Annapolis Divorce Attorneys Clarify Grounds for Divorce
Maryland family lawyers proudly helping clients substantiate their reasons for separating
In an ideal scenario, two people who have fallen out of love can agree to divorce, decide who keeps which property, and then go on their separate ways. In the real world, divorce can be messy, frustrating and complicated, especially when neither party can agree on how to proceed. The compassionate Annapolis divorce attorneys of Cynthia H. Clark & Associates, LLC help individuals who are seeking to divorce throughout Maryland in navigating these uncertain waters.
Common grounds for Maryland divorce
When one party seeks to file for a contested divorce, the complaint filed by the lawyer will likely list one of these six grounds of fault under Maryland law:
- Conviction of a criminal felony or misdemeanor requiring jail time
- Desertion for more than one year
- Excessively vicious conduct (including harsh behavior toward a spouse or a child under the age of 18)
Divorces on these grounds are called absolute divorces, and will effectively fully dissolve your marriage. This gives you the legal right to remarry and further divide property as you wish.
Requirements for a no-fault Maryland divorce
Most divorces in Maryland will require a 12-month period of separation. If you and your spouse have children who are minors, and wish to file for a “no fault” divorce, this strict separate living rule is enforced. This is not the case when a couple does not have minor children.
If you wish to end your marriage without the 12-month waiting period, however, and neither you nor your spouse is able to file for divorce under one of the existing grounds, you can file for an uncontested divorce on the grounds of mutual consent. In order to do this, you and your spouse must satisfy all the Court’s stated requirements:
- The couple must not have children under the age of 18,
- A complete, written settlement has been agreed upon and submitted to the court, including decisions about alimony and property division,
- Both parties are present at the uncontested divorce hearing, and
- Neither party requests a revision of the settlement from the Court
You will need a skilled Annapolis divorce lawyer to navigate the process should you wish to file for a no-fault divorce.
Fault and No-Fault Grounds for Divorce in Maryland
For a quick recap of fault and no-fault grounds for divorce, please watch the following video:
Make sure your Annapolis divorce attorney represents all of your interests
The legal team at Cynthia H. Clark & Associates, P.A offers an elite team of Annapolis divorce attorneys with years of representation experience — those who have truly “seen it all.” The firm caters to individuals in all circumstances, including service members, those with high-value assets, and LGBTQ clients. To reserve a consultation time, please call 410-921-2422 or fill out our contact form. The firm proudly serves clients in Anne Arundel County and the surrounding areas.