DIVORCE ATTORNEY SHAVINA MUKESH: MARYLAND DIVORCE LAW, PART 2

Part 2 of Attorney Shavina Mukesh's "Maryland Divorce Law" is sponsored by the law offices of Charles Jerome Ware, P.A., Attorneys and Counsellors, a national general practice law firm [WWW.CHARLESJEROMEWARE.COM].

"Contested" versus "Uncontested" Divorce

A divorce can be uncontested or contested. In an uncontested divorce the parties are not blaming each other for this separation. In fact, the parties agree on the terms of the divorce. The ground for divorce is usually "twelve month separation". The pleadings emphasize that "irreconciable differences have arisen and there is no hope for reconciliation. The terms of such a divorce are finalized in a written Separation Agreement.

A contested divorce is one in which the parties cannot agree on the terms or the grounds for divorce.

In order to file for a divorce in Maryland, at least one of the parties must reside in Maryland or the grounds must have occurred in Maryland. During a divorce proceeding the following claims may also be settled: Property distribution, child custody, spousal support/alimony and restoration of name.

ABSOLUTE DIVORCE

The court may decree on Absolute Divorce on the grounds of:

1) Adultery

2) Desertion

3) Voluntary Separation

4) Conviction of a felony or misdemeanor

5) Two year separation

6) Insanity

7) Cruelty of Treatment

8) Excessively vicious conduct

Parties may use more than one ground in petitioning the court for a divorce - that is - if they are eligible to do so.

Part 3 of this blog will be forth coming on the topic of ADULTERY IN MARYLAND.

[see: Title 7, Family Law, Maryland Code 2010; Title 7, Section 7-103, Family Law, Marland Code 2010; How To Do Your Own Divorce In Maryland, by Richard S. Grant (2011); Maryland Family Law, by John F. Fader II and Richard J. Gilbert (1990); Legal Rights in Marriage & Divorce in Maryland, 3rd Edition, The Women's Law Center of Maryland, Inc. (2008)]