Maryland divorce laws
Child
Support
 Child support obligations are determined
in Maryland by guidelines put in place by
the Maryland divorce statutes. Such child
support is expected to be divided between
the parents in proportion to their adjusted
actual incomes. 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 will decide the issue and amount
of alimony or maintenance before determining the child support obligation.
In the event that the court awards alimony or maintenance, the amount of
alimony or maintenance will be considered actual income for the recipient
of the alimony or maintenance and will be subtracted from the income of
the payer of the alimony or maintenance before the court determines the
amount of a child support award.
Should a parent be voluntarily unemployed or under-employed, child support can be imputed (assumed and assigned).
Child care expenses incurred on behalf of a child due to employment or job search of either parent shall be added to the basic obligation and shall be divided between the parents in proportion to their adjusted actual incomes.
Except in cases of shared physical custody, each parent's child support obligation shall be determined by adding each parent's respective share of the basic child support obligation, work-related child care expenses, extraordinary medical expenses, and additional expenses.
The court expects that the custodial parent will spend that parent's total child support obligation directly on the child or children.
| Divorce Myth: Using a mediator will likely only postpone our conflicts until a later time. Reality: Studies universally demonstrate that couples who face and resolve their divorce issues through mediation have a substantially greater likelihood of voluntarily keeping their agreements. They are more satisfied and experience a reduced likelihood of significant conflict in the future, with obvious benefits to their children as well. Mediated agreements bargained for by a divorcing couple or other separated parents are less likely to result in future impasses leading to litigation. |
Residency
Requirement 
If the grounds for the divorce occurred outside of this State, a party may not apply for a divorce unless 1 of the parties has resided in this State for at least 1 year before the application is filed.
Child
Custody
 Maryland
divorce laws prevail
in child custody disputes.
In such cases of child
custody in Maryland,
state law dictates
that
a parent is the sole
natural guardian of
the minor child if
the
other parent: d ies; abandons
the family; or is
incapable of acting
as a parent.
The parents of a minor child are jointly and severally responsible for the child's support, care, nurture, welfare, and education, and have the same powers and duties in relation to the child. If the parents live apart, a court may award custody of a minor child to either parent or joint custody to both parents. Neither parent is presumed to have any right to custody that is superior to the right of the other parent. A child who is 16 years old or older and who is subject to a child custody custody order or decree may file a petition to change child custody.
| Divorce Myth: A couple can use a divorce mediator, or divorce lawyers, but not both. Reality: Many couples, of course, wish to avoid lawyers in their divorce, and mediation can respect this choice. But other couples choose to retain divorce counsel, or to separately meet with an advisory divorce or family lawyer to review their unique legal rights and options and to consider the implications of any mediated agreements from the lawyer’s perspective as an advocate for that client. |
Grounds
for Divorce
 The court may decree an absolute divorce on
the following grounds: 1. adultery; 2.
desertion, if: the desertion has continued for 12 months without interruption
before the filing of the application for divorce; the desertion is deliberate
and final; and there is no reasonable expectation of reconciliation;
Voluntary separation, if:
- the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and
- There is no reasonable expectation of reconciliation;
- 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:
- been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and
- served 12 months of the sentence;
- 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;
- Insanity if: 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;
- 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
- 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;
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.
Mediation
The court may impose the parties attend a
mediation session if it feels there is a
reasonable chance of success.
Alimony
Alimony may be awarded to either party by the court if there is a request for alimony, or as part of a decree that grants:
* an annulment; * a limited divorce; or * an absolute divorce
Such awards can be for specific periods of time, or permanent. Factors that lend themselves to a fair and equitable award can be:
- the ability of the party seeking alimony to be wholly or partly self-supporting;
- the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
- the standard of living that the parties established during their marriage;
- the duration of the marriage;
- the contributions, monetary and non monetary, of each party to the well-being of the family;
- the circumstances that contributed to the estrangement of the parties;
- the age of each party;
- the physical and mental condition of each party;
- 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;
- any agreement between the parties; the financial needs and financial resources of each party, including:
- all income and assets, including property that does not produce income;
- any award made under §§ 8-205 and 8-208 of this article;
- the nature and amount of the financial obligations of each party; and the right of each party to receive retirement benefits; and
- Alimony can be awarded for an indefinite period if the court finds that:
- due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting; or
- 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
| Divorce Myth: Parties to a mediation still have to hire a lawyer to do all the paperwork. Reality: Certainly, there is often some paperwork that is simply best drafted by a lawyer (this includes highly specialized Orders that transfer certain retirement benefits from one spouse to the other, for example), but most parties are able to complete the ordinary forms required in the divorce process. |
Waiting
Period
The parties may be required to participate in good faith in reconciliation efforts prescribed by the court. No waiting period exists.
Grandparents
Rights
The court may consider a petition for reasonable visitation of a grandchild by a grandparent, and if the court finds it to be in the best interests of the child, grant visitation rights to the grandparent.
Dividing
Assets
 The
court will divide the
marital assets in an
equitable manner. It
will
determine
which property is marital
property, determine
the value of the marital
property, and may transfer
ownership of an interest
in property, grant a
monetary award, or both,
as an adjustment of
the equities and rights
of the parties concerning
marital property, whether
or not alimony is awarded.
The court may transfer ownership of an interest in:
- A pension, retirement, profit sharing, or deferred compensation plan, from one party to either or both parties; and
- subject to the consent of any lien holders, family use personal property, from one or both parties to either or both parties.
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