Spousal Support Form For Parents In Maryland
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In Maryland, it is not necessary for both spouses to agree to get a divorce. In truth, either spouse can file a Complaint for Absolute Divorce, even if the other spouse wants to remain in the marriage or try to save it.
If your spouse doesn't file a response within 30 days of being served, you can ask the court for a default. This means asking the court to decide the case without your spouse's input. In a divorce by default, the court will make decisions based on the information you file and what the law says.
Default Judgment This means the court will proceed with the divorce proceedings without your spouse's active participation. It's important to note that obtaining a default judgment requires strict adherence to legal procedures.
Default Divorce Options Under Maryland law, your spouse has 30 days to file a response to your Complaint, or 60 days if they live out of state. If your spouse misses that deadline, your attorney may file a request for Order of Default and send them a notice with the hearing date.
If due diligence fails and the spouse successfully avoids the attempts to serve the papers, the process moves into a default divorce process. In this case, the respondent has essentially given up their rights to negotiate the separation of marital assets and any issues of child custody and support orders.
Calculating alimony in Maryland involves a detailed examination of each spouse's financial circumstances, the standard of living established during the marriage, and the contributions made by each spouse. With the right legal guidance, you can approach this challenging aspect of divorce with confidence and clarity.
Factors Considered by the Court The court will consider the ability of the spouse seeking alimony to be self-supporting, and the time they may need to become self-supporting. The court will consider the age and health of each spouse, the length of the marriage, and the reasons the marriage ended.
Maryland is a "equitable property" state. The "marital" property, consisting of any other property acquired by either spouse during the marriage, will be divided equally, unless the court finds that equal division would be unjust.
Alimony in Maryland is authorized in limited situations and is not the broad remedy that it is in other states. Alimony in Maryland is either "rehabilitative" or "indefinite" . Rehabilitative alimony is intended to be a short-term measure which enables a spouse to get back on his or her feet.
The receipt of your share of the joint property, however, may disqualify you from receiving anything. For instance, if you and your spouse receive an equal share of the real property funds, the court is unlikely to grant you alimony.
