Whether you view marriage as a religious bond between two people or simply an agreement to spend the rest of your life with someone who you love, under the laws in Maryland, marriage is a civil contract. Because marriage is seen as a civil contract, a divorce must be court ordered for a legal ending of the marriage, therefore requiring Thomas Mallon – divorce attorney Towson.
There are two main divorce types in Maryland: absolute and limited. Absolute divorce is defined as a permanent legal ending of the marriage. Assuming the court allows an absolute divorce, the court will issue a divorce decree. A limited divorce is what we think of as a separation. While people can separate on their own by living in separate homes, the limited divorce is a legal separation. This is similar to a boyfriend and girlfriend simply taking a break from each other, although typically couples will file for an absolute divorce after taking some time apart.
There are certain requirements for an absolute or limited divorce in Maryland. The cause of action and residency requirements are important matters in the legality of divorces.
When a person or a couple is filing for divorce, they must provide reasons for the dissolution of the marriage. Potential reasons or grounds include:
Separation: If you and your spouse have been living separately for a year or more and you have not had any sexual relations during this period, then that is grounds for divorce. The year must be a continuous period and not broken up by any period of living together.
Mutual Consent: If you do not have children and both you and your partner agree to have the divorce, then getting a divorce will be fairly easy. You must both sign a written settlement agreement, and that is it!
Adultery: If your partner has committed adultery, then you will find it easy to receive a court-ordered divorce. Adultery can be defined as voluntary sexual intercourse between your spouse and another person who is not you.
Desertion: If your spouse left you “abandoned” as a way to end your marriage, then this is grounds for divorce.
Abuse: Any cruel or violent behavior including physical and emotional abuse toward a spouse or a child of the couple will provide grounds for divorce.
Insanity: If a psychologist has identified your partner to be legally insane and your spouse has been institutionalized for three years, then you will have sufficient cause for a divorce.
Criminal Behavior: If your husband or wife has committed a serious crime and been sentenced to three or more years in jail, then you will have sufficient grounds for divorce after he or she has served one full year of the sentence.
If your request for a divorce is accepted and the court orders a divorce decree, then either party can remarry. All property will be divided according to settlement agreements and negotiations. Once the property has been legally divided, you may not lay claim to property belonging to your ex.