Currently, the most common grounds for divorce in Howard County, Maryland is 12-month separation. If you are considering a divorce in Maryland, it is important to understand the divorce laws and how they apply to your situation. A spouse's admission by itself usually is not sufficient proof because the courts are concerned whether there's collusion to avoid divorce grounds that require waiting periods. He earned his Juris Doctor from American University. Scheinin v. However, certain misconduct of your spouse may entitle you to a divorce on the ground of desertion (or cruelty, excessively vicious conduct, or adultery) even though you continue living in the same house. In another case, a wife showing that her husband having slapped her was insufficient to constitute cruelty, but if there were a situation in which her husband had been punching her, it may be sufficient to show cruelty. Once divorce is eminent, there is in the state of Maryland one requirement with a few stipulations needing to be met before filing. You may also corroborate claims of physical violence with photographs of bruises or police records. In order for an absolute divorce to move forward, the parties will need something called grounds for divorce. Grounds For Divorce • Adultery – defined by case law as voluntary sexual intercourse, which involves some degree of penetration of the female organ by the male organ, with a person other than the offender’s spouse. Maryland also recognizes no-fault divorce. Only an absolute divorce dissolves the marriage. Maryland has a residency requirement that has to be met before filing for divorce, but there's no waiting period before a divorce can be finalized. These most common grounds are Mutual Consent, twelve month separation, cruelty and abuse, adultery, and constructive desertion. The court may also restrict a parent's access to the child or children, if the evidence that established cruelty or excessively vicious conduct also reflects negatively on whether parental rights are in the best interests of that child. excessive cruelty; desertion (construction and actual); voluntary separation. What are legal reasons, or grounds, for divorce? Maryland has two kinds of divorce: limited and absolute. The fault grounds are: adultery, desertion, conviction of certain crimes, insanity, cruelty, and excessively vicious conduct. In Maryland, to be legally entitled to a divorce, you must prove that you meet one or more statutory grounds for divorce. Cruel and inhuman treatment may mean either physical or mental cruelty to the degree "that makes it unsafe or improper for the parties to reside together as man and wife." Maryland has several divorce grounds that would entitle an abused spouse to obtain a divorce: cruelty, excessively vicious conduct, and constructive desertion. In one case, the court found evidence that a husband required his wife to keep a log of all her activities to be persuasive evidence of cruelty. Such abuse may include threats, verbal abuse, taunting, domestic violence and other forms of controlling behavior. This will help when achieving an absolute divorce. Please note that the Maryland Judiciary website contains a directory of court based domestic violence programs throughout Maryland. This means you must have lived in completely separate residences throughout the separation period, and that you have not had sexual relations with each other during the required separation period. These will be … Mr. Weaver can discuss the circumstances with you and suggest appropriate ways to attempt to prove your spouse's adultery. This guide will give you the information you need to get through divorce. To file for a limited divorce, you must first prove at least one of the following four grounds: Cruelty of treatment of a … Maryland recognizes the following grounds for such an absolute divorce: 12 months Voluntary Separation (pursuant to express or implied agreement). Baltimore County & Towson Divorce Lawyer | Grounds For Divorce. The grounds for obtaining a limited divorce in Maryland are cruelty or excessively vicious conduct to complainant or minor child; desertion; and voluntary separation beyond any reasonable expectation of reconciliation. For a one year separation, the parties must have been living separate and apart for at least one year without sexual … Your safety and your children's safety are not negotiable and are matters of the utmost importance. Cruelty of Treatment: When violence threatens the safety of family members, a divorce may be filed for with no waiting period. Mutual Consent Divorce in Maryland Until October 1st, 2015, Parties needed to wait until they had … Our Maryland divorce attorneys are here to help you. Call Us 888-437-7747. Your safety and your children's safety are not negotiable and are matters of the utmost importance. Maryland courts recognize that it is rarely possible to prove adultery through the testimony of … see number 12 below) ☐The grounds for divorce occurred outside Maryland and either my spouse or I have lived. The reason that you are entitled to a divorce in Maryland is called the “grounds.” Maryland has “no-fault” and “fault” grounds for divorce. The misconduct qualifies as evidence of cruelty if it is directed towards you or your minor child. The court does not grant immediate divorce for cruelty on the basis of mere unhappiness between spouses. But in a contested divorce case an adultery admission by a spouse may be enough to corroborate the adultery. LIMITED DIVORCE When the court decrees a limited divorce, it means that the divorce is not permanent, does not permit remarriage, and does not terminate property claims. The no-fault grounds in Maryland are: Separation for one year Mutual Consent The fault grounds for divorce in Maryland include: Desertion Constructive desertion Cruelty Adultery . This should be considered a separation, and is not a final divorce. Flood v. Flood, 24 Md. What are the fault grounds for divorce? The grounds for a limited divorce are as follows: ... Cruelty. Credit card receipts, personal notes or greeting cards, photographs, travel itineraries (airline ticketing receipts), cell phone bills, emails and other documents may be helpful in confirming adultery suspicions. For example, in one case the court found that a single incident of physical violence combined with a pattern of verbal abuse was insufficient to establish cruelty. What are the fault grounds for divorce? But. Grounds for achieving a limited divorce in Maryland include: Cruelty; Desertion; Separation; A limited divorce is not an absolute divorce. The standard grounds for divorce include adultery, desertion, cruelty, or incurable insanity. As discussed above, an absolute divorce may also be granted on the fault-based grounds of: Adultery; Desertion; Cruelty; Excessively vicious conduct; and; Certain criminal convictions Cruelty and Vicious Conduct. Serving Montgomery County, Frederick County, and Howard County     The grounds for absolute divorce in Maryland are as follows:    (1) adultery;  (2) desertion that has continued for 12 months without interruption, the desertion is deliberate and final, and there is no reasonable expectation of reconciliation; (3) 12-month separation, when the spouses have lived separate and apart without cohabitation for 12 months without interruption; (4) cruelty of treatment toward the complaining spouse or a minor child of the complaining spouse, if there's no reasonable expectation of reconciliation; (5) excessively vicious conduct toward the complaining spouse or a minor child of the complaining party, if there is no reasonable expectation of a reconciliation; (6) mutual consent if: (i) the parties submit to the court a written settlement agreement signed by both parties that resolves all issues relating to alimony and property distribution, as well as the custody, access, and support of the parties' minor or dependent children; (ii) the parties attach to their written agreement a completed child support guidelines worksheet if the agreement provides for the payment of child support; (iii) neither party files a pleading to set aside the settlement agreement prior to the divorce hearing; AND (iv)  the court is satisfied that any terms in the agreement relating to the minor or dependent children are in the children's best interests; (7) conviction of a felony or misdemeanor if the defendant has been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and defendant has served 12 months of the sentence; (8) insanity resulting in at least 3 years confinement in a mental institution, hospital, or other similar institution, and certain other requirement have been met. 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