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In most cases, if you reside in Maryland, laws will govern the steps necessary to obtain a divorce, even if you were married in another state. Once a Marital Separation Agreement has been reached, a Maryland divorce usually takes 30 to 120 days to become final.
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 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.
There is no such thing as a ?legal separation? in Maryland. If you and your spouse live separate lives for at least six months, you can file for divorce based on the ground (legal reason) of a ?6-month separation.?
As a basis for voluntary separation, the parties may draft a separation agreement that includes a statement of their mutual desire to separate. Maryland law does not require a written separation agreement in order to divorce. Nor is there anything called a legal separation in Maryland.
Maryland is a fault-based state, and adultery is one of the legal grounds for divorce. However, judges do not typically give a lot of weight to adultery because it can be difficult to prove and often involves hearsay. Only adultery that is proven may impact divorce litigation.
Once a Marital Separation Agreement has been reached, a Maryland divorce usually takes 30 to 120 days to become final. However, the length of time can vary depending on the specific court, caseload, and availability of judges.
6-Month Separation ? You and your spouse have lived separate and apart, without interruption, for at least six months before filing a complaint for absolute divorce. You can still live under the same roof but must pursue separate lives. The separation can also be based on a court order, such as a protective order.