Thursday, January 30, 2014

MARYLAND FINANCIAL DIVORCE SETTLEMENTS 101 ( FUNDAMENTAL TIPS for Beginners)

www.charlesjeromeware.com. For an initial courtesy consultation, contact us at (410) 730-5016 or (4100 730-5016.

1. If the grounds for divorce occurred within Maryland state, the divorce may be filed in the county where either party resides.
2. If the grounds for the divorce occurred outside of Maryland state, a person must be a resident of Maryland for at least one year before they can file for a divorce in Maryland [Maryland Code, Family Law, Section 7-101].
3. A divorce in Maryland may be granted on the following grounds:
    - Adultery.
    - Desertion for at least one year before filing.
    - Voluntary separation for at least one year before filing.
    - Conviction of a felony, when the defendant has been sentenced to at least 3 years in a penal insti-
       tution, and has served  at least one year of the conviction.
    - Living separate and apart for at least two years.
    - Insanity.
    - Cruelty or domestic violence against the petitioner or a minor child of the complaining partner.
       [ Maryland Code, Family Law Section 7-103]
4. A husband and wife may reach an enforcement agreement(contract) relating to alimony, support, property rights, or personal rights [Maryland Code, Family Law, Section 8-101]. This agreement/contract is frequently referred to as a legal separation.
5. Maryland is an equitable distribution state , which means that if the spouses cannot reach an agreement, the court will divide the marital in an equitable, but not necessarily equal, manner.
6. When determining the division of the marital estate, the court may take the following factors into consideration:
       - The contributions of each party to the marital estate, both monetary and non-monetary.
       - The value of all property of each party.
       - The economic circumstances of each party.
       - Misconduct that led to the estrangement of the parties.
       - The duration of the marriage.
       - The age and physical or mental condition of each of the parties.
       - How  the  marital property was acquired.
       - The amount of alimony awarded.
       - Any other factors that the court deems relevant.
       [ Maryland Code, Family Law, Section 8-205]
7. Child support in Maryland is governed by the Maryland Child Support Guidelines.
    [ Maryland Code, Family Law, Sections 12-202 and 12-204]

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