Law Office of John S. Weaver Rockville, Maryland Divorce Attorney
GROUNDS FOR DIVORCE
John Weaver will counsel and guide you through the sometimes confusing maze of divorce grounds and types of divorce, informing you of which grounds apply to your case, and the timing of pursuing the different types of divorce to meet your personal objectives.
There are two kinds of divorce in Maryland: Absolute divorce and Limited divorce. An absolute divorce terminates the marriage relationship, permits remarriage, and the courts can determine all property issues including dividing pensions and making a monetary award. Limited divorces are a judicially decreed legal separation; it does not terminate the marriage, and the court cannot determine all property rights.The court may make an alimony award in limited divorces and absolute divorces.
Because limited divorce grounds of desertion and voluntary separation do not require a specific duration of separation before filing, spouses often file for limited divorces to get into the court process, particularly if they need to obtain other incidental relief such as alimony. Courts usually schedule trial dates assuming that spouses will amend their pleadings when the requisite time periods for certain absolute divorce grounds mature, so that the actual final divorce merits hearing proceeds on an absolute divorce rather than limited divorce basis. However, there are some divorcing couples who prefer to obtain limited divorces for religious or other reasons.
When a divorce ground states a minimum time period, it must be satisfied before the pleading requesting such divorce is filed. Several divorce grounds are available only if there is no reasonable expectation of a reconciliation of the marriage relationship.
Serving MontgomeryCounty, FrederickCounty, Howard County, and Carroll County
The grounds for absolute divorce in Maryland are as follows:
(1) adultery; (2) desertion that has continued for 12 months without interruption; (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; (5) excessively vicious conduct toward the complaining spouse or a minor child of the complaining party; (6) 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; (7) insanity resulting in at least 3 years confinement in a mental institution, hospital, or other similar institution , and certain other requirement have been met.
The Maryland limited divorce grounds are the following: (1) cruelty of treatment of the complaining party or of a minor child of the complaining party; (2) excessively vicious conduct to the complaining party or to a minor child of the complaining party; (3) desertion; or (4)voluntary separation, if the parties are living separate and apart without cohabitation, and there is no reasonable expectation of reconciliation. The court rarely exercises its authority in limited divorce actions to require the spouses to participate in good faith in court prescribed efforts to achieve reconciliation.
How do I prove my spouse's adultery? You don't have to catch your spouse in the act to prove adultery. Most cases are based on circumstantial evidence: Inclination (or disposition) such as public displays of affection or romantic emails or greetiing cards; and opportunity, such as frequent private late-night visits to paramour's residence or joint travel plans. 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. 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. But in a contested divorce case an adultery admission by a spouse may be enough to corroborate the adultery. Mr. Weaver can discuss the circumstances with you and suggest appropriate ways to attempt to prove your spouse's adultery.
Can my spouse and I get a divorce even though we live in the same house? It depends. In Maryland, the limited divorce ground of voluntary separation and absolute divorce ground of 12-month separation require the spouses to have lived "separate and apart without cohabitation." 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. If you live under the same roof, even in separate parts of the same house, then you are not considered to be living separate and apart. Also, the separation and lack of sexual relations must continue without interruption throughout the required time period. 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. But. two spouses who merely agree to continue to "live separate lives" within the same house are not entitled to divorce on any separation or voluntary separation ground.
Can I get a divorce from my abusive spouse? Maryland has several divorce grounds that would entitle an abused spouse to obtain a divorce: cruelty, excessively vicious conduct, and constructive desertion. For example, cruelty involves conduct endangering the life, person or health of a spouse (or minor child) rendering cohabitation unsafe. Physical abuse is the kind of violent, outrageousconduct which makes it impossible for the abused spouse or parent of an abused child to safely continue the married life. Maryland's public policy has moved toward greater protection for victims of domestic violence. John Weaver wrote the legal argument in the brief in an important case that confirmed and explained the nature and scope of absolute divorce ground protections for abuse victims. See Das v. Das, 133 Md. App. 1, 754 A.2d 441 (2000). Please note that the Maryland Judiciary website contains a directory of court based domestic violence programs throughout Maryland. Your safety and your children's safety are not negotiable and are matters of the utmost importance.
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. You should contact an attorney to discuss your particular legal situation.
Law Office of John S. Weaver 51 Monroe Street, Suite 701, Rockville, MD 20850 PHONE: (301) 424-7207; FAX: 1-301-368-2477