Maryland Divorce Requirements
- Divorce
- Residency
- Same State, Different Address
- Proof of Residency
- Resident Versus Nonresident
- How to Establish Residency
- County Jurisdiction
- Divorce versus Annulment
- Grounds for Annulment
- Grounds for Divorce
Divorce
Under Maryland Law, you have the right to represent yourself in all legal cases, including divorce.
The legal term for representing yourself is "pro se," pronounced "pro say" which is Latin for "on your own behalf." Representing yourself is not a good idea for everyone. It is important to understand that by representing yourself, you may be giving up important rights. It is very important for you to find out if your spouse has a pension, retirement account, insurance or other significant property before you decide whether to file your own divorce. If you do not ask for such things in the divorce, you will give them up forever.
Before you file for divorce on your own, you need to talk to your spouse, if possible, and find out how he/she feels about the divorce and about the issues mentioned above. This will give you an indication on how to proceed with the divorce.
The law limits the authority of the court to grant divorces (known as a question of jurisdiction - can this court hear this divorce?). The law also dictates when the court has jurisdiction over a divorce proceeding.
Within Maryland, the circuit courts have jurisdiction to hear divorce cases. Generally, the circuit court with jurisdiction for your case is the circuit court in the county where you live or the circuit court in the county where your spouse lives. When you file the relevant papers, you must have stated your grounds for that court to have jurisdiction. If not stated correctly, your spouse could file a motion to dismiss your case.
After you file your papers, your spouse has 30 days (if your spouse lives in Maryland), 60 days (if your spouse lives outside of Maryland, but in the United States), or 90 days (if your spouse lives outside the United States) to respond to your request for divorce (known as a Complaint). If your spouse fails to respond, the court will proceed with the divorce so long as service of process has been completed correctly. Whether or not your spouse responds, you will have to appear before the court (in almost all cases the hearing will be before a master) in a hearing scheduled by the clerk. After you have presented evidence, and if your spouse answers or shows up, then your spouse will also have a chance to do the same. At the end of the hearing, the court (in most cases it will be a master who makes a recommendation to the court) will decide at some later time (normally 30 days) to grant a divorce and a settlement of marital issues.
Residency
In order to start the divorce process you must file a complaint in the circuit court where you or your spouse lives. In your complaint or at the hearing, you will have to meet the residency requirement for the ground you specify. Divorce laws apply only to the residents of a state, and each state has its own residency requirements. To file for divorce in Maryland, one party must be a Maryland resident. If the grounds for the divorce happened outside of Maryland, however, one party must be a Maryland resident for at least 6 months prior to filing.
Same State, Different Addresses
You do not have to remain at the same address to fulfill your residency requirement. You can move anywhere within the state from which you are filing. The forms do not require you to list all addressees, but you should be prepared to prove where you lived during the separation in the final hearing.
Proof Of Residency
Your residency is substantiated by your sworn complaint. The testimony is all that most courts require to verify residency. But cases have been dismissed and even overturned because of improper proof of residency.
Resident Versus Nonresident
A court may take on a divorce proceeding even if your spouse is not a resident of Maryland. If you or your spouse move to another state after the divorce has been filed, you may still have your case heard in Maryland.
How To Establish Residency
Register to vote. Get a driver's license. Get a job. Open charge accounts. Register your car. Take out a library card. The list is endless. But whatever you do, do not maintain a residence in another state that could imply that you do not intend to remain in the state from which you file.
County Jurisdiction
Maryland has counties that govern which court your divorce will take place in. This is called venue. The divorce must be filed where either the plaintiff or defendant resides or where either is regularly employed or has a place of business.
Divorce versus Annulment
Divorce is the ending of a marriage ordered by a court.
Annulment establishes that your marriage never existed. Annulments are rare and only granted in specific situations.
Grounds for Annulment
The grounds for an annulment are:
- Either party was legally married to someone else at the time of marriage
- The two parties are related by birth or marriage with an impermissible degree of relationsship.
- One of the parties lacked the capacity to marry due to mental illness, lack of capacity, or not being of legal age to marry.
- A party's consent to the marriage was obtained by fraud, duress, or undue influence.
Grounds for Divorce
The grounds for a divorce are:
- 6 month separation. The parties have lived apart for 6 months without interruption. For purposes of divorce they can live apart, even if they share the same residence.
- Irreconcilable differences. This means that a married couple has conflicts or issues that are so significant that they cannot be resolved and they make it impossible or impractical to continue being married.
- Mutual consent. In order to get a divorce using the mutual consent grounds you must have:
- A Marital Separation Agreement covering alimony, distribution of property, and custody, visitation and support of minor or dependent children if applicable.
- A completed Child Support Guidelines Worksheet if child support is involved.
- Neither party in disagreement with the terms of the Marital Separation Agreement.
- The court in agreement that the tems of the Marital Separation Agreement are in the best interest of the minor or dependent children if applicable.
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