See if you Qualify in Maryland
Online Divorce provides qualitative and approved by the court Maryland divorce papers. The information below will help you understand more about the divorce in Maryland. However, if you feel any doubt or insecurities, we will help you figure out how get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in Maryland. We guarantee that in a short time you will receive the correct Maryland divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in Maryland:
1. Divorce in the state of Maryland is called Absolute divorce. As in most states, in order to get a divorce in Maryland, your marriage must be legal, that is it was entered into in accordance with all the conditions of the Maryland law.
2. You must comply with the state's rules of residence, as well as you must have grounds for divorce. Please note that if the reason for the divorce is the fault of your spouse, then you will have to prove it in court.
3.It is good if you and your spouse do not have any outstanding questions about your divorce, such as custody of minor children born in marriage, alimony, separation of property and so on, this will greatly speed up your divorce. However, if you could not reach an agreement before filing a Maryland divorce papers in court, then the decision on your disputes will be made by the judge at the meetings after analyzing the factors that have developed in your marriage,that can delay the process of ending the marriage.
4. The main and most difficult step in the preparation for divorce is filling out divorce form documents. According to the legislation, there are different variations of Maryland divorce papers, but not everything is worth filling out. You need to fill in and sue those Maryland divorce papers that correspond to the circumstances of your divorce. If you have never encountered a divorce and have no legal education, this step may be quite difficult for you. The duration of the process of divorce will depend on types of divorce form documents that you submit. If you submit the wrong papers, the court will reject them and you will have to start all over again. Nevertheless, do not worry, you can always use the onlinedivorce.com service. You do not need to be a lawyer or an expert in the field of law when filling out Maryland divorce papers, as Online Divorce will do everything for you. You just need to answer some questions that are relevant to your marriage, and we will provide you with all the necessary papers that will be 100% approved by the court.
5. The last step is filing a lawsuit in court, after which you are obliged to provide copies of the Maryland divorce papers to your spouse or what else it is called to serve the spouse. After this, the court requires a waiting period from 30 to 90 days to grant a divorce.
If you decide that you want a divorce in Maryland, then you must comply with the state's rules of residence. State law requires that one of the spouses be a resident of the state before filing a lawsuit. If the grounds for divorce have occurred outside the state, then one of the spouses must reside in the state for at least 1 year before the filing of the claim.
However, if the reason for the divorce is insanity, then the plaintiff must reside in Maryland for at least 2 years before filing a lawsuit.
If both spouses agree with the dissolution of the marriage, then the court will grant a divorce in one year after the filing of the claim.
Valid Grounds to get divorce in Maryland
In order to obtain a divorce in Maryland the following grounds are accepted by law:
2) Desertion, which is final and lasted for 12 months before the filing of the claim in court without the couple's cohabitation, and there is no hope for reconciliation;
3) Voluntary separation that lasted for 12 months before the filing of the claim in court without the couple's cohabitation, and there is no hope for reconciliation;
4) If the spouse has committed an offense and received a sentence for this before filing a lawsuit to the court, he or she was sentenced to serving a term of 3 years or for an indefinite period, with the condition that he or she was in a correctional institution for at least 12 months after sentencing;
5) Separation of spouses, which lasted for 2 years before the filing of the claim in court and without the couple's cohabitation;
6) If one of the spouses is insane, while he or she is imprisoned in a psychiatric hospital for at least 3 years before filing a lawsuit. Please note that if in your divorce form documents you specify this reason for the divorce, then during the hearings the court will hear at least two doctors who must confirm that the spouse's insanity is indistinguishable and there is no hope of recovery. An additional condition for obtaining a divorce in Maryland by this reason should still be that one of the spouses must be a state resistor for 2 years before applying to the court.
7) Ill-treatment or violence by one of the spouses directed at the plaintiff or child living in the family;
Another way to terminate a marriage is an annulment. The annulment is different from divorce by the fact that those marriages that never existed are included in the annulment, they were concluded with violations of the rules of Maryland and state law does not recognize them as legal.
Reasons for recognizing a marriage as invalid:
1) The marriage was forced;
2) One of the spouses was mentally ill during the marriage ceremony and did not have the opportunity to give his or hers consent to the marriage;
3) One of the spouses was already married at the time of the wedding ceremony, while the previous marriage was not terminated;
4) One of the spouses has not reached the age that is established by law for marriage;
Custody of the Child
In order to make a decision on custody in the state of Maryland, there are not any clear rules, nevertheless courts will consider the following factors to make a decision:
1) the wishes of the child;
2) the conformity of the parents;
3) financial condition of each spouse;
4) the desire of parents to be a guardian and their reputation;
5) age, health, sex of the child, as well as the mental and physical parameters of the parents;
6) the ability of parents to communicate with each other and overcome disagreements when deciding on the upbringing of a child;
7) employment of parents;
8) any other circumstances that the court considers important;
The judge may award sole custody to one parent or joint custody to both parents. If you wish to move to another state with your child, you must provide written notice to the court and other party at least 90 days before your intended move.
Rules for Child Support
With the divorce in Maryland, the law requires the spouse to provide financial assistance to their minor children born in wedlock until they reach the age of 19 or finish high school. The Incomes Shares model is used by the state. The model is based on the number of children in the family, their age, the parents' gross income and the number of nights the child spends with each parent, including medical expenses, training, and other factors.
In some cases, the court may deviate from this model if it considers that the amount that is calculated to support the child is unfair. Take into account that ?n your Maryland divorce papers you have to listed all your income and expenses as well as financial situation of your spouse to give the court ability to calculate the sum of child financial support.
Rules for Spousal support
The court has the right to award alimony for any type of divorce in the state of Maryland. Their amount will depend on the following factors:
1) Ability of the requesting spouse to support herself;
2) The time needed by the requesting spouse to acquire the necessary skills or knowledge to get a good job;
3) The standard of living habitual to spouses during marriage;
4) Duration of the marriage;
5) Any contribution (monetary, physical, emotional) that each of the spouses made in the marriage;
6) the financial needs and capabilities of each spouse;
7) marriage agreement between spouses;
8) the circumstances that led to the severance of relations;
The court can award payment of alimony for an indefinite period, if it is ascertained that the supplicant really needs long-term support. If there is no marriage contract between the spouses or any other agreement regarding alimony or the period of their payment, the payment will be terminated in the event of the death of the spouse or if the requesting spouse remarries.
If in your divorce form documents indicated that the reason for the divorce is the spouse's insanity, then the court may require the performance of the following, provided that at least two doctors must confirm that the spouse's insanity is indistinguishable and there is no hope of recovery:
1) Provide financial support to the insane spouse;
2) Provide one-time support to the insane spouse based on the expected duration of the patient's life, as well as pay the costs of his or her funeral;
Divorce without a lawyer in Maryland
If you apply for a divorce in Maryland, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of Maryland can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce. To simplify the process, you can initiate an online divorce in Maryland. Our service will help you quickly prepare all the necessary divorce form documents, which will greatly accelerate the process of your divorce.
Many couples divorced in Maryland go through a division of common property. So if you have acquired a property in your marriage, prepare to go through the same separation process. To the common property belongs all property which was acquired by the couple during the marriage. Everything that the spouses possessed prior to marriage or that went to them by the way of inheritance or donation is a separate property and is not subject to division, in other words the separate property after the partition of the property remains for the original owner. When dividing a common property in Maryland as in many other states, the equitable distribution rule is used, which means that the property will be shared fairly between the spouses, but this does not always mean that in equal shares. When a court decides on the property, it analyzes the following factors that you are required to indicate in your Maryland divorce papers:
1) The length of the marriage and the age of each spouse;
2) Any contribution (monetary, physical, emotional) that each of the spouses made in the acquisition of property;
3) The economic situation of each spouse for the decision point;
4) The level of health, physical and psychological indicators of each of the spouses;
5) When and by what means the property was acquired, including the efforts that each of the parties made to accumulate property;
6) The value of all property interests that a couple possesses;
7) Grounds for divorce;
8) Any other factors that the court deems essential.
Remember that all information on your case is taken from your divorce form documents, so it is very important to fill them correctly, any mistake can lead to the court rejecting them, which will greatly delay your process. To avoid mistakes, many couples prefer to use the help of Online Divorce in Maryland, which will prepare all the necessary documents appropriate to the type of your divorce and state regulations.
State law does not oblige spouses to resort to the help of mediators in the process of divorce, however, either party can do it voluntarily if he or she sees that a third party is able to resolve disputes between spouses.
Divorce Forms in Maryland
The specific Maryland divorce papers that you should fill out will depend on the county in which you sue, as well as on the circumstances of your case, nevertheless there are a number of forms that need to be filled in anyway, they are: "Complaint for Absolute Divorce "And the" Civil Domestic Case Information Report ".
If you apply for a divorce yourself, it's reasonable to seek the help of a specialist, especially if you do not have legal knowledge or have never passed through the process of divorce, then filling out divorce form documents can be a complex and lengthy process. Please note that courts are very critical of the documents you submit. Thus, if you submit the wrong divorce forms or make mistakes in your Maryland divorce papers, the court will reject them, which means you will have to re-prepare the papers for divorce. However, do not worry about this, because you can always use the help of Online Divorce - the best service for preparing divorce form documents online. We guarantee that the Maryland divorce papers filled out through our services will be accepted by the court. You do not have to spend time studying legal nuances, since we will prepare all the necessary papers for you, you just need to answer a few simple questions about your marriage. Online Divorce in Maryland is an easy way to terminate your marriage quickly and with the least monetary costs.
Uncontested Divorce in Maryland
The process of divorce itself is a nervous and exhausting occupation, especially if there are controversial issues between spouses. To facilitate the process of ending the marriage in Maryland, there is a separate type of divorce, which is called uncontested. The essence of this divorce is that you and your spouse have agreed on all the issues in your case, and this significantly speeds up the process of ending the marriage. In Maryland, there are no strict rules for the uncontested divorce, nevertheless if you are applying for it, then the following items must be fulfilled:
1) You and your spouse have no disputes over the custody of minor children, financial payments, alimony, property separation and any other provisions that may cause a dispute;
2) You must have grounds for divorce, which correspond to the grounds for an absolute divorce, but in that case you will stumble with the fact that you will have to prove the fault of your spouse. To get around this you can indicate in the Maryland divorce papers that you were separated from the spouse and did not cohabit for at least 12 months before filing the claim.
3) You must meet the requirements of the state regarding the residency.
4) The divorce form documents must be submitted to the court in whose county you or your spouse reside, or whether you or your spouse work regularly.
How to Serve Divorce Papers in Maryland
The final step in the filing process is service to the spouse, in other words, state law obliges you to provide copies of Maryland divorce papers and "Write of Summons" to your spouse before the hearing begins.
You can do this in several ways, for example:
1) Any person who is not involved in the divorce process and who is over 18 years of age can transfer documents to your spouse personally or his / her lawyer;
2) Ask the sheriff from district in which your spouse resides to transfer documents;
3) Use the help of the Private Process Server, which is a faster way than sending documents through the sheriff, however, and more expensive;
4) By mail - you need to use this method of sending, so that upon receipt your spouse signs a paper receipt. Similarly, the law of Maryland requires that the papers were sent not by the plaintiff, but by another person who is not involved in divorce;
After the documents are sent on your hands we must have a receipt that you notified the spouse about the beginning of the divorce, this receipt is also worth registering with the court. After that, the court has 30 to 90 days to grant a divorce.
Total fees will contain sum of Maryland court filing fees and cost of using the service of OnlineDivorce.com. This cost may vary by county. Please check with your local court officer to determine the exact amount.