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Maryland No-Fault Uncontested Agreed Divorce Package for Dissolution...

Md Divorce With Without Attorney

Category:

Family Law - Divorce - With Children

State:

Maryland

Control #:

MD-004-D

Format:

Instant download

Description

The Maryland Divorce Package for adults allows couples to file for divorce without an attorney when they mutually agree on all terms and have no minor children involved. This comprehensive form package guides users through the filing process, ensuring clarity with outlined instructions and necessary forms for successful submission. Key features include forms for complaint, separation and property settlement agreement, and instructions for serving the spouse, all aimed at facilitating an uncontested divorce. Target users such as attorneys, partners, owners, associates, paralegals, and legal assistants will find this package beneficial as it simplifies the divorce process, promoting efficiency and compliance with Maryland state requirements. For users with limited legal experience, detailed explanations and step-by-step instructions enhance usability, making it accessible to a broader audience. Furthermore, the forms can be completed using Microsoft Word, allowing for digital convenience while ensuring legal accuracy. As such, this package serves as a vital resource for those seeking to navigate a divorce amicably and expediently.

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How to fill out Maryland No-Fault Uncontested Agreed Divorce Package For Dissolution Of Marriage With Adult Children And With Or Without Property And Debts?

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Divorce Package

Make the process of finding the needed Divorce Package more straightforward. Choose your state, clarify circumstances, and get forms that suit your case.

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FAQ

Maryland is one of the unique states that requires there to be a fault ground to get an immediate divorce without a waiting period. These grounds, however, are likely to be contested as they are adultery and cruelty.

The new law is ELIMINATING six grounds for divorce, including Adultery, Desertion, Criminal Convictions, 12 month separation, Insanity and Cruelty of Treatment or excessively vicious conduct towards a spouse and/or child.

Once a judgment of absolute divorce is entered, the parties are free to remarry. After an absolute divorce, one party can no longer inherit property from the other, and any property owned by them jointly as husband and wife automatically becomes property held in common (each owns one-half).

The Plaintiff is required to attend the uncontested divorce hearing, but in most cases the Defendant does not need to appear. The uncontested divorce hearing takes approximately 10 minutes and the Plaintiff will be asked questions about the contents of their Complaint for Absolute Divorce.

The quickest and cheapest way to end your marriage in Maryland is an uncontested divorce by mutual consent?as long as you and your spouse can work out a settlement agreement. (Md. Code, Fam. Law § 7-103 (2023).)

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Maryland No-Fault Uncontested Agreed Divorce Package for Dissolution of Marriage with Adult Children and with or without Property and Debts

Notes: This summary is not intended to be an all-inclusive summary of the laws of divorce in the State of Maryland, but does contain basic and other procedures.

Grounds for divorce

The courts in Maryland will grant an absolute divorce on the following grounds:

1. Adultery;

2. Deliberate desertion for one year with no reasonable expectation of reconciliation;

3. Voluntarily living separate and apart without cohabitation for one year with no reasonable expectation of reconciliation;

4. Conviction of a felony;

5. Living separate and apart for two years without cohabitation;

6. Insanity of one of the parties;

7. Excessive cruelty or vicious conduct. ACM 7-103

Residency requirements

If the grounds for divorce occurred outside of the State of Maryland, at least one of the parties to the divorce must have resided in Maryland for at least one year immediately prior to the filing of the action. AMC 7-101

Name of court and title of action/parties

An action for divorce filed in the State of Maryland is filed in the Circuit Court. The title of the action initiating the divorce is a Bill for Divorce, while the title of the action granting the divorce is referred to as the Decree of Divorce. The party who initiates the action for divorce is referred to as the Plaintiff, while the other party to the action is referred to as the Defendant.

Legal separation

Legal separation in Maryland is referred to as a Limited Divorce. The courts will grant a judgment of Limited Divorce for the following reasons:

1. Cruelty of treatment or excessively vicious conduct;

2. Desertion;

3. Voluntarily living separate and apart with no reasonable prospect of reconciliation.

The parties may be required to participate in good faith in reconciliation efforts prescribed by the court. ACM 7-102

Mediation

Mediation may be required by the court when a limited divorce is sought. Additionally, if custody is a disputed issue, the court may also require mediation. ACM 7-102

Alimony

Alimony may be awarded to either spouse. In making a determination as to the amount and period of alimony, the court may consider the following factors:

1. The ability of the party seeking alimony to be wholly or partly self-supporting;

2. The time necessary for the party seeking alimony to gain sufficient knowledge or training to find suitable employment;

3. The standard of living of the parties established during the marriage;

4. The duration of the marriage;

5. The contributions of each party to the well-being of the family;

6. The circumstances of the demise of the relationship;

7. The age and physical and mental condition of each party;

8. Any agreement between the parties;

9. The financial needs and resources of the parties;

10.The ability of the party from whom alimony is sought to meet that party's needs while meeting the needs of the party seeking alimony;

11. Any other relevant factor.

ACM 11-106

Distribution of property

Maryland is an equitable distribution state in which the court will divide the marital property between the parties as the court deems equitable and just, after setting aside to each spouse that party's separate property. Factors the court will consider in distributing the marital property between the parties include:

1. The contributions, monetary and non-monetary, of each party to the family's well-being;

2. The value of each party's property interests;

3. The economic circumstances of each party;

4. The duration of the marriage;

5. The age and physical and mental condition of each party;

6. The circumstances that contributed to the estrangement of the parties;

6. Any other factor the court deems relevant and just.

ACM 8-205

(a) In a proceeding for an annulment or a limited or absolute divorce, the court may determine which property is the family home and family use personal property

(b) A preliminary or pendente lite determination is subject to modification during the pendency of the proceeding.

(c) If the court determines that there is no need for an order or decree issued under this section regarding the family home or all or any part of family use personal property, the property shall be treated as marital property if it otherwise would have been treated as marital property.

ACM 8-207

Child Custody

The court will determine the issue of custody based upon the best interests of the child. ACM 8-207

In exercising its jurisdiction over the custody, guardianship, visitation, or support of a child, an equity court may:

(1) direct who shall have the custody or guardianship of a child, pendente lite or permanently;

(2) determine who shall have visitation rights to a child;

(3) decide who shall be charged with the support of the child, pendente lite or permanently;

(4) from time to time, set aside or modify its decree or order concerning the child; or

(5) issue an injunction to protect a party to the action from physical harm or harassment. This section does not take away or impair the jurisdiction of a juvenile court or a criminal court with respect to the custody, guardianship, visitation, and support of a child. ACM 1-201

Child support

Maryland has enacted child support guidelines which establish the presumptive correct amount of child support. This presumption may be rebutted by evidence that the application of the guidelines would be unjust or inappropriate under the circumstances. If the court determines that application of the guidelines would be unjust or inappropriate, the court shall make a written finding on the record stating the reasons for deviating from the guidelines and stating what the amount would have been under the guidelines. ACM 12-202

Name change

The court upon the granting of a divorce may change the name of a party to that party's former or maiden name so long as the reason the party is seeking the name change is not illegal, fraudulent, or immoral. ACM 7-105

Maryland No-Fault Uncontested Agreed Divorce Package for Dissolution of Marriage with Adult Children and with or without Property and Debts

Notes: This summary is not intended to be an all-inclusive summary of the laws of divorce in the State of Maryland, but does contain basic and other procedures.

Grounds for divorce

The courts in Maryland will grant an absolute divorce on the following grounds:

1. Adultery;

2. Deliberate desertion for one year with no reasonable expectation of reconciliation;

3. Voluntarily living separate and apart without cohabitation for one year with no reasonable expectation of reconciliation;

4. Conviction of a felony;

5. Living separate and apart for two years without cohabitation;

6. Insanity of one of the parties;

7. Excessive cruelty or vicious conduct. ACM 7-103

Residency requirements

Name of court and title of action/parties

Legal separation

Legal separation in Maryland is referred to as a Limited Divorce. The courts will grant a judgment of Limited Divorce for the following reasons:

1. Cruelty of treatment or excessively vicious conduct;

2. Desertion;

3. Voluntarily living separate and apart with no reasonable prospect of reconciliation.

The parties may be required to participate in good faith in reconciliation efforts prescribed by the court. ACM 7-102

Mediation

Mediation may be required by the court when a limited divorce is sought. Additionally, if custody is a disputed issue, the court may also require mediation. ACM 7-102

Alimony

Alimony may be awarded to either spouse. In making a determination as to the amount and period of alimony, the court may consider the following factors:

1. The ability of the party seeking alimony to be wholly or partly self-supporting;

2. The time necessary for the party seeking alimony to gain sufficient knowledge or training to find suitable employment;

3. The standard of living of the parties established during the marriage;

4. The duration of the marriage;

5. The contributions of each party to the well-being of the family;

6. The circumstances of the demise of the relationship;

7. The age and physical and mental condition of each party;

8. Any agreement between the parties;

9. The financial needs and resources of the parties;

10.The ability of the party from whom alimony is sought to meet that party's needs while meeting the needs of the party seeking alimony;

11. Any other relevant factor.

ACM 11-106

Distribution of property

1. The contributions, monetary and non-monetary, of each party to the family's well-being;

2. The value of each party's property interests;

3. The economic circumstances of each party;

4. The duration of the marriage;

5. The age and physical and mental condition of each party;

6. The circumstances that contributed to the estrangement of the parties;

6. Any other factor the court deems relevant and just.

ACM 8-205

(a) In a proceeding for an annulment or a limited or absolute divorce, the court may determine which property is the family home and family use personal property

(b) A preliminary or pendente lite determination is subject to modification during the pendency of the proceeding.

ACM 8-207

Child Custody

The court will determine the issue of custody based upon the best interests of the child. ACM 8-207

In exercising its jurisdiction over the custody, guardianship, visitation, or support of a child, an equity court may:

(1) direct who shall have the custody or guardianship of a child, pendente lite or permanently;

(2) determine who shall have visitation rights to a child;

(3) decide who shall be charged with the support of the child, pendente lite or permanently;

(4) from time to time, set aside or modify its decree or order concerning the child; or

Child support

Name change

Md Divorce With Without Attorney

Description

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How to fill out Maryland No-Fault Uncontested Agreed Divorce Package For Dissolution Of Marriage With Adult Children And With Or Without Property And Debts?

Divorce Package

Form popularity

FAQ

What is the quickest way to get a divorce in Maryland?

What is the new divorce law in Maryland 2023?

What is a wife entitled to in a divorce in Maryland?

Do you have to go to court for uncontested divorce in Maryland?

What is the cheapest way to get a divorce in Maryland?

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Md Divorce With Without Attorney

Description

Related forms

Related legal definitions

Viewed forms

How to fill out Maryland No-Fault Uncontested Agreed Divorce Package For Dissolution Of Marriage With Adult Children And With Or Without Property And Debts?

Divorce Package

Form popularity

FAQ

What is the quickest way to get a divorce in Maryland?

What is the new divorce law in Maryland 2023?

What is a wife entitled to in a divorce in Maryland?

Do you have to go to court for uncontested divorce in Maryland?

What is the cheapest way to get a divorce in Maryland?

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