Wednesday, June 29, 2011

How to Divorce in Maryland (part II)

This is the second installment on instructions regarding how to divorce in Maryland. As was stated in the prior post before you can file a complaint for absolute divorce in Maryland you must first establish your grounds for divorce. Maryland recognizes several grounds for divorce some more prevalent than others. I have outlined only those that are most common.

An Absolute divorce in Maryland requires that you stay separate and aprt from your spouse for one year before you can file the complaint for absolute divorce. The only exceptions are if your spouse is committing adultery or treating you with excessively vicious conduct. The absolute divorce is the final divorce and addresses all the issues of the marriage, including, custody, visitation, child support, use and possession, alimony, equitable distribution of marital property and counsel fees.

The grounds available for an Absolute Divorce are:

Adultery; is defined as sexual intercourse with some one from the opposite sex that is not your spouse. It is proven by evidence of propensity to commit adultery and opportunity. A person who commits adultery can not be compelling to testify against themselves for any act occurring with in one year. Adultery can be proven my admission of the adulterous party only under circumstances where the case is hotly contested and there are no indications of collusion.

Desertion; your spouse left the marital home with the intention of ending the marriage and you and your spouse have remained separate and apart for one year and there is no hope you will ever get back together again.

Constructive Desertion: you left the marital home because your spouse made it impossible for you to continue living in the home with your health happiness and self respect intact. And you and your spouse have remained separate and apart for one year and there is no hope you will ever get back together again.

Excessively Vicious Conduct.

Voluntary Separation; you and your spouse agreed it was time to end the marriage and your spouse left the marital home. And you and your spouse have remained separate and apart for one year and there is no hope you will ever get back together again.

If you have questions on how to divorce in Maryland or the grounds for divorce in Maryland or any other subject involving divorce in Maryland please feel free to give me a call I am happy to answer your questions over the phone and will do so at no cost to you. 1-888-760-7339.

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