A divorce, a disheartening and anxiety-inducing experience, often conjures up images of a fierce battle between spouses seeking to sever ties. But in the United States, not every divorce is a contentious affair. Enter the concept of a no-fault divorce—a legal means of ending a marriage where neither spouse is blamed for its breakdown. So, what exactly does a no-fault divorce entail in the state of Maryland? Let’s explore.
What Is A No-Fault Divorce?
In the state of Maryland, a no-fault divorce is defined as a divorce granted based on the voluntary and mutual decision of the parties involved to live apart for a minimum of twelve uninterrupted months, without cohabitation. Maryland is among the states that recognize and permit the granting of no-fault divorces.
Grounds For Divorce In Maryland
Before a couple can initiate divorce proceedings in Maryland, certain prerequisites must be met. The state recognizes two types of divorce: absolute divorce and limited divorce. An absolute divorce puts an end to the marriage, allowing both spouses the freedom to remarry. Conversely, a limited divorce constitutes a legal separation, granted under specific circumstances such as cruelty, desertion, or separation.
In Maryland, an absolute or limited divorce can be granted based on one of two grounds:
- No-fault divorce, commonly referred to as mutual consent divorce.
- Fault-based divorce.
The Benefits Of A No-Fault Divorce
Opting for a no-fault divorce in Maryland offers several advantages, which include:
More predictable outcome: A no-fault divorce hinges on objective criteria, leading to a more predictable outcome determined by the court.
Cost-effectiveness: Compared to a contested divorce, a no-fault divorce in Maryland is generally more cost-effective, as it avoids the need for litigation surrounding fault-related issues.
Expedited resolution: Since a no-fault divorce bypasses the need for a trial, divorcing spouses can reach a resolution more swiftly.
Reduced stress: Thanks to the absence of a need to establish fault, a no-fault divorce generally entails less stress compared to a contested divorce.
How Does A No-Fault Divorce Work?
In the context of a no-fault divorce, both parties agree to legally separate. To meet the requirements, the couple must live apart, without cohabitation, for a minimum of twelve months. Once this time period has elapsed, one spouse can file a complaint for divorce. If uncontested, the divorce is typically granted by a judge. However, if the divorce is contested, the spouses will likely have to attend hearings to address outstanding issues such as asset division, child custody, alimony, and child support.
Conclusion
The no-fault divorce process in Maryland offers a simpler, faster, and more cost-effective alternative to its contested counterpart. It is important, however, to recognize that even in a no-fault divorce, couples must still navigate issues like property division, child custody, and spousal support. For this reason, seeking the guidance of an experienced divorce lawyer is crucial to ensure one’s rights are protected throughout the process.