If you divorce after ten years or more of marriage, either spouse can claim benefits based on the earnings of the other. These spousal benefits are generally half of the employee's benefits. In order for you to qualify, your former spouse must be at least 62 years of age.
There is no such thing as a “legal separation” in Maryland. If you and your spouse live separate and apart with the intention of ending your marriage, that constitutes a separation. You can still live under the same roof but must pursue separate lives.
A confidentiality clause can limit your ability to discuss the settlement publicly or share your experience in the future, such as in interviews, books, or media, so it's important to consider how this might affect your personal or professional life.
There are three grounds for divorce: Mutual consent - You and your spouse can agree to divorce and sign a written agreement (called a marital settlement agreement) that resolves all issues related to alimony, marital property, and the care, custody, and support of any minor or dependent children.
Finally, the agreement must be in writing and signed by both spouses. It must also be notarized or witnessed by a disinterested third party. If you are interested in creating a marriage settlement agreement in Pennsylvania, you can use a PA marriage settlement agreement form to get started.
If there are surviving issues, the surviving spouse can claim one-third of the net estate. The elective share is calculated after deducting debts, expenses, and allowances, but before estate or inheritance taxes. In Maryland, a surviving spouse has a limited time to claim their elective share.
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.
In Maryland, separation agreements must be written, signed, and notarized to be deemed enforceable. Resolving all of your marital issues in the separation agreement itself could make the divorce process less contentious and may even decrease your overall costs.
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.
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.