Maryland Divorce Law

Legal grounds for divorce in Maryland include: adultery; desertion by one spouse for a lengthy period of time; voluntary separation by both spouses; mental incapacitation; cruelty or abuse; or a felony conviction of one of the parties. After the divorce is final, either party may request a name change such as a return to a maiden name.

Maryland Divorce Law & Property
Maryland is an equitable distribution state and will divide the property fairly but not necessarily equally between the parties. The court will consider the following factors when awarding property:

• the economic circumstances of each party
• the duration of the marriage
• the age and health of each party
• the reason for the estrangement and divorce and whether one partner was the cause
• how the marital property was acquired
• any terms of alimony
• and what each partner contributed to the marriage, including finances, homemaking, or child care.

Maryland Divorce Law & Alimony
Spousal support is a privilege granted by the court if it is appropriate. Considerations when awarding alimony include:

• the length of the marriage and the standard of living established
• the ability of the party seeking alimony to support him or herself
• whether the party seeking alimony will need job training or education
• the financial state of both parties
• income level and earning potential of both parties
• the age and health of both parties
• the circumstances that led to divorce and whether one party was more at fault than the other
• the contributions by both parties to the marriage
• whether the party paying alimony can reasonably support him or herself as well
• and any prior agreements such as a prenuptial agreement between the two parties.

Maryland Divorce Law & Child Custody
The court looks at every circumstance before deciding what custody situation is in the best interest of the child. Both parents are considered as possible custodians, regardless of sex. Usually, one parent is granted custody, which means the child lives with them, while the other parent is granted visitation rights. In some cases, the parents are granted joint custody and the child will spend equal time living with each parent.

If the court has grounds to believe that either parent is harmful or abusive to the child, the court can deny custody or visitation rights or may only grant supervised visitation if it is beneficial to the child to see that parent. When the child is a certain mature age, but still a minor, he or she may file a petition to change custody.

In some cases, the court may require the parents to attend counseling or educational classes that address the needs of the child in the event of a divorce. This is meant to teach parents how to lessen any detrimental impacts of the divorce on the child and to teach them to communicate well with each other about the child. Grandparents may sometimes be granted visitation rights if the court determines it is in the best interest of the child.

Maryland Divorce Law & Child Support
Maryland uses the Income Shares model for determining child support. This means that the incomes of both parents are combined and then a percentage is calculated for the financial responsibility of each parent. Both parties have a legal responsibility to document all sources of income including wages, trusts, investments, and income generated from other household members such as a new spouse.

The state approved child support guidelines may be altered in special circumstances such as a dramatic income change for either parent, additional responsibilities such as another child, or due to the terms of the property or alimony agreements. Child support is meant to help provide food, shelter, clothing, medical needs, and education. All other support such as extracurricular activities or travel may be considered superfluous by the court.

When calculating child support, the court considers the following factors: the needs of the child, including any special needs for physical or learning disabilities; the age of the child, as older children often require more financial support; the capability of the custodial parent to earn a living; the ability of the noncustodial parent to pay support and still reasonably provide for him or herself; and the other financial responsibilities of the parents.

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