Important Facts about Maryland Divorce

Like the rest of the nation, Maryland employs no-fault divorce which means that blame, fault, or wrongdoing is not part of the divorce process. No-fault divorce allows the court to dissolve a marriage without evidence that anyone has done anything wrong. Some states have done away completely with fault-based divorces. Maryland has not. A couple in this state can seek a divorce either through the no-fault or fault-based process. To obtain a no-fault divorce, one of the spouses must claim that they have been living separate and apart for a minimum of one year. This means that they have not cohabited or been intimate with one another. The issue of "irreconcilable differences" or the irretrievable breakdown of the marriage is not part of the divorce petition.

Fault grounds for divorce in Maryland consist of adultery, desertion, a spouse being convicted of certain crimes, insanity, cruelty, and excessively cruel conduct. Desertion means that a spouse has deliberately and finally left for a period of a year without interruption and that there is no possibility of reconciliation. In some cases, a spouse may desert the other to escape conduct that is a threat to his or her health, comfort, or self-respect. This is called "constructive desertion." When a spouse is forced to leave intolerable circumstances in a constructive desertion, he or she may file for divorce based on claims that the other party was at fault. Excessively cruel conduct is any type of abuse, whether physical, verbal, or sexual which is designed to harm or impair the other or destroy their happiness or well-being. Adultery can be proven through circumstantial evidence, such as showing that the implicated spouse had an intimate relationship with another and an opportunity to engage in adulterous behavior.

Divorce and Family Law Firm in Columbia, Maryland

Divorce and other family law issues, such as child custody, spousal support, marital property division, child support, paternity, domestic violence, and modifications of court orders can be difficult and emotional matters. The guidance and input of a trusted and knowledgeable attorney in such matters can ease the stress and pain of the process. At Garner & Garner, P.A., serving the greater Columbia area, you can retain the services of an attorney who is long on experience, skill, and compassion. The legal team at the firm has been in the business of helping clients with divorce and family law problems since 1985. They have 44 years of combined experience, providing one-on-one attention.

No matter what type of divorce you may be involved one, whether it is simple, complex, contested, or no-fault, your case will be handled with the utmost care and professionalism. Contact the firm to arrange for a free thirty-minute consultation about your divorce or family law matter today.