Divorce in Maryland: Alternative Means of Service of Process

After suit is filed in a divorce matter, service of process must be effected. The purpose of service of process is to give actual notice to the defendant that an action against them has been instituted. This is a due process requirement. Generally this is done by delivering a copy of the summons, complaint, and all other papers filed to the individual, or by leaving a copy of the summons, complaint and all other papers filed at the individual’s dwelling house with a resident of suitable age and discretion, or by certified mail requesting restricted delivery. Maryland Rule 2-121(a).

Occasionally I have represented clients who separated from their spouse years ago and do not know the current whereabouts of the spouse and are therefore unable to effect service of process. When this occurs, a plaintiff spouse may petition the Court and request alternative means of service under Maryland Rule 2-121(c). The Court will require an affidavit asserting good faith efforts to serve the defendant spouse were made pursuant to Maryland Rule 2-121(a) and have not succeeded. Other good faith efforts include publication of notice in newspaper, contacting friends and family members of the defendant spouse, retaining a private investigator and/or tracing companies, searches through social security, birth indexes, skip traces, and MVA records. (Lohman v. Lohman, 331 Md. 113, 626 A.2d 384 Md., 1993.)(In re Thomas J., 132 Md. App. 396, 752 A.2d 699 Md. App., 2000.)

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Limited Divorce vs Absolute Divorce in Maryland

People call me all the time asking about these two different types of divorce in Maryland. The easiest way to understand the difference is to understand what each divorce type is trying to accomplish. The limited divorce is there to assist people with the issues to be resolved pending the grounds for absolute divorce maturing. So for example if you have children and/or the need for spousal support and you are separated from your spouse and they will not help you or they are fighting with you over the children for custody, then you can file for a limited divorce with out waiting for one year before you can file as required in the absolute divorce. The court will hear those temporary issues and decide on them more quickly with the limited divorce. You are still married with the limited divorce but these temporary issues are resolved. The absolute divorce by contrast is the final resolution of the marriage and address all the issues of your divorce on a permanent basis. Please feel free to call me if you have questions. I am happy to answer for you right over the phone 1-888-760-7339

Divorce in Maryland: The Issue of Commingled Funds

Any property that is acquired during the marriage that cannot be directly traced to a non-marital source is considered marital property. The party who asserts a marital property interest bears the burden of producing evidence of the identity and value of the property. Furthermore, the party attempting to demonstrate that property acquired during the marriage is non-marital must directly trace the property to a non-marital source. Noffsinger v. Noffsinger, 95 Md. App. 265, 620 A.2d 415 Md. App., 1993. Without further evidence or testimony, the mere fact that non-marital funds rested in the same account as marital funds does not compel the conclusion that the funds commingled. The character of the non-marital property may be preserved if its origins can be traced to non-marital property. West's Ann. Md. Code, Family Law, § 8-201(e).

Grounds for Divorce in Maryland

Once you confirm Maryland has jurisdiction over your divorce action you next move to the issue of whether you have grounds to seek a divorce in Maryland. There are multiple grounds for divorce in Maryland. I am writing today only about those that are based on one year and a day separation. Each of these grounds require that you are separate and apart from your spouse for one year and one day before you can file the complaint for absolute divorce. There are two exceptions to this rule. One if your spouse is committing adultery and two if your spouse is treating you with excessively vicious conduct. The grounds that are available to you under the one year rule are desertion, constructive desertion and mutual and voluntary agreement to separate. Each requires this one year and one day separation for the entire year and a day, uninterrupted and continuously, without any hope of getting back together. Once you spearate you are legally separated. There is nothing to file with the court to make you more legally separated. Once you separate you have separated for purposes of the one year and a day requirements. If you have questions please feel free to call 1-888-760-7339.

Divorce in Maryland Income Defined

For Maryland child support issues income is defined as follows:

(b)(1) "Actual income" means income from any source.
(2) For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, "actual income" means gross receipts minus ordinary and necessary expenses required to produce income.
(3) "Actual income" includes: (i) salaries; (ii) wages; (iii) commissions; (iv) bonuses; (v) dividend income; (vi) pension income; (vii) interest income; (viii) trust income; (ix) annuity income; (x) Social Security benefits; (xi) workers' compensation benefits; (xii) unemployment insurance benefits; (xiii) disability insurance benefits; (xiv) for the obligor, any third party payment paid to or for a minor child as a result of the obligor's disability, retirement, or other compensable claim; (xv) alimony or maintenance received; and (xvi) expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business to the extent the reimbursements or payments reduce the parent's personal living expenses

Default Judgment and Child Support in Maryland Divorce

Occasionally I have a case where the plaintiff is the non custodial parent and seeks a divorce from the other. However, once served the custodial spouse fails to file any answer. As such naturally we move forward with the request to the court to enter a default judgment. Recently I have this very case. Once we arrived at the master's hearing on the default, as expected the issue of child support was addressed. Testimony before the master established my client's income and the custodial parents income was reduced to minimum wage as no one knew her income. You will not divorce in Maryland with out child support being ordered.