Use and Possession of Property in Maryland

The court is permitted to order that one custodial spouse with a child has the right to possess and use the family home and family use property for a limited time, regardless of how the property is titled. A use and possession order may only be issued in limited circumstances such as part of a divorce or annulment proceeding, temporarily in a pendente lite proceeding, or as the result of a protective order for domestic violence. The court can only award use and possession to a spouse with custody of a natural or adopted child, not a step child. The court may allocate financial responsibility to either or both the parties concerning indebtedness or expenses on the property. This means that the party not granted use and possession may be required to pay all or part of the expenses. The party bearing this financial responsibility has a right to seek contribution.

Qualified Domestic Relations Orders in Maryland

A Qualified Domestic Relations Order (QDRO) is an order by the court to modify the payee of a pension plan. The court has the power to transfer interests in pensions, retirement plans, profit-sharing, or deferred compensation. A QDRO must be prepared which meets the specific requirements outlined in the Employee Retirement Income Security Act (ERISA). A QDRO is a means for a spouse to claim an interest in a participant’s retirement benefits through a state court order enforceable under federal law. A QDRO must set forth the name and last known mailing address of the plan participant and the alternate payee, the amount or percentage of benefits going to the alternate payee, and the number of payments to which the plan applies. Benefits provided under a QDRO are considered income to the actual recipient.

Adultery as a Ground for Divorce in Maryland

Adultery is voluntary sexual intercourse between a married party and someone other than the spouse of the married party. The aggrieved spouse may file for an absolute divorce immediately on the ground of adultery without waiting for any separation time period to expire. Adultery is difficult to prove because of its private nature, so circumstantial evidence is permissible. This circumstantial evidence must show BOTH opportunity on the part of the defendant and paramour to commit adultery AND disposition to commit the adultery. An example of disposition is public displays of affection between the paramour and the defendant.

Proof Of Separation in a Maryland Divorce

Maryland requires the parties live separate and apart for one year before they are eligible to file a complaint for absolute divorce in all but two grounds for divorce. The exceptions being adultery and excessively vicious conduct. Proof of this separation typically is some fact witness who says I know he/she moved on such a day because (fill in the blanks), ie: I helped them move, they moved in with me, etc.. That same witness can also be used to offer the testimony that the separation has remained continuous and uninterrupted for the entire 12 months. other evidence is also available for example post office mail changes, driver license changes, leases, and any other evidence on point to show the date you and your spouse separated.