How to file for divorce in maryland

If no other category fits your case and either one or both of you want out of this failed marriage, this is the grounds to use.

Maryland Divorce Requirements

In this situation, no spouse is blamed for ending the marriage, at least not before the law. The rest of the grounds for divorce in Maryland listed above are fault grounds, which means one of the spouses is at fault for ending the marriage. This matters because the court may be inclined to award child custody and split assets in favor of the spouse who is not at fault, especially when cruelty or vicious behavior are the grounds used.

Call Us At: March 28, Category: Divorce If you are seriously considering ending your marriage, then you probably have a good reason that led you to this decision. Cruelty or Excessively Vicious Conduct These are actually two separate grounds for divorce, but both of them have to do with abusive spouses.

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Desertion A desertion occurs when one of the spouses leaves the marriage without obtaining a consent of the other spouse and is absent from the family for at least 12 months. Permanent and Incurable Insanity For this ground to work, you would need to prove that the insanity of your spouse is both permanent and incurable.

Adultery Adultery is exactly what it sounds like: voluntary sexual relations between your spouse and another person without your consent. One party must be a resident in Maryland for at least 12 months in order to then file for divorce.

The Basics of Divorce in Maryland

Unless a spouse can prove grounds for the divorce, the couple must be separated and living apart for at least one year, according to Maryland law. The state has specific grounds that must be met in order to file before one year of separation.

  • Grounds for a Limited Divorce in Maryland.
  • A Few Key Terms;
  • The differences between limited divorce, annulment and absolute divorce.
  • Divorce Law Lawyers in Maryland?
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Those grounds include but are not limited to, cruelty or vicious conduct against a spouse or minor child, adultery, desertion, and insanity. The complaint will include:. Secondly, the other party will need to be served with a copy of the complaint and a summons. The copy can be sent via certified mail, through a private process server, or by the sheriff.

click On the other hand, if the defendant spouse lives out of state then they have 60 days to respond, or finally 90 days if they are outside of the country. When defendants fail to respond, the plaintiff spouse has the option to request a default judgment. If both parties agree to the terms of the divorce, then a Master-Examiner will hear the case and determine whether or not the divorce is granted.

This form may also be found on the Maryland Court website. The Plaintiff is required to attend the uncontested divorce hearing, but in most cases the Defendant does not need to appear.


The uncontested divorce hearing takes approximately 10 minutes and the Plaintiff will be asked questions about the contents of their Complaint for Absolute Divorce. However, typically, you are not officially divorced at the end of the uncontested divorce hearing.

What is Mutual Consent Divorce in Maryland?

The official date of your divorce will be after a Judge signs your Judgment of Absolute Divorce and the Clerk of Court in your county stamps it. You will typically receive your final, stamped, Judgment of Absolute Divorce within approximately three weeks from your uncontested divorce hearing.

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While the steps to filing an uncontested divorce are fairly simple, hiring an attorney to handle your uncontested divorce can save you time, help you avoid mistakes and reduce the stress in doing it yourself. Jacobson Family Law can assist you in filing your uncontested divorce in Maryland. We have assisted thousands of individuals and families in obtaining their uncontested divorces in Maryland and we can help you.