No Fault Divorce in Maryland

In Maryland, there are two ways to get a divorce without either party being at fault. An innocent divorce can be granted on the basis of a 12-month separation or by mutual agreement. An advantage of an innocent divorce is that it may be easier for spouses to agree on other issues such as child support, child access, child support, and marital property sharing if they take the blame off the table in the event of a divorce based on a 12-month separation, the person filing the divorce complaint must be able to demonstrate that they have been separated and separated for more than a year before filing the complaint. The parties must not have had any sexual relationships during the separation. Finally, it must be said that there is no hope of reconciliation. It should be noted that even if the one-year separation has not been agreed in whole or in part by the other spouse, this is a sufficient basis for the judicial filing. If the 12-month separation can be proven, it does not mean that the divorce has ended.

A “divorce” includes not only the “grounds for divorce” (in this case a 12-month separation), but also all other open questions between the parties. For example, if the parties have children, the court will require a decision on the child’s legal and physical custody, and child support would have to be calculated according to the Maryland Child Support Guidelines. If there are differences in income between the parties, maintenance should also be decided. All real estate problems should also be solved.

This can include real estate such as the marriage house as well as personal property, which is not just physical personal items, but also automobiles, bank accounts, and retirement benefits. Recognizing that a year-long divorce can put a strain on divorce parties, Maryland lawmakers have passed a law that allows for divorce by mutual consent, avoiding the need for a divorce. In order for divorce to be granted by mutual consent, the parties must voluntarily and voluntarily sign a written agreement regulating all matters relating to maintenance and the division of marital property.

If the parties have children who are minors, the agreement must detail the custody agreement and support for the children. The court record must include a worksheet with guidelines for child support that includes a support amount for the children. If a written agreement is submitted without a party submitting a document denying the agreement, the court will schedule a hearing to confirm the agreement.

The purpose of the hearing is to ensure that both parties have freely and voluntarily entered into the agreement and that any part of the agreement that relates to underage children is actually in the best interests of the children. In summary, a divorce based on a 12-month separation can be filed with the court, even if other issues such as custody have not yet been resolved. In such a case, the court will normally ask the parties to participate in the mediation in order to reach an agreement on open issues. On the other hand, divorce can be filed at any time by mutual agreement, but all problems between the parties must be resolved by written agreement.