Maryland divorce statutes § 7-102. Grounds for
limited divorce.
(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 divorce statutes § 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)
voluntary separation, if:
(i) the parties voluntarily have lived separate and apart without cohabitation for 12 months without
interruption before the filing of the application for divorce; and
(ii) there is no reasonable expectation of reconciliation;
(4) conviction of a felony or misdemeanor
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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;
(5) 2-year separation, when
the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the
application for divorce;
(6) 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;
(7) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is
no reasonable expectation of reconciliation; or
(8) 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 (8) 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 2-year 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.
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Maryland divorce statutes § Child support
12-202. Use of guidelines; modification of orders; review.
(a) Use required; presumptions; departure from guidelines.-
(1) Subject to the provisions of paragraph
(2) of this subsection,
in any proceeding to establish or modify child support, whether pendente lite or permanent, the court shall use the child
support guidelines set forth in this subtitle.
(2) (i) There is a rebuttable presumption that the amount of child support
which would result from the application of the child support guidelines set forth in this subtitle is the correct amount
of child support to be awarded.
(ii) The presumption may be rebutted by evidence that the application of the guidelines would
be unjust or inappropriate in a particular case.
(iii) In determining whether the application of the guidelines would be
unjust or inappropriate in a particular case, the court may consider:
1. the terms of any existing separation or property
settlement agreement or court order, including any provisions for payment of mortgages or marital debts, payment of college
education expenses, the terms of any use and possession order or right to occupy the family home under an agreement, any
direct payments made for the benefit of the children required by agreement or order, or any other financial considerations
set out in an existing separation or property settlement agreement or court order; and
2. the presence in the household of
either parent of other children to whom that parent owes a duty of support and the expenses for whom that parent is directly
contributing.
(iv) The presumption may not be rebutted solely on the basis of evidence of the presence in the household of
either parent of other children to whom that parent owes a duty of support and the expenses for whom that parent is directly
contributing.
(v) 1. If the court determines that the application of the guidelines would be unjust or inappropriate in a
particular case, the court shall make a written finding or specific finding on the record stating the reasons for departing
from the guidelines.
2. The court's finding shall state:
A. the amount of child support that would have been required under
the guidelines;
B. how the order varies from the guidelines;
C. how the finding serves the best interests of the child; and
D. in cases in which items of value are conveyed instead of a portion of the support presumed under the guidelines, the estimated
value of the items conveyed.
(b) Modification of orders.-
(1) Subject to the provisions of paragraph
2 of this subsection,
the adoption or revision of the guidelines set forth in this subtitle may be grounds for requesting a modification of a child
support award based on a material change in circumstances.
(2) The adoption or revision of the guidelines set forth in this
subtitle may not be grounds for requesting a Article. |
modification of a child support award based on a material change
in circumstances unless the use of the guidelines would result in a change in the award of 25% or more.
(c) Review of guidelines.-
On or before January 1, 1993, and at least every 4 years after that date, the Child Support Enforcement Administration of
the Department of Human Resources shall:
(1) review the guidelines set forth in this subtitle to ensure that the application
of the guidelines results in the determination of appropriate child support award amounts; and
(2) report its findings and
recommendations to the General Assembly, subject to § 2-1246 of the State Government
Maryland divorce statutes § 12-204. Determination of child support obligation.
(a) Schedule to be used; division among parents; maintenance and alimony awards.-
(1) The basic child support obligation
shall be determined in accordance with the schedule of basic child support obligations in subsection
(e) of this section.
The basic child support obligation shall be divided between the parents in proportion to their adjusted actual incomes.
(2)
(i) If one or both parents have made a request for alimony or maintenance in the proceeding in which a child support award
is sought, the court shall decide the issue and amount of alimony or maintenance before determining the child support obligation
under these guidelines.
(ii) If the court awards alimony or maintenance, the amount of alimony or maintenance awarded shall
be considered actual income for the recipient of the alimony or maintenance and shall be subtracted from the income of the
payor of the alimony or maintenance under § 12-201(c)(2) of this subtitle before the court determines the amount of
a child support award.
(b) Voluntarily impoverished parent.-
(1) Except as provided in paragraph
(2) of this subsection,
if a parent is voluntarily impoverished, child support may be calculated based on a determination of potential income. (2)
A determination of potential income may not be made for a parent who:
(i) is unable to work because of a physical or mental
disability; or
(ii) is caring for a child under the age of 2 years for whom the parents are jointly and severally responsible.
(c) Income between amounts in schedule.- If a combined adjusted actual income amount falls between amounts shown in the schedule,
the basic child support amount shall be extrapolated to the next higher amount.
(d) Income above schedule levels.- If the
combined adjusted actual income exceeds the highest level specified in the schedule in subsection
(e) of this section, the
court may use its discretion in setting the amount of child support. (e) Basic child support obligation.- Schedule of basic
child support obligations:
Schedule
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Maryland divorce statutes § 11-106. Award -
Determination of amount and duration. Alimony
(a) Court to make determination.-
(1) The court shall determine the amount of and the period for an award of alimony.
(2) The court may award alimony for a period beginning from the filing of the pleading that requests alimony.
(3) At the
conclusion of the period of the award of alimony, no further alimony shall accrue.
(b) Required considerations.- In making
the determination, the court shall consider all the factors necessary for a fair and equitable award, including:
(1) the
ability of the party seeking alimony to be wholly or partly self-supporting;
(2) the time necessary for the party seeking
alimony to gain sufficient education or training to enable that party to find suitable employment;
(3) the standard of living
that the parties established during their marriage;
(4) the duration of the marriage;
(5) the contributions, monetary and
non monetary, of each party to the well-being of the family;
(6) the circumstances that contributed to the estrangement of
the parties;
(7) the age of each party;
(8) the physical and mental condition of each party;
(9) the ability of the party
from whom alimony is sought to meet that party's needs while meeting the needs of the party seeking alimony;
(10) any agreement
between the parties;
(11) the financial needs and financial resources of each party, including:
(i) all income and assets,
including property that does not produce income;
(ii) any award made under §§ 8-205 and 8-208 of this article;
(iii) the nature and amount of the financial obligations of each party; and
(iv) the right of each party to receive retirement
benefits; and
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(12) whether the award would cause a spouse who is a resident
of a related institution as defined in § 19-301 of the Health - General Article and from whom alimony is sought to become
eligible for medical assistance earlier than would otherwise occur.
(c) Award for indefinite period.- The court may award
alimony for an indefinite period, if the court finds that:
(1) due to age, illness, infirmity, or disability, the party seeking alimony
cannot reasonably be expected to make substantial progress toward becoming self-supporting; or
(2) even after the party seeking
alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards
of living of the parties will be unconscionably disparate.
Maryland divorce statutes § 11-107. Extension of period; modification of amount.
(a) Extension of period.- Subject to § 8-103 of this article, the court may extend the period for which alimony is
awarded, if:
(1) circumstances arise during the period that would lead to a harsh and inequitable result without an extension;
and
(2) the recipient petitions for an extension during the period.
(b) Modification of amount.- Subject to § 8-103
of this article and on the petition of either party, the court may modify the amount of alimony awarded as circumstances
and justice require.
Maryland divorce statutes § 11-108. Termination of alimony.
Unless the parties agree otherwise, alimony terminates:
(1) on the death of either party;
(2) on the marriage of the
recipient; or
(3) if the court finds that termination is necessary to avoid a harsh and inequitable result.
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Maryland divorce statutes § 7-103.2.
Child support and custody educational seminar.
(a) Applicability.- This section applies to an action for divorce in which issues of child support, custody, or visitation
are raised.
(b) Participation by all parties.- Prior to granting a decree of divorce, the court may require all parties to
participate in an educational seminar that is designed to educate parents about the effects, and to minimize the disruption,
of a divorce on the lives of children.
(c) Rules.-
(1) The Court of Appeals shall adopt rules to implement this section.
(2) Rules adopted in accordance with this subsection shall:
(i) provide for the content of the seminar required under this
section;
(ii) require successful completion of the seminar by all parties to the action within a certain time after the service
of the original complaint upon the defendant;
(iii) establish sanctions for failure to successfully complete the seminar
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(iv) for purposes of funding the cost of the seminar,
establish a fee that:
1. shall be assessed as costs; and
2. may be waived
under appropriate circumstances; and
(v) establish criteria for exemption from the requirement that the parties participate
in an educational seminar, except that a court may not exempt the parties from attending the educational seminar if there
is any evidence of domestic violence or child abuse or neglect.
(d) Contract to provide seminar.- The seminar required under
this section may be provided under contract with a public or private agency.
(e) Seminar proceedings inadmissible in divorce
proceedings.- Unless the parties stipulate otherwise, any information about a party, including statements or reports, obtained
from an educational seminar required by this section, is not admissible during the action for divorce of that party.
(f)
Attendance.- This section may not be construed to require the parties to an action for divorce to attend the educational
seminar together.
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Maryland divorce statutes § 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 divorce statutes § 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.
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§ 10-121. Withholding
orders; support defined; required statement.
(a) Orders passed on or after July 1, 1985.- Any order under this Part III of this subtitle that is passed on or after
July 1, 1985 shall constitute an immediate and continuing withholding order on all earnings of the obligor that are due on
or after the date of the support order.
(b) Orders passed before July 1, 1985.-
(1) Any order under this Part III of this
subtitle that is passed before July 1, 1985 shall become an immediate and continuing withholding order on all earnings of
the obligor that are due on or after the date of the withholding order on the filing by the recipient or support enforcement
agency of:
(i) a motion for a withholding order on the earnings of the obligor; and
(ii) a current support order.
(2) Notice
of the filing of the motion and a statement that the support order constitutes an earnings withholding order subject to the
conditions of this Part III of this subtitle shall be sent to the obligor by certified mail, return receipt requested and
first-class
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mail, at the last known home address
or, if the home address is unknown, the place of employment of the obligor.
(c) Required statement.- Any support order or
modification of support order not subject to immediate withholding under § 10-123 of this subtitle, that is passed on or after July
1, 1985, and any notice and statement issued under subsection (b)(2) of this section shall include a statement that:
(1)
if the obligor accumulates support payments arrears amounting to more than 30 days of support, the obligor shall be subject
to earnings withholding;
(2) so long as the support order is in effect, the obligor is required to notify the court of:
(i)
any change of address within 10 days after moving to a new address; or
(ii) any change of employment within 10 days after
receiving the first earnings from a new employer; and
(3) failure to comply with item (2) of this subsection will subject
the obligor to a penalty not to exceed $250 and may result in the obligor's not receiving notice of proceedings for earnings
withholding.
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Maryland divorce statutes § 9-102.
Petition by grandparents for visitation.
An equity court may:
(1) consider a petition for reasonable visitation of a grandchild by a grandparent; and
(2) if the
court finds it to be in the best interests of the child, grant visitation rights to the grandparent. |
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Maryland divorce statutes § 9-105.
Unjustifiable denial or interference with visitation granted by order.
In any custody or visitation proceeding, if the court determines that a party to a custody or visitation order has unjustifiably
denied or interfered with visitation granted by a custody or visitation order, the court may, in addition to any other remedy
available to the court and in a manner consistent with the best interests of the child, take any or all of the following
actions:
(1) order that the visitation be rescheduled;
(2) modify the custody or visitation order to require additional terms
or conditions designed to ensure future compliance with the order; or
(3) assess costs or counsel fees against the party
who has unjustifiably denied or interfered with visitation rights.
Maryland divorce statutes § 9-104. Access to medical, dental, and educational records by noncustodial parent.
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Unless otherwise ordered by a court, access to medical, dental, and educational records concerning the child
may not be denied to a parent because the parent does not have physical custody of the child.
Maryland divorce statutes § 9-103. Petition by child to change custody.
(a) Petition by child.- A child who is 16 years old or older and who is subject to a custody order or decree
may file a petition to change custody.
(b) Guardian or next friend not required.- A petitioner under this section may file
the proceeding in the petitioner's own name and need not proceed by guardian or next friend.
(c) Hearing required; amendment
of custody order or decree.- Notwithstanding any other provision of this article, if a petitioner under this section petitions
a court to amend a custody order or decree, the court:
(1) shall hold a hearing; and
(2) may amend the order or decree and
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The Maryland divorce
statutes that
appear here may not include all provisions of Family Law. Some
editing has occurred. You should consult the code or a Maryland divorce attorney.
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