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.
Criminal Defense Attorneys – Maryland Law Statutes
Criminal Defense Attorneys – Maryland
Criminal Defense
Maryland criminal defense lawyer
Maryland penal § 3-209. Defenses
A person charged with a crime under § 3-202, § 3-203, § 3-204, or § 3-205 of this subtitle may assert any judicially recognized defense.
Maryland penal § 3-318. Rape and spousal offense — Spousal defense
(a) In general. — Except as provided in subsections (b) and (c) of this section, a person may not be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against a victim who was the person’s legal spouse at the time of the alleged rape or sexual offense.
(b) Separation or use of force. — A person may be prosecuted under § 3-303(a), § 3-304(a)(1), or § 3-307(a)(1) of this subtitle for a crime against the person’s legal spouse if:
(1) at the time of the alleged crime the person and the person’s legal spouse have lived apart, without cohabitation and without interruption:
(i) under a written separation agreement executed by the person and the spouse; or
(ii) for at least 3 months immediately before the alleged rape or sexual offense; or
(2) the person in committing the crime uses force or threat of force and the act is without the consent of the spouse.
(c) Limited divorce. — A person may be prosecuted under § 3-303, § 3-304, § 3-307, or § 3-308 of this subtitle for a crime against the person’s legal spouse if at the time of the alleged crime the person and the spouse live apart, without cohabitation and without interruption, under a decree of limited divorce.
Maryland penal § 7-110. Defenses and presumptions
(a) Prohibited defense — Interest in property. –
(1) It is not a defense to the crime of theft that the defendant has an interest in the property that was the subject of the theft if another also has an interest in or right to possess the property that the defendant is not entitled to infringe.
(2) In determining the right of possession:
(i) a joint or common owner of the property does not have a right of possession of the property that is superior to the right of any other joint or common owner of the property; and
(ii) in the absence of a contrary agreement, a person in lawful possession of the property has a right of possession superior to the right of possession of a person who has only a security interest in the property, even if legal title to the property lies with the holder of the security interest under a conditional sale contract or other security agreement.
(b) Prohibited defense — Illegally obtained property. –
(1) It is not a defense to the crime of theft that the property was taken, obtained, or withheld from a person who had obtained the property by illegal means.
(2) It is not a defense to the crime of theft of property or services with a value of less than $ 100 as provided under § 7-104(g)(3) of this subtitle that the value of the property or services at issue is $ 100 or more.
(c) Allowed defenses. — It is a defense to the crime of theft that:
(1) the defendant acted under a good faith claim of right to the property involved;
(2) the defendant acted in the honest belief that the defendant had the right to obtain or exert control over the property as the defendant did;
(3) the property involved was that of the defendant’s spouse, unless the defendant and the defendant’s spouse were not living together as husband and wife and were living in separate residences at the time of the alleged theft; or
(4) in a case of theft of a trade secret, the defendant rightfully knew the trade secret, or the trade secret was available to the defendant from a source other than the owner.
(d) Common law and evidentiary presumptions. — Any common law and evidentiary presumption applicable on July 1, 1979 to the crimes consolidated under this part also apply to the crime of theft, unless the presumption:
(1) is repealed or modified under this part; or
(2) is modified by a court decision rendered after July 1, 1979.
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
8:00 AM – 12:00 AM Midnight
Maryland Lawyer
