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Maryland Grounds for Divorce
(provided by Maxwell & Barke, LLC)
An absolute divorce terminates the marriage, allows the parties to remarry, and enables a court having jurisdiction to determine property, support and parenting issues between the parties. Maryland recognizes the following grounds for such an absolute divorce:
- 12 months Voluntary Separation (pursuant to express or implied agreement).
- 24 months Separation (without agreement).
- 12 months Desertion (or Constructive Desertion).
- Adultery.
- Certain criminal convictions after 12 months actual incarceration.
In addition to absolute divorce, Maryland law provides for a limited divorce, in essence a court sanctioned separation. In cases of limited divorce the parties remain married; however, the court may order spousal and child support payments and award the use and possession of the family home and contents. A limited divorce may be based upon voluntary separation of any length without any realistic expectation of reconciliation, cruelty, vicious conduct or desertion.
There may be additional requirements for either absolute or limited divorce, including residency, obtaining personal jurisdiction over the defendant, proof of the marriage and corroboration of testimony. The proof required for divorce in any particular case should be discussed with counsel.
Information provided by:
Maxwell & Barke, LLC located at
http://www.maryland-divorce-counsel.com
Go to: Maryland Articles and Resources
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