Adultery in a Divorce in Maryland

Adultery is one of the few grounds for divorce available where a party is able to file for divorce in Maryland without a waiting period . Adultery is able to be proven through circumstantial evidence however the party who filed must prove that their spouse had the disposition to commit the act of adultery as well as the opportunity to commit the offense. The burden of proving adultery is on the party who has filed for divorce and raised adultery as their grounds for the divorce.

Grounds for an Absolute Divorce

In Maryland an absolute divorce is governed by MD Family Law 7-103. Only an absolute divorce will permit the parties to remarry after the divorce is finalized. In order to be granted an absolute divorce all of the grounds must be satisfied before the party files the complaint for divorce. A 12 month separation is required for either using desertion or constructive desertion as a ground for divorce or for a no fault divorce. The only grounds that do not require separation for 12 months before filing are adultery or cruelty of treatment/excessively vicious conduct.

Voluntary Impoverishment in Calculating Child Support in Maryland

In calculating child support in a divorce in Maryland a party cannot voluntary impoverish themselves.Under MD Family Law 12-205(b) the exceptions for voluntary impoverishment are those individuals who have a physical or mental disability or those who are caring for a child under the age of 2 for whom parents are jointly liable for support. The standard in Maryland is that it is voluntary impoverishment when a party makes a free and conscious choice, that is not compelled by factors outside of their control that renders him/herself without adequate resources. When a party is determined to be voluntary impoverished they are imputed with income as determined by MD Family Law 12-201(1).

Mediation in Divorce in Maryland

Mediation is commonly being resolved to resolve issues of child custody and access in many divorce cases in Maryland. When mediation is ordered by the court in a family law case it is typically used for the parties to come to an agreement on a parenting plan rather than the court arbitrarily deciding what they believe to be in a minor child's best interest. However this parenting plan can be incorporated into a court order so that the parties are legally bound to follow the agreement.

Child Support in Maryland

To establish child support in Maryland uses a formula that is presumed to be correct. This formula looks at each of the parties incomes and only deducts from that income for child support being paid for children from a prior marriage as well is alimony paid in either current or prior cases. Based on the parties income and the number of overnights that the child has with each of the parents (either joint physical custody or sole physical custody) a Basic Child Support Obligation will be determined. From this basic obligation the only expenses that will be added to the obligation are work related child care expenses, the cost of health insurance for the child, the cost of any extraordinary medical expenses, and in limited cases the cost of private school and/or transportation for the child. Based on these numbers the final child support will be determined. The calculation of child support is outlined in Maryland Family Law Article 12-204.

Private School Tuition as part of a Child Support Calculation in Maryland

Private school tuition typically is not included as a cost for the purpose of child support calculations. However in Maryland the Court has the ability to consider certain factors in order to decide whether the child has a particular educational need to attend private school. These factors may include how the child is currently performing in school, whether or not there is a family tradition of attending private school, whether or not the child was already attending private school prior to the divorce, whether or not the parents have the ability to pay, and any other factor that would bear on whether or not it was in the child's best interest
to attend private school.

Alimony in Maryland

In Maryland there is a rebuttable presumption that when alimony is awarded it will not be awarded indefinitely and will instead be awarded for a period of time that is set by the court. To determine an alimony award there is a two step process governed by MD 11-106, these factors are outlined below. Once the Court looks to these factors to determine if an alimony award should be granted they will then look to the following, in order to determine how much alimony should be awarded and for how long: contributions made by the spouse seeking alimony during the marriage; the income, debts, and property of each party; the circumstances that resulted in the break-up of the marriage; the length of the marriage; the age and health of each of the parties; the standard of living during the marriage; and any award of marital property that has already been determined.

• MD Factors 11-106
• (b) In making the determination, the court shall consider all the factors necessary for a fair and equitable award, including:
• (1) the ability of the party seeking alimony to be wholly or partly self-supporting;
• (2) the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
• (3) the standard of living that the parties established during their marriage;
• (4) the duration of the marriage;
• (5) the contributions, monetary and non-monetary, of each party to the well-being of the family;
• (6) the circumstances that contributed to the estrangement of the parties;
• (7) the age of each party; 
• (8) the physical and mental condition of each party;
• (9) the ability of the party from whom alimony is sought to meet that party's needs while meeting the needs of the party seeking alimony;
• (10) any agreement between the parties;
• (11) the financial needs and financial resources of each party, including: 
• (i) all income and assets, including property that does not produce income;
• (ii) any award made under §§ 8-205 and 8-208 of this article;
• (iii) the nature and amount of the financial obligations of each party; and
• (iv) the right of each party to receive retirement benefits; and
• (12) whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health-General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur