What Does It Take To File For Divorce In Maryland?

What Does It Take To File For Divorce In Maryland?

What Does It Take To File For Divorce In Maryland?

Although most people think that divorce procedures are standardized, the process differs from state to state. Separating from your spouse in Maryland has some unique considerations you’ll want to keep in mind to make the process a success. Before you approach Jimeno & Gray, P.A. – divorce firm in Maryland for help, it’s helpful to know that there are two types of divorce consideration: absolute or a limited divorce.  Some of the issues addressed in both forms of separation include child support, custody, division of assets and debts, and alimony.

Filing For An Absolute Divorce

Filing for an absolute divorce means the end of a marriage, and once it is settled, you and your partner are free to remarry or stay single without interference from your ex-spouse. After an absolute divorce, none of you can inherit property or act as beneficiaries for their ex assets and money after their death.  Properties jointly owned by the separated couples are automatically considered as owned equally by each party. When you and your spouse cannot agree on division of some properties, they are sold and the money is shared between you. Additionally, both of you are allowed to resume your birth names.

Filing For Limited Divorce

Like other places, Maryland divorce regulations considered a limited divorce a legal marriage separation that only a legal professional can oversee. A limited divorce doesn’t mean a marriage has ended.  It is a process that is used when couples have some of the following issues in their marriage:

  • Do not have complete grounds for filing for an absolute separation.
  • Are looking for financial relief and consider staying away from each other makes it easy.
  • When you are not able to settle your marriage issues such as fights and more
  • When you think separation is the best thing to raise your kids

To qualify for a limited divorce in Maryland, you must meet specific requirements, including being a resident of Maryland, have genuine grounds for the divorce, and be legally prescribed by the law for you to file a divorce.

The Requirements Needed For You To File A Divorce In Maryland

Once you’ve established the type of divorce you’re looking for in Maryland, some of the residency requirements are for you to have been a Maryland resident for at least six months before filing for separation. Additionally, you will also be required not to have shared living space with your to-be ex-husband or wife.  The standard time for you to be allowed to separate is if you have stayed away from each other for about twelve months or more. Additionally, the plaintiff is also required to have genuine proof called fault grounds for the separation. This means you must provide genuine evidence that the other party did or does something that the law accepts as a solid reason for ending a marriage.  Proof of fault grounds includes confinement to a mental institution, vicious conduct, cruelty, and adultery.

Suppose you’re the one filing for the separation. In that case, it’s crucial that you consult with a licensed Maryland divorce attorney to ascertain your complaint and determine whether your fault grounds are solid enough.

Signing The Writ Of Summons 

You should file your divorce with the court once you’ve been legally allowed to continue with the separation procedures. You will be issued with a writ of summons document that comes along with a copy of the complaint document to sign. The writ of summons will be addressed to your spouse, requiring them to appear before the court to defend themselves.

Having Your Ex-Spouse Sign The Answering Of Complaint Paperwork

After signing the writ summons and presenting the service of complaint documents to your spouse (as the defendant), they must sign the answering of complaint paperwork.  This gives your soon-to ex-husband or wife a chance to deny or admit the fault grounds against them. Typically, the defendant must answer within thirty days after being offered the answering of complaint paperwork.  If they are out of state, they will be required to respond within sixty days. If they are out of the country, they must reply within ninety days. It’s important to note that your spouse is allowed to file a counter-complaint about an absolute separation if they want to state their grounds of ending or not ending the marriage.

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