ground for divorce. There is no waiting period for adultery. If a party claims and proves that his or her spouse committed adultery, the court can grant the divorce right away. To prove adultery in court, you do not need to show actual intercourse occurred.
However, you must prove that the offending spouse had both the disposition and the opportunity for intercourse outside of the marriage. It is not enough for your spouse to simply admit to adultery. You must prove it using evidence examples: text messages, photographs, emails, etc. However, if the offending spouse is the husband and a child is born outside of the marriage, this is usually enough to prove a claim of adultery.
The law is not completely clear about how adultery relates to same-sex marriages.
Adultery may be a factor in determining the right to alimony. It may be a factor in awarding custody of the children only if the court determines that the adulterous behavior had a harmful effect on the children. Generally, in actual desertion, the deserting spouse abandons the marital home without justification.
In "constructive" desertion, the person who leaves is justified and the court will consider the leaving spouse the deserted one. To prove actual desertion, the spouse seeking the divorce must prove ALL of the following elements:. Technically, "constructive" desertion also requires proof of the above elements. The most common justification for constructive desertion is cruelty.
However, if the offending spouse is the husband and a child is born outside of the marriage, this is usually enough to prove a claim of adultery. To secure a fault-based divorce one party must prove the other acted in a certain way. You will be acting as your own lawyer and filing for your own divorce. Have provisions been made for the support of your minor child? As of October 1, , this applies even if you have minor children in common.
Generally, the court will allow the spouse to leave and obtain a divorce for "constructive" desertion if remaining in the home would make them lose their self-respect or put them or their children in danger of either physical or mental harm. If you are thinking about leaving the home, before you leave, consider the following:.
If your spouse has left the home without cause and you want to use actual desertion as a ground for divorce, remember the following:. Often, physical abuse is involved.
A single act of cruelty can be a ground of divorce if it shows the party intends to do serious bodily harm or is severe enough to threaten serious danger in the future. You qualify for a mutual consent divorce if you and your spouse:.
In a mutual consent divorce, you do not have to wait 12 months before you file for divorce. In a mutual consent divorce, your uncontested divorce attorney will draft a written separation agreement and submit it to the court. Then, you and your spouse will attend a brief court hearing. After this hearing, the terms of your separation agreement are incorporated into your divorce decree — making it legally binding. If you and your spouse qualify for a mutual consent divorce, contact us for more information.
We can help you file your divorce complaint, draft a separation agreement, and successfully present it to the court. Sometimes a divorce begins peacefully, only to become hotly contested later and vice versa. An uncontested divorce involves a lot of negotiation and patience. Divorce involves more than completing a series of forms. You typically must decide:. Without an uncontested divorce attorney, you might make costly mistakes.
And, disagreements can quickly escalate when you are negotiating directly with your spouse. An uncontested divorce attorney can help you discuss these issues civilly and amicably — avoiding undue costs and hassle. However, if necessary, we will use our extensive litigation experience to protect your interests.
Contact us for an evaluation. If you and your spouse are on civil and amicable terms, it may be in your best interest to consider the possibility of proceeding with an Uncontested Divorce. Crawford Jr. An uncontested divorce simply means that both spouses agree on all the key terms of the divorce, including:. However, uncontested cases move through the system much more quickly. If you and your spouse agree on all the terms of the divorce before you file, you will write a separation settlement agreement, and you may be done with your divorce relatively quickly. There are a couple of preliminary rules that have to be satisfied before you can get divorced in Maryland.
Maryland recognizes a number of fault-based grounds, including adultery, desertion, felony conviction, insanity, and cruelty to a spouse or child. Selecting this separation option, rather than assigning fault, might work best if you and your spouse are trying to work through legal issues together. Additionally, you have to fulfill the residency requirements.
There are two possible ways to do this. Most people cannot properly handle a divorce without the guidance of an experienced Baltimore divorce lawyer. Divorces can quickly become emotionally charged and contentious — especially if the case involves children and significant assets or debts. Without a lawyer, you might agree to an unfair divorce settlement or lose valuable time with your children.
However, a lawyer can help you avoid a trial by negotiating a fair divorce settlement. Let us help you.