Grounds for Divorce in Gaithersburg, Maryland
In order to be granted a final divorce in Maryland, the Court requires that the parties have proper grounds. Grounds are the reasons for the Court to give the parties the divorce. Your Maryland divorce attorney form Lustig & Gudis, LLC will be able to discuss the grounds that fit your situation.
Maryland law provides for two categories of grounds for divorce. Grounds are either uncontested or contested. Contested grounds are “fault” grounds, whereas uncontested grounds are used when one or both of the parties do not wish for the Court to find fault. Prior to the advent of uncontested grounds, divorces were only granted when marital fault was proven.
Our Maryland Divorce Lawyer Can Help You With Uncontested Grounds
Maryland does not allow divorcing couples to file based on “irreconcilable differences” as some other states do, and as people may expect based on television and internet reports of celebrity divorces. In Maryland, even the uncontested grounds are not simple. In Maryland, a couple can get an uncontested divorce based on separation for at least 1 years for any reason whatsoever. The particular elements for an uncontested divorce must be proven in a brief hearing before a family law master or judge. Your Maryland divorce attorney can smoothly guide you through the process of obtaining an uncontested divorce.
Maryland also has 6 contested grounds for a final divorce. They are:
- Desertion or constructive desertion
- Conviction of a felony by one’s spouse if the felon has been sentenced to serve at least 3 years and has already served at least 12 months
- Insanity of one’s spouse in certain circumstances
- Cruelty of treatment
- Excessively vicious conduct toward one’s spouse or minor children.
All grounds require the parties to have been separated for at least 12 months prior to filing for a final divorce, referred to as an “Absolute Divorce”, except the grounds of adultery, cruelty of treatment or excessively vicious conduct. As with the uncontested grounds for divorce, each element of the particular ground or grounds must be proven in a trial and a witness must testify to support the evidence.
Our Gaithersburg, Maryland Child Custody Attorney will help you with these complex proceedings
Obtaining a divorce in Maryland is not a simple matter, even when the divorce is uncontested. If you have any questions about grounds for divorce, please call our Maryland divorce attorney to discuss your case.