How to get a divorce in Maryland based on separation?
To get a divorce in Maryland, even based separation, the spouse seeking the divorce (the plaintiff) still has to prove to the judge that the requirements for the divorce are met. If the plaintiff can’t prove that the spouses have been living separate and apart and have not had sex for the required time period, the judge won’t grant the divorce.
What makes a divorce a no fault divorce in Maryland?
In Maryland, separation or mutual consent are the only “no-fault” grounds for divorce. “No-fault” means that the divorce wasn’t caused by either spouse’s misconduct. In a no-fault divorce, neither spouse has to prove that the other did something which caused the breakup. See Md. Fam. L. § 7-103 (2020).
Can you get a divorce on the grounds of voluntary separation?
For couples seeking a limited divorce based on separation, there is no time period requirement. By contrast, to obtain an absolute divorce on the grounds of voluntary separation, spouses have to meet the following requirements: have no reasonable chance of reconciliation.
Can a couple live in separate homes after a divorce?
Under a limited divorce, spouses can live in separate homes but share income and resources. A limited divorce order will help a couple delineate finances and designate each parent’s custody rights.
Is there such thing as a legal separation in Maryland?
There is no such thing as a “legal separation” in Maryland. If you live separate and apart with the intention of ending the relationship, and if you do not have sexual intercourse during that time, that constitutes separation for the purposes of obtaining a divorce on the ground of a 12 month separation.
Who gets the family home in a Maryland divorce?
A House Divided: Who Gets the Family Home in a Maryland Divorce? When you decide to get a divorce in Maryland, there are a lot of issues that need to be dealt with. Outside of dealing with child custody and other family dynamics involving minor children, most of the issues involved in dissolving a marriage are financial.
How is the family home defined in Maryland?
The family home is defined as the principal residence of the parties in a divorce case. Under Maryland Family Law Section 8-201, the family home: Must have been used as the principal residence of the parties when they lived together. Must be owned or leased by one, or both, of the parties at the time of the divorce proceedings.
Can a custodial parent stay in the family home in Maryland?
In Maryland, the custodial parent of a minor child is entitled to request “temporary use and possession” of the family home, which will allow that parent to stay in the home for up to three years following the date of divorce, in order to maintain a stable environment for the child.