Maryland Divorce FAQs

May 11, 2021

Going through a divorce can be a challenging time for you, your spouse, and your entire family. Aside from the emotional and mental toll, navigating the legal process can be extremely difficult, especially without the help of knowledgeable and experienced legal representation. The attorneys of Turnbull, Nicholson & Sanders, P.A. have a deep understanding of all Maryland-specific divorce laws and are here to help guide and support you throughout your divorce proceeding.

Below are answers to some of the most common Maryland Divorce questions our team receives. If you have further questions, please contact our office at (410) 339-4100.

Are there different types of divorce in Maryland?

Yes, there are two different types of divorce in Maryland, limited and absolute. A limited divorce allows for you and your partner to legally separate, but still maintain certain rights such as health insurance, ownership of shared property, and tax filing status. A limited divorce also requires that both parties live separately and prevents either from remarrying or engaging in another relationship. An absolute divorce legally ends the marriage, allowing both parties to remarry and results in any shared property being divided.

What are the possible grounds for a divorce?

In the state of Maryland, there are different grounds for a divorce, depending upon if you are pursuing a limited or an absolute divorce. While the two types of divorce share several grounds, some are unique to an absolute divorce.

Grounds for a limited divorce include:

Separation, if the parties are living separate and apart without cohabitation
Desertion
Excessively vicious conduct to the spouse or to a minor child
Cruelty of treatment to the spouse or to a minor child

Grounds for an absolute divorce include:

Adultery
Desertion, if it has continued for 12 months
Conviction of a crime
12-month Separation
Insanity
Cruelty of treatment to the spouse or to a minor child
Excessively vicious conduct to the spouse or to a minor child
Mutual Consent

How are assets typically divided?

Maryland is an equitable distribution state. This means that the Court will fairly divide the marital property between both parties, but not always equally. The Court must first determine what property is marital versus what property is non-marital. When the Court is making a marital property award, several factors are established by statute and must be considered by the Court, which include, but are not limited to:

the financial contributions of each spouse to the family and household
the duration of the marriage
the current financial standing of each spouse
when assets, such as a home or vehicle, were purchased and how they were purchased
if alimony has been awarded to either party

Our attorneys are well-versed in complex divorce and settlement proceedings and will advise you throughout the process, so you are fully aware of each step and able to recoup what is rightfully yours.

What about child support or custody?

A divorce can be even more complicated and trying if you and your partner have children. We have the expertise needed to provide you with legal advice and representation in child custody and child support cases. Our primary concern throughout every divorce proceeding is to safeguard the quality of life for you and your loved ones by providing you with exemplary legal counsel.

The Court will take a variety of factors into account when determining what is in the best interest of the child/children. This can include the:

income/financial standing of each parent
current living situation of each party
mental or physical health of each parent
child’s preference
overall character and reputation of both parents
impact a potential move can have on the child’s education and well-being
presence of any legal record or past convictions

If both parties agree on the custody and care of any children they share, the Court will approve of this agreement so long as it is in the best interest of the children.

What are the different types of custody?

The state of Maryland has two classifications of custody, legal and physical, and can choose to offer primary (also referred to as sole) or shared (also referred to as joint) custody to one or both parties. Legal custody grants the parent the right to make important decisions about the child’s care and life. This can include education, medical care, extracurricular activities, and the overall well-being of the child. If granted physical custody, the parent is responsible for providing the child with a home and the daily care of them.

The Court may offer a combination of custody, such as joint legal and physical custody, based on what it believes to be in the best interest of the child. If one party is granted primary physical custody, a visitation or access schedule will be established.

We are here during this difficult time

The attorneys of Turnbull, Nicholson & Sanders have been widely recognized for their family law expertise. We understand that a divorce proceeding can be a difficult time for all parties involved and are committed to easing that burden by offering you exceptional legal representation.

If you have questions about divorce, please contact Turnbull, Nicholson & Sanders, P.A. at (410) 339-4100 or info@tnsfamilylaw.com. Our team of family law attorneys is here to help guide you.