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Grounds for Divorce in Maryland:
In Maryland you can be granted a Limited Divorce and/or an
Absolute Divorce. A Limited Divorce is used to obtain the
temporary relief sometimes needed immediately after
separation. For example your spouse has left the home and is
not paying toward rent, food, alimony, child support, etc.,
and you need money now. You can file for a limited divorce
and you do not have to wait for the normal one year
separation. You can file immediately. An Absolute divorce
in Maryland requires that you stay separate and aprt from
your spouse for one year before you can file the complaint
for absolute divorce. The only exceptions are if your spouse
is committing adultery or treating you with excessively
vicious conduct. The absolute divorce is the final divorce
and addresses all the issues of the marriage, including,
custody, visitation, child support, use and possession,
alimony, equitable distribution of marital property and
counsel fees.
The grounds which are available for a Limited Divorce are:
Desertion;
your spouse left the marital home with the intention of
ending the marriage.
Constructive Desertion;
you left the marital home because your spouse made it
impossible for you to continue living in the home with your
health happiness and self respect intact. NEW development in
Maryland Divorce law now allow you to stay in the home and
still seek a limited divorce. The case is called
Ricketts v Ricketts.
You must prove that you and your spouse have lived in
separate bedrooms and not engaged in a marital relationship.
Voluntary Separation:
you and your spouse agreed it was time to end the marriage
and your spouse left the marital home.
The grounds available for an Absolute Divorce are:
Adultery;
is defined as sexual intercourse with some one from the
opposite sex that is not your spouse. It is proven by
evidence of propensity to commit adultery and opportunity. A
person who commits adultery can not be compelling to testify
against themselves for any act occurring with in one year.
Adultery can be proven my admission of the adulterous party
only under circumstances where the case is hotly contested
and there are no indications of collusion.
Desertion;
your spouse left the marital home with the intention of
ending the marriage and you and your spouse have remained
separate and apart for one year and there is no hope you
will ever get back together again.
Constructive Desertion:
you left the marital home because your spouse made it
impossible for you to continue living in the home with your
health happiness and self respect intact. And you and your
spouse have remained separate and apart for one year and
there is no hope you will ever get back together again.
Excessively Vicious Conduct.
Voluntary Separation;
you and your spouse agreed it was time to end the marriage
and your spouse left the marital home. And you and your
spouse have remained separate and apart for one year and
there is no hope you will ever get back together again.
Conviction of a Felony;
Two Year Separation;
Insanity;
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