Posted on July 25, 2022 in Divorce

In the State of Maryland, for many years, a couple had to spend a year apart before filing for divorce if neither party was necessarily at blame (or could demonstrate fault). There was no way around it; you had to wait at least a year before you could seek for an absolute divorce without evidence of adultery or severe treatment. There are additional reasons for divorce, as was described in an earlier post, but aside from adultery or cruel treatment, they all needed a waiting period of at least one year. That is, until 2015, when the local Legislature added a new ground for mutual consent divorce in Maryland.

See Maryland Family Law Code § 7-103

In accordance with that law, a husband and wife could mutually decide to get a divorce without having to wait the required twelve months, provided that both parties attended the uncontested divorce hearing and properly executed settlement agreements were signed for all alimony and property (including retirement) issues. For partners who shared a small kid, however, this was not a possibility. For divorcing parents of young children, mutual consent was not an option, even if they could agree on every aspect of child custody and maintenance. They would have to hold off on filing for divorce for an entire year.

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 Posted on July 25, 2022 in Divorce

Filing for divorce in Maryland can be a long and tedious process. There are various requirements that must be met before the court can grant a divorce. While it is usually best to meet the requirements, including asset division, amicably, it can be extremely difficult and emotional. Enlisting an experienced divorce and family law attorney, will make this process more bearable.

Here is how marital property is legally divided in Maryland.

Maryland Divorce Laws

Maryland uses equitable distribution, where the separating couple is entitled to a fair share of the property acquired during their marriage. Notably, equitable distribution does not necessarily refer to a 50-50 share, though it is often close, but a fair division of property under the circumstances.

So what is considered marital property? Marital assets refer to all the property that you collectively acquire during your marriage, regardless of how titled. Marital property includes, but is not limited to, obvious assets such as houses, bank accounts, stocks, patents, as well as tangible personal property like cars, furniture, appliances, and jewelry. Property acquired by gift or inheritance, regardless of when acquired, does not constitute marital property.

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