When a marriage becomes unsustainable, couples in Maryland have the choice to end their union through divorce. In the state, there are primarily two types of divorce: fault-based and no-fault. It is important to understand the complexities involved in fault-based divorce in Maryland.
The Complexity of Fault-Based Divorce
Unlike many other states, Maryland offers the option of both fault-based and no-fault divorce. Nevertheless, pursuing a fault-based divorce in Maryland requires meeting certain requirements. The spouse seeking the divorce, known as the plaintiff, must provide evidence that the other spouse, referred to as the defendant, is responsible for specific grounds for divorce.
Moreover, there are residency mandates in Maryland that must be met before filing for divorce. The plaintiff must have been a resident of Maryland for at least one year or the grounds for divorce must have occurred within the state.
Grounds for Divorce in Maryland
In Maryland, there are several grounds that can be used to file for a fault-based divorce. These include:
Adultery: A Breach of Trust
Adultery happens when a spouse engages in sexual relations with someone outside of the marriage. To prove adultery, the plaintiff must present compelling evidence, such as photographs, text messages, or witness statements, substantiating the extramarital affair.
Desertion/Abandonment: A Void in Commitment
Desertion occurs when one spouse unjustifiably leaves the other. This can transpire when a spouse moves out of the marital home and fails to provide financial support or engage in marital relations.
Criminal Conviction: Legal Accountability
A spouse may seek a fault-based divorce based on the defendant’s conviction of a felony or misdemeanor.
Mutual Separation: Solace in Independence
Couples can obtain a divorce in Maryland if they have lived separately for at least two years without cohabitation.
Cruelty: A Painful Reality
Domestic violence or abuse constitutes acts of cruelty that can be grounds for divorce. The victim’s injuries or witness statements can serve as evidence to establish this ground.
The Emotional and Financial Toll
Unlike no-fault divorces, fault-based divorces can be emotionally charged, fostering feelings of anger and resentment between the parties involved. These types of divorces can also prove to be more financially burdensome, as additional legal fees may be incurred in gathering evidence or hiring private investigators.
In Maryland, fault is generally not considered by the courts when making decisions regarding property division, child custody, or support. However, a spouse found to be at fault may receive a reduced amount of alimony or potentially none at all.
Seeking Guidance for Your Fault-Based Divorce
While fault-based divorces are less common in modern times, they can still present a viable option for Maryland couples seeking to dissolve their marriage. It is crucial for individuals considering a fault-based divorce to seek the guidance of an experienced divorce attorney who can navigate them through the process and strive for the best possible outcome.
Remember, the complexities involved in fault-based divorce necessitate thoughtful consideration and professional guidance.