Divorce Attorney Towson (443) 991-7730 Thomas Mallon Divorce Lawyer Towson
Litigating Attorney Thomas Mallon is uniquely qualified and extremely successful at winning cases in Towson and surrounding cities. He has handled hundreds of cases dealing in Divorce, Family Law, Child Support Litigating, Child Custody, Child Support Payments, Wage Garnishments, Child Custody Services and more
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Is there a waiting period to get a divorce in Maryland? In order to obtain an "absolute" divorce (the legal term for a real and final divorce) in Maryland, the spouses must meet one of the legal criteria (grounds) for divorce. If a couple is divorcing on no-fault grounds, they must have been living apart for at least a year without interruption. Rather than waiting a year before filing, however, some spouses file for a "limited divorce," a holdover from yesteryear which today serves two functions: getting temporary support and getting in line for an absolute divorce.
Are "irreconcilable differences" grounds for divorce? Not exactly. Maryland law nowhere lists "irreconcilable differences" as grounds for divorce. To get a no-fault divorce, the law formerly required the filing spouse to claim not only that the couple had been living separately for at least a year without interruption, but also that there was no reasonable possibility of reconciliation. However, this second part of the test was deleted. Now, it's sufficient for a spouse to claim that the couple has been living apart for a year.
Is a no-fault divorce possible? Yes. As noted above, if a couple has been living separately for at least a year, either spouse can file for divorce.
What are the fault grounds for divorce? The fault grounds are: adultery, desertion, conviction of certain crimes, insanity, cruelty, and excessively vicious conduct.
What evidence is needed to prove adultery? Maryland courts recognize that it is rarely possible to prove adultery through the testimony of eyewitnesses. But there is no need to catch a philandering spouse in the act. A spouse can prove adultery through circumstantial evidence, by showing that (1) the alleged adulterer and his or her paramour were inclined to commit adultery, and (2) they had an opportunity to do so.
What is desertion? As a ground for divorce, desertion occurs when: • one spouse has been gone for 12 months, without interruption, before the other filed for divorce • the desertion was deliberate and final, and • there is no reasonable expectation of reconciliation.
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Supplemental reading: http://en.wikipedia.org/wiki/Child_custody
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