FREQUENTLY ASKED QUESTIONS ABOUT FAMILY LAW:
What are the types of divorce in Maryland?
There are two types of divorce in Maryland: absolute divorce and limited divorce. An absolute divorce is what people typically think of when they think of divorce - it formally terminates the marriage, allowing the couple to marry other people if they wish. On the other hand, a limited divorce is essentially a court-ordered separation. A limited divorce does not permit a couple to marry other people.
What are the grounds for a divorce in Maryland?
There are eight grounds for an absolute divorce in Maryland: adultery, desertion, voluntary one year separation, criminal conviction, two year separation, insanity, cruelty, and excessively vicious conduct. There are four grounds for a limited divorce: cruelty, excessively vicious conduct, desertion, and voluntary separation.
Is there no-fault divorce in Maryland?
There are two divorce grounds in Maryland that can essentially give a person a "no-fault" divorce. These are a voluntary one year separation, and a two year separation. With the first, a couple must agree to separate. Once they are separate for a year, they can file for a divorce. With the other, one person in the marriage can decide to separate from the other, and two years later, can file for a divorce.
What are the types of child custody in Maryland?
There are two basic types of child custody in Maryland: legal and physical. Legal custody refers to a parent's authority to make decisions regarding his or her child's life-for example, what school the child will go to, medical care, etc. Physical custody refers to which parent the child is with physically. Both legal and physical custody can either be with just one parent (sole custody) or shared custody between both parents (joint custody).
What kinds of alimony are there in Maryland?
The two basic types of court-ordered alimony in Maryland are rehabilitative and indefinite alimony. Rehabilitative alimony lasts for a fixed amount of time. The idea behind it is to give the person who is receiving it the opportunity to become self-supporting. Indefinite alimony, on the other hand, is precisely that -indefinite. It is awarded to a person when a court finds one of two things: (1) that due to that person's physical condition, the party seeking alimony cannot be expected to become self-supporting; or (2) that even if the person seeking the alimony has made as much progress to become self-sufficient as can reasonably expected, the standards of living of each of the parties will still be grossly different. A person should not confuse "indefinite" alimony with "permanent" alimony as a court could reduce the alimony payments to a person, or end them altogether.