Maryland Absolute Divorce
The Law Offices of James Gahring Gault, located in charming Bel Air, MD, provides trusted legal representation to those in Bel Air and throughout Harford County, Maryland. Although we provide legal representation in a variety of areas, our primary focus is that of Family Law. Perhaps one of the most pressing issues in the scope of Family Law is that of divorce, and specifically, Maryland Absolute Divorce.
A Trusted Bel Air, MD Divorce Attorney
Call James Gahring Gault (410) 638-2600
In Maryland, there are two types of divorce: Absolute Divorce and Limited Divorce. Here, we will briefly discuss Absolute Divorce but you can read our article about Maryland Limited Divorce to learn more about the less common type of divorce in Maryland.
As stated, there are two types of divorce in Maryland. Absolute Divorces are permanent, they allow either party to remarry, and they permit the Circuit Court to address marital property and alimony issues. With respect to real estate that is held by the parties as tenants by the entirety, an Absolute Divorce changes the real estate ownership to tenants in common. These divorces are the most common types of divorces in the modern era.
To petition for and obtain a Maryland Absolute Divorce, there are certain qualifications that must be met, which are listed below.
Grounds for a Maryland Absolute Divorce
If your spouse has participated in an extramarital affair, a Complaint for Absolute Divorce can be filed with the Court.
Desertion can be described as one spouse choosing not to live with the other spouse for no justifiable reason. In Maryland, if any of the following circumstances exist, desertion can be used as a grounds for Absolute Divorce:
- The desertion has continued for twelve (12) months without interruption before filing the application for divorce,
- The desertion is deliberate and final, and
- There is no reasonable expectation of reconciliation (to be denoted as actual desertion or constructive desertion)
Conviction of a Felony or Misdemeanor
In Maryland – as well as any other state – if, before the filing of the application for divorce, the defendant was sentenced to serve at least three (3) years or received an indeterminate sentence and served twelve (12) months, the spouse filing for Absolute Divorce would meet the grounds required for the Maryland Absolute Divorce.
A Twelve (12) Month Separation
When the parties have lived separate and apart without cohabitation for the entire twelve (12) months (without any interruption within those twelve (12) months) before the filing of the application for divorce, a Complaint for Absolute Divorce can be filed.
A Complaint for Absolute Divorce can be filed if the following criteria have been met:
- The insane person has been confined in a mental institution, hospital, or other similar institution for at least three (3) years before the filing of the application for divorce,
- The court determines from the testimony of at least two (2) physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery, and
- One of the parties has been a resident of the State of Maryland for at least two (2) years before the filing of the application for divorce.
Cruelty of Treatment
Grounds for Absolute Divorce have been met if there is cruelty of treatment toward the complaining party, or a minor child of the complaining party, and there is no reasonable expectation of reconciliation.
Excessively Vicious Conduct
Grounds for a Maryland Absolute Divorce have been met is there is excessively vicious conduct toward the complaining party, or a minor child of the complaining party, and there is no reasonable expectation of reconciliation.
Mutual Consent Grounds
In the State of Maryland, there is no twelve (12) month waiting period as an Absolute Divorce decree may be obtained if the following conditions are met:
- The parties have no kids in common,
- The parties file a Property Settlement Agreement resolving alimony and property issues,
- The parties have not filed any interim pleading to set aside the Property Settlement Agreement, and
- The parties both attend the absolute divorce hearing in Circuit Court.
If you are searching for qualified, trusted legal representation for your Maryland absolute divorce, give Attorney James Gahring Gault a call at (410)638-2600 today! Or, simply use our online contact form and your inquiry will be responded to within 24 hours. Attorney Gault provides free consultations and reasonable rates. We are conveniently located in the heart of Bel Air, MD and accept all major credit cards.
Call (410)638-2600 TODAY!