Maryland Divorce Lawyers Law Statutes
Maryland divorce lawyers
Maryland Penal § 1-203. Special provisions of alimony, annulment, and divorce
(a) Injunctive power of court. — In an action for alimony, annulment, or divorce, an equity court:
(1) has all the powers of a court of equity; and
(2) may issue an injunction to protect any party to the action from physical harm or harassment.
(b) Lis pendens. — Unless the court expressly provides otherwise, the filing of an action for an annulment, a limited divorce, or an absolute divorce does not constitute lis pendens with respect to any property of a party.
(c) Oral testimony required for final decree. — In an action for alimony, annulment, or divorce, a final decree may not be entered except on oral testimony by the plaintiff in a hearing before an examiner or a master or in open court.
(d) Scope of alimony hearing and determination. — An equity court shall hear and determine a case for alimony in as full and ample a manner as a case for alimony could be heard and determined by the Ecclesiastical Courts of England.
Maryland Penal § 7-102. Limited divorce
(a) Grounds for limited divorce. — The court may decree a limited divorce on the following grounds:
(1) cruelty of treatment of the complaining party or of a minor child of the complaining party;
(2) excessively vicious conduct to the complaining party or to a minor child of the complaining party;
(3) desertion; or
(4) voluntary separation, if:
(i) the parties are living separate and apart without cohabitation; and
(ii) there is no reasonable expectation of reconciliation.
(b) Attempts at reconciliation. — As a condition precedent to granting a decree of limited divorce, the court may:
(1) require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and
(2) assess the costs of any efforts to achieve reconciliation that the court prescribes.
(c) Time during which decree is effective. — The court may decree a divorce under this section for a limited time or for an indefinite time.
(d) Revocation of decree. — The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties.
(e) Decree of limited divorce on prayer for absolute divorce. — If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.
Maryland Penal § 7-103. Absolute divorce
(a) Grounds for absolute divorce. — The court may decree an absolute divorce on the following grounds:
(1) adultery;
(2) desertion, if:
(i) the desertion has continued for 12 months without interruption before the filing of the application for divorce;
(ii) the desertion is deliberate and final; and
(iii) there is no reasonable expectation of reconciliation;
(3) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has:
(i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and
(ii) served 12 months of the sentence;
(4) 12-month separation, when the parties have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce;
(5) insanity if:
(i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce;
(ii) the court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and
(iii) 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;
(6) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or
(7) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.
(b) Recrimination. — Recrimination is not a bar to either party obtaining an absolute divorce on the grounds set forth in subsection (a)(1) through (7) of this section, but is a factor to be considered by the court in a case involving the ground of adultery.
(c) Res judicata. — Res judicata with respect to another ground under this section is not a bar to either party obtaining an absolute divorce on the ground of 12-month separation.
(d) Condonation. — Condonation is not an absolute bar to a decree of an absolute divorce on the ground of adultery, but is a factor to be considered by the court in determining whether the divorce should be decreed.
(e) Effect of limited divorce on application for absolute divorce. –
(1) A court may decree an absolute divorce even if a party has obtained a limited divorce.
(2) If a party obtained a limited divorce on the ground of desertion that at the time of the decree did not meet the requirements of subsection (a)(2) of this section, the party may obtain an absolute divorce on the ground of desertion when the desertion meets the requirements of subsection (a)(2) of this section.
Family Law in Maryland Law Statutes
Family Law
Maryland divorce lawyers
Maryland Penal § 1-203. Special provisions of alimony, annulment, and divorce
(a) Injunctive power of court. — In an action for alimony, annulment, or divorce, an equity court:
(1) has all the powers of a court of equity; and
(2) may issue an injunction to protect any party to the action from physical harm or harassment.
(b) Lis pendens. — Unless the court expressly provides otherwise, the filing of an action for an annulment, a limited divorce, or an absolute divorce does not constitute lis pendens with respect to any property of a party.
(c) Oral testimony required for final decree. — In an action for alimony, annulment, or divorce, a final decree may not be entered except on oral testimony by the plaintiff in a hearing before an examiner or a master or in open court.
(d) Scope of alimony hearing and determination. — An equity court shall hear and determine a case for alimony in as full and ample a manner as a case for alimony could be heard and determined by the Ecclesiastical Courts of England.
Maryland Penal § 7-102. Limited divorce
(a) Grounds for limited divorce. — The court may decree a limited divorce on the following grounds:
(1) cruelty of treatment of the complaining party or of a minor child of the complaining party;
(2) excessively vicious conduct to the complaining party or to a minor child of the complaining party;
(3) desertion; or
(4) voluntary separation, if:
(i) the parties are living separate and apart without cohabitation; and
(ii) there is no reasonable expectation of reconciliation.
(b) Attempts at reconciliation. — As a condition precedent to granting a decree of limited divorce, the court may:
(1) require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and
(2) assess the costs of any efforts to achieve reconciliation that the court prescribes.
(c) Time during which decree is effective. — The court may decree a divorce under this section for a limited time or for an indefinite time.
(d) Revocation of decree. — The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties.
(e) Decree of limited divorce on prayer for absolute divorce. — If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.
Maryland Penal § 7-103. Absolute divorce
(a) Grounds for absolute divorce. — The court may decree an absolute divorce on the following grounds:
(1) adultery;
(2) desertion, if:
(i) the desertion has continued for 12 months without interruption before the filing of the application for divorce;
(ii) the desertion is deliberate and final; and
(iii) there is no reasonable expectation of reconciliation;
(3) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has:
(i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and
(ii) served 12 months of the sentence;
(4) 12-month separation, when the parties have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce;
(5) insanity if:
(i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce;
(ii) the court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and
(iii) 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;
(6) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or
(7) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.
(b) Recrimination. — Recrimination is not a bar to either party obtaining an absolute divorce on the grounds set forth in subsection (a)(1) through (7) of this section, but is a factor to be considered by the court in a case involving the ground of adultery.
(c) Res judicata. — Res judicata with respect to another ground under this section is not a bar to either party obtaining an absolute divorce on the ground of 12-month separation.
(d) Condonation. — Condonation is not an absolute bar to a decree of an absolute divorce on the ground of adultery, but is a factor to be considered by the court in determining whether the divorce should be decreed.
(e) Effect of limited divorce on application for absolute divorce. –
(1) A court may decree an absolute divorce even if a party has obtained a limited divorce.
(2) If a party obtained a limited divorce on the ground of desertion that at the time of the decree did not meet the requirements of subsection (a)(2) of this section, the party may obtain an absolute divorce on the ground of desertion when the desertion meets the requirements of subsection (a)(2) of this section.
Property & Asset Distribution in Maryland Law Statutes
Property & Asset Distribution in Maryland
Equitable Distribution
Property & Asset Distribution
Maryland divorce lawyers
MaryLand Penal § 8-202. Ownership of personal and real property
(a) Determination of ownership. –
(1) When the court grants an annulment or a limited or absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of personal property.
(2) When the court grants an annulment or an absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of real property.
(3) Except as provided in § 8-205 of this subtitle, the court may not transfer the ownership of personal or real property from 1 party to the other.
(b) Decree and order. — When the court determines the ownership of personal or real property, the court may:
(1) grant a decree that states what the ownership interest of each party is; and
(2) as to any property owned by both of the parties, order a partition or a sale instead of partition and a division of the proceeds.
MaryLand Penal § 8-203. Marital property — Determination
(a) Time of court action. — In a proceeding for an annulment or an absolute divorce, if there is a dispute as to whether certain property is marital property, the court shall determine which property is marital property:
(1) when the court grants an annulment or an absolute divorce;
(2) within 90 days after the court grants an annulment or divorce, if the court expressly reserves in the annulment or divorce decree the power to make the determination; or
(3) after the 90-day period if:
(i) the court expressly reserves in the annulment or divorce decree the power to make the determination;
(ii) during the 90-day period, the court extends the time for making the determination; and
(iii) the parties consent to the extension.
(b) Consideration of military pension. — In this subtitle, a military pension shall be considered in the same manner as any other pension or retirement benefit.
(c) Exclusion of family home and family use personal property. — Repealed.
MaryLand Penal § 8-204. Marital property — Valuation
(a) Determination by court. — Except as provided in subsection (b) of this section, the court shall determine the value of all marital property.
(b) Retirement benefits. –
(1) The court need not determine the value of a pension, retirement, profit sharing, or deferred compensation plan, unless a party has given notice in accordance with paragraph (2) of this subsection that the party objects to a distribution of retirement benefits on an “if, as, and when” basis.
(2) If a party objects to the distribution of retirement benefits on an “if, as, and when” basis and intends to present evidence of the value of the benefits, the party shall give written notice at least 60 days before the date the joint statement of the parties concerning marital and nonmarital property is required to be filed under the Maryland Rules. If notice is not given in accordance with this paragraph, any objection to a distribution on an “if, as, and when” basis shall be deemed to be waived unless good cause is shown.
MaryLand Penal § 8-205. Marital property — Award
(a) Grant of award. –
(1) Subject to the provisions of subsection (b) of this section, after the court determines which property is marital property, and the value of the marital property, the court may transfer ownership of an interest in property described in paragraph (2) of this subsection, grant a monetary award, or both, as an adjustment of the equities and rights of the parties concerning marital property, whether or not alimony is awarded.
(2) The court may transfer ownership of an interest in:
(i) a pension, retirement, profit sharing, or deferred compensation plan, from one party to either or both parties;
(ii) subject to the consent of any lienholders, family use personal property, from one or both parties to either or both parties; and
(iii) subject to the terms of any lien, real property jointly owned by the parties and used as the principal residence of the parties when they lived together, by:
1. ordering the transfer of ownership of the real property or any interest of one of the parties in the real property to the other party if the party to whom the real property is transferred obtains the release of the other party from any lien against the real property;
2. authorizing one party to purchase the interest of the other party in the real property, in accordance with the terms and conditions ordered by the court; or
3. both.
(b) Factors in determining amount and method of payment or terms of transfer. — The court shall determine the amount and the method of payment of a monetary award, or the terms of the transfer of the interest in property described in subsection (a)(2) of this section, or both, after considering each of the following factors:
(1) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(2) the value of all property interests of each party;
(3) the economic circumstances of each party at the time the award is to be made;
(4) the circumstances that contributed to the estrangement of the parties;
(5) the duration of the marriage;
(6) the age of each party;
(7) the physical and mental condition of each party;
(8) how and when specific marital property or interest in property described in subsection (a)(2) of this section, was acquired, including the effort expended by each party in accumulating the marital property or the interest in property described in subsection (a)(2) of this section, or both;
(9) the contribution by either party of property described in § 8-201(e)(3) of this subtitle to the acquisition of real property held by the parties as tenants by the entirety;
(10) any award of alimony and any award or other provision that the court has made with respect to family use personal property or the family home; and
(11) any other factor that the court considers necessary or appropriate to consider in order to arrive at a fair and equitable monetary award or transfer of an interest in property described in subsection (a)(2) of this section, or both.
(c) Award reduced to judgment. — The court may reduce to a judgment any monetary award made under this section, to the extent that any part of the award is due and owing.
MaryLand Penal § 8-206. Family home; family use personal property — Legislative policy
The court shall exercise its powers under §§ 8-207 through 8-213 of this subtitle:
(1) to enable any child of the family to continue to live in the environment and community that are familiar to the child; and
(2) to provide for the continued occupancy of the family home and possession and use of family use personal property by a party with custody of a child who has a need to live in that home.
MaryLand Penal § 8-207. Family home; family use personal property — Determination; order or decree; property not included
(a) Determination. — 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:
(1) before the court grants an annulment or a limited or absolute divorce; or
(2) when the court grants an annulment or a limited or absolute divorce.
(b) Modification. — A preliminary or pendente lite determination is subject to modification during the pendency of the proceeding.
(c) Certain property to be treated as marital property. — 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.
MaryLand Penal § 8-208. Family home; family use personal property — Award of possession and use; standards; order or decree; allocation of financial responsibilities
(a) Award of possession and use. –
(1) When the court grants an annulment or a limited or absolute divorce, regardless of how the family home or family use personal property is titled, owned, or leased, the court may:
(i) decide that 1 of the parties shall have the sole possession and use of that property; or
(ii) divide the possession and use of the property between the parties.
(2) The court may exercise these powers pendente lite.
(b) Required considerations. — In awarding the possession and use of the family home and family use personal property, the court shall consider each of the following factors:
(1) the best interests of any child;
(2) the interest of each party in continuing:
(i) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it as a dwelling place; or
(ii) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it for the production of income; and
(3) any hardship imposed on the party whose interest in the family home or family use personal property is infringed on by an order issued under §§ 8-207 through 8-213 of this subtitle.
(c) Allocation of financial responsibilities. — The court may order or decree that either or both of the parties pay all or any part of:
(1) any mortgage payments or rent;
(2) any indebtedness that is related to the property;
(3) the cost of maintenance, insurance, assessments, and taxes; or
(4) any similar expenses in connection with the property.
(d) Effect of award of sole possession and use. — An order giving a party the sole possession and use of the family home under subsection (a) of this section does not affect the right of the other party to claim the family home as that party’s principal residence for tax purposes.
MaryLand Penal § 8-209. Family home; family use personal property — Power of court over order or decree
In a temporary or final order or decree, each provision that concerns the family home or family use personal property is subject, as the circumstances and justice may require, to:
(1) the terms and conditions that the court sets;
(2) the time limits that the court sets, subject to § 8-210 of this subtitle; and
(3) modification or dissolution by the court.
MaryLand Penal § 8-210. Family home; family use personal property — Termination of order or decree
(a) Time limitation. –
(1) In any order or decree, or any modification of an order or decree, a provision that concerns the family home or family use personal property shall terminate no later than 3 years after the date on which the court grants an annulment or a limited or absolute divorce.
(2) The 3-year limitation set out in paragraph (1) of this subsection applies to a limited divorce notwithstanding the subsequent granting of an absolute divorce.
(b) Remarriage of party with possession or use of property. — Subject to the provisions of subsection (a) of this section, in any order or decree, or any modification of an order or decree, a provision that concerns the family home or family use personal property shall terminate when the party with the possession or use of the property remarries.
(c) Treatment of property. — When a provision that concerns the family home or family use personal property terminates, the court shall treat the property as marital property if the property qualifies as marital property, and adjust the equities and rights of the parties concerning the property as set out in § 8-205 of this subtitle.
MaryLand Penal § 8-211. Family home; family use personal property — Not evidence of constructive desertion
An order, award, or decree under §§ 8-207 through 8-209 of this subtitle may not be considered as evidence of constructive desertion.
Maryland Family Law Divorce Attorneys Lawyers
Family Lawyer in Maryland
In Maryland, there are two types of divorces. An absolute divorce and a limited divorce.
An absolute divorce in Maryland (a.k.a “divorce a vinculo matrimonii“) is the termination of a marriage based on misconduct during the marriage or other statutory factors arising during the marriage. The outcome of an absolute divorce in Maryland is that both parties resume single status.
Maryland also allows a limited divorce (a.k.a “divorce a mensa et thoro“). Generally a Maryland limited divorce is commonly referred to as a divorce from bed and board; the right of cohabitation is terminated but the marriage is undissolved and the status of the parties is not altered.
In Maryland, an uncontested divorce is fairly common.
The Maryland divorce laws are complex. It is very important to find a family law attorney in Maryland who is highly competent & knowledgeable about the divorce laws in Maryland. A family law attorney who is not knowledgeable about the divorce laws of Maryland can result in disastrous consequences for the client.
The Maryland family law attorneys of the SRIS Law Group, P.C. are here to help you with your Maryland divorce & family law matters.
Law Firm of SRIS PC
SRIS PC has two law offices in Maryland.
In Maryland, our offices are in Rockville & Baltimore.
Our Maryland domestic relations attorneys understand that due to the stress of a divorce, you need a Maryland family law lawyer who is going to be available to respond to you quickly.
At the Law Offices of SRIS, P.C., our Maryland divorce attorneys do their very best to return all calls within eight (8) hours.
If you need to speak with a Maryland divorce lawyer or Northern Maryland family law lawyer, then the family law attorneys at the SRIS Law Group, PC are the experienced attorneys you’ll want.
Our Maryland family law attorneys recognize a client may be too busy to make a call, but are able to send an email from their computer or PDA.
Our Maryland family law attorneys regularly check their emails and respond to our clients queries via email. The Maryland family law attorneys in our firm are diligent in their efforts to communicate promptly with our clients and are proud of our dedication to our Maryland family law clients especially when the advice of a family law lawyer in Maryland, is needed or required.
Our Maryland divorce lawyers have an extensive amount of experience in resolving Maryland divorce and family law issues concerning child custody law, spousal support law, and asset distribution for clients.
Our Maryland family law attorneys are careful to consider all of your family law concerns and provide thoughtful, prudent guidance through all of your Maryland family law & divorce law issues. If you wish to consult a SRIS, P.C. Maryland family law attorney, call our office or contact us on line.
Our divorce lawyers & family law attorneys and staff in Maryland speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
Our Maryland Family Lawyers helping your family cases in the following jurisdictions:
Montgomery County, Prince Georges County, Baltimore County, Baltimore City, Anne Arundel County, Howard County, Harford County, Frederick County, Carroll County, Baltimore Federal Court, Greenbelt Federal Court, Eastern Shore.
Maryland Absolute Divorce Awarding Husband Property Jointly Divorce Lawyers Attorneys
In an absolute divorce action, the portion of a judgment awarding the husband property held jointly with the wife was improper because no decree of absolute or limited divorce had been previously granted.
Going through a divorce is one of the most stressful experiences you will go through in your entire life.
The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a divorce.
If you are in the unfortunate position of having to file for a divorce in Maryland or you have been served with a divorce complaint in Maryland, you need the help of an experienced divorce lawyer in Maryland.
The SRIS Law Group Maryland Uncontested Divorce have a thorough understanding of the divorce laws in Maryland and how the Maryland divorce laws may apply to your case.
Our Maryland divorce attorneys have helped many clients who are going through a divorce in Maryland.
If you need help with a Maryland divorce, contact us for help at 888-437-7747.
We have offices in Baltimore & Montgomery County
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