MARYLAND DIVORCE AND SEPARATION LAW

INFORMATIONAL HANDBOOK FOR UMCP GRADUATE STUDENTS

SEPARATION AND DIVORCE INFORMATION

INFORMATIONAL HANDBOOK OVERVIEW OF DIVORCE IN MARYLAND
 

Divorce is the legal process for permanently terminating a marriage. In Maryland, divorces must be obtained through the court. At least one of the spouses (and sometimes both, depending on the case) will have to personally appear in court before a divorce will be granted.

The grounds for divorce are found in the Family Law Volume of the Maryland Annotated Code, Section 7-103. The ground most frequently used by students who come to GLAO is one year voluntary separation. Other grounds include two year actual separation, adultery, cruelty, and excessively vicious conduct. Finally, divorces may be sought based on a criminal conviction with at least a three year sentence and on insanity with confinement for at least three years.

The Maryland divorce statutes and related statutes (separation agreements, child custody, child support, alimony, property disposition) are found in Titles 7 through 12 of the Family Law Volume of the Annotated Code of Maryland. The Code is available at UM and local libraries or can be accessed on-line at http://mlis.state.md.us/#stat.

A divorce is initiated by one spouse filing a complaint for divorce. The complaint sets forth the grounds for divorce and may also contain requests for court orders on matters such as child custody, support, alimony, and property distribution. The spouse filing a complaint is the plaintiff. The other spouse is the defendant. The Court process must be used for all divorces, even where both parties want a divorce and there are no issues in dispute. 

When the complaint is filed, the Court will issue a summons to be served on the defendant spouse along with the Complaint. The Summons directs the defendant to file a written response (Answer) with the Court.

A case is "uncontested" where the defendant admits the grounds for divorce and agrees with all other requests in the complaint. Uncontested cases are most common when the divorce is based on voluntary separation. However, uncontested answers may be filed in divorce cases based on any ground as well. 

Uncontested cases are heard by a Domestic Relations Master in Circuit Court. Only the plaintiff and a corroborating witness must appear to give testimony to support the ground(s) for divorce. The defendant may appear if s/he wishes but ordinarily does not.

A case is "contested" where the defendant disputes the ground(s) for divorce and/or disputes other requests the plaintiff has made. The case may be contested regardless of the basis for the divorce, including a claim of voluntary separation. Both parties must appear at the hearing or trial in contested cases. The parties ordinarily benefit from having counsel represent them in contested cases.

Section 7-101 of the Family Law Code provides that if the grounds for divorce occurred outside the state, then at least one of the parties must have resided in Maryland for at least a year before the divorce complaint can be filed. The Maryland Circuit Courts are divided by county and filing will depend on where you or your spouse live.

For a list of current fees, see http://www.courts.state.md.us/circuit/feesum.pdf. Fees vary depending on the action, but in most cases the cost of a divorce action will be at least $90.00 plus a Master's fee of approximately $110.00. The Master's Fee is often paid in advance at the same time that you file your complaint."

Many couples who separate and ultimately divorce enter into written separation agreements. Separation agreements are not legally required and parties may pursue divorce without one. However, it is ordinarily advisable to have such an agreement if possible. 

Separation agreements are used both where the couples are voluntarily separating and where they are divorcing on other grounds. Separation agreements set forth the terms the parties have agreed upon related to separation and dissolution of their marriage. These may include but are not limited to the grounds upon which a divorce will be sought, division of fees for court and attorney costs, child custody and support, alimony, property distribution, and other financial considerations. Separation agreements may be entered into before, at, or after the actual separation. Separation agreements are binding contracts -- they cannot be unilaterally changed.

Some married couples may not be in a position to obtain a final divorce, but still want or need to have their separation recognized or documented by the courts. In these cases, a complaint for "limited divorce" can be filed. The grounds for a limited divorce are similar to those for a final divorce, although waiting periods may be shorter. Parties are not required to obtain a limited divorce before filing for a permanent one and, in fact, most parties do not seek limited divorces at all.

Physical or severe emotional abuse may constitute grounds for limited and final divorce (cruelty). However, a spouse may require intervention or protection that is not easily obtained by using the divorce statutes and procedures. In these cases, the procedures established in the Domestic Violence statute can be used. The statute is codified in Title 4-501 et seq. of the Family Law Volume of the Maryland Code. Domestic violence cases are heard in district rather than circuit court. The courts have developed paperwork and courtroom procedures to make it easier for parties to handle cases without an attorney.

If you need immediate assistance for domestic violence against you or your child(ren), call the police.

CRISIS PHONE NUMBERS: 

Campus Police 301-314-3555

Prince Georges County Police 301-952-2100

Prince Georges County Court Commissioner 301-699-2651
http://www.courts.state.md.us/district/directories/commissionermap.html#PRINCEGEORGES

Family Crisis Center of PG County 24 hour hotline at 301-731-1203 or 779-7100

For more on-line information:
http://www.co.pg.md.us/Government/AgencyIndex/Domestic/call.asp?h=&s=&n=40 (PG County Domestic Violence, Rape, and Abuse Programs)
http://mlis.state.md.us/cgi-win/web_statutes.exe
http://www.courts.state.md.us/domesticviolence/index.html 
http://www.courts.state.md.us/district/forms/dvpo/ccdcdvpo1br.html
http://www.courts.state.md.us/faq.html#dv
http://www.msba.org/departments/commpubl/publications/brochures/violence.htm
http://www.peoples-law.info/Home/PublicWeb/IndexPages/1370100

FREQUENTLY ASKED QUESTIONS ---- SEPARATION AND DIVORCE
 

Yes. In Maryland a divorce can only be obtained through the court. At least one of the spouses - and sometimes both - will have to appear in court. Divorce cases are heard in the Circuit Courts of Maryland, which are organized by county.

Yes, as long as all the jurisdictional requirements for filing in Maryland are met. If you are an international student and were married in your home country, you will want to find out whether a U.S. divorce will be recognized.

Separation agreements are not legally required. However, they are generally advisable. Even where the parties have voluntarily separated, there may be issues such as child custody, support, or property disposition that need to be resolved and should be put in writing. Further, the separation agreement may be important or useful as part of the evidence presented at the divorce hearing. Separation agreements can be entered into before, at, or even after the time of the actual separation. Decisions about what to include in a separation agreement should be made in consultation with our Office or another legal service provider of your choice.

GLAO can provide information, advice, and assistance to help you prepare a simple voluntary separation agreement. However we will ordinarily recommend outside counsel or mediation if you own a home, have substantial assets or debt, or where questions of custody and support are involved.

Parties are not legally required to have an attorney. However, it is not always practical or in your best interests to represent yourself. This may be particularly true where the divorce is contested, your spouse has hired an attorney, or there are important child custody, support, financial, property or related issues that remain unresolved. On the other hand, many students are able to successfully pursue less complex divorces pro se (on their own) without hiring an outside attorney to represent them.

Over the years we have worked with many students who file for and obtain pro se divorces. These cases ordinarily involve voluntary separation and no serious issues in contention. For more information, see our "How We Can Help" Fact Sheet.

By contract, the Graduate Student Legal Aid attorney cannot sign her name to court documents or appear with you in court. We will assist in trying to find a program or attorney you can afford if legal representation is necessary. However, be aware that many students find themselves "in between" when it comes to hiring an attorney. Most students make too much money to qualify for free legal services through programs aimed at assisting the poor and working poor. At the same time, these students may not be able to afford the market rates of domestic relations attorneys. Unlike criminal cases, there is no legal right to a state paid attorney for divorce.

Maryland law requires a witness to corroborate the testimony of the plaintiff. There are no exceptions provided. See Sections 7-101(b) of the Family Law Code.

As long as the jurisdictional requirements for filing in Maryland are met, you can pursue a Maryland divorce regardless of where your spouse lives. You will still be required to have your spouse served with the complaint and summons. 

If you are unable to obtain personal service or do not know how to locate your spouse, you should still be able to obtain a divorce. You will have to establish to the court's satisfaction that you made good faith and diligent efforts to find and serve your spouse. GLAO can assist you with the necessary procedures in these cases and answer any questions you may have.

If your spouse was properly served but does not respond, you can still pursue a divorce. You will have to file additional paperwork to establish that you are entitled to a "default" hearing. Default hearings follow the same format as hearings for uncontested divorces. Our Office can assist you with the procedural requirements and answer any questions you may have.

The substantive law of divorce is uniform throughout the state. However, specific procedures may vary from one Circuit Court to another. For example, in some counties the court automatically sets a case on the "uncontested" docket after receiving an uncontested answer from the defendant. In other counties, the plaintiff may be required to file additional paperwork before the case will be set.

A change of name can be taken care of as part of the divorce without any additional fees. Petitions for change of name can also be filed independently of the divorce (i.e. either before the divorce complaint itself is filed or after the divorce is granted). In these situations, you will be required to pay filing and related fees of several hundred dollars. GLAO can assist you in preparing all of the necessary paperwork for change of name if you are doing a separate petition. Many individuals begin using their birth names again before any court orders are issued. For more information on this topic, please feel free to consult with us.

HOW GRADUATE STUDENT LEGAL AID CAN HELP YOU WITH FAMILY LAW ISSUES, INCLUDING SEPARATION AND DIVORCE

GLAO has worked with many students over the years in the area of separation, divorce, and other family law issues. Close to 10% of our overall caseload involves domestic relations laws and issues. While we cannot represent students in court, we have a strong and active domestic relations practice. 

WE CAN HELP IF...

The information provided above is very brief and basic.  For more in-depth information on any of these topics, please visit: 

http://www.peoples-law.info/Home/PublicWeb/IndexPages/1390000