December 2008 - Posts
During the colonial period there were no divorces in Maryland, but there were instances where a wife was deserted or mistreated so that she had no choice but to leave home. She then applied to the Chancery Court for assistance. Alimony was sometimes granted as long as the wife and husband live separately. In a 1706 case a man was charged with bigamy when he married and his former wife "'was then alive in the Colony of Virginia and had not been beyond the seas seven years nor absent from him seven years together". In that case a seven year separation dissolved the marriage.
After the Revolutionary War there was still the need to help intolerable marriages, but the power to grant relief was not conferred upon any of the courts justice. The General Assembly stepped in and assumed the role but there was not constitutional basis for legislative divorces. There were a few failed petitions for relief. The Maryland legislature passed a special act in 1790 granting divorce to a Talbot County man whose wife had been convicted of adultery which led to the birth of a mulatto child. There were no criteria for grounds for divorce, but the legislature acted with speed and continued to grant divorces until prohibition by the Maryland Constitution of 1851.
During these times there were two types of divorce. Divorce a mensa et thoro, a divorce from bed and board which provided a separation but did not affect the marriage itself. Divorce a vinculo matrimonli , was a divorce from the bonds of marriage which released all ties so that both parties were free to remarry and at death neither party was entitled to any part of the other's estate.
On March 1, 1842, an act to give the Chancellor and the County courts of Equity jurisdiction in cases of divorce was finally passed ( Acts of 1841, Ch. 262). This act was created to support the two types of above mentioned divorce.
Grounds for divorce a mensa et thoro were :
1. cruel treatment
2. excessively vicious conduct
3. abandonment and desertion
Grounds for divorce a vinculo matrimonli were :
1. impotence of either party at the time of marriage
2. any cause by the laws of Maryland rendering a marriage null and void ab initio
3. adultery
4. abandonment and absence from the State for five years
* "Void ab initio" means "void at its inception" , a marriage at gunpoint or cases of bigamy, as an example.
The time of abandonment was reduced to three years and the requirement for leaving the state was no longer a law in 1845. Proof of absence and irreconcilability was required. A fifth ground for divorce a viniculo matrimonli was added "when the woman before marriage had been guilty of illicit carnal intercourse with another man, the same being unknown to the husband at the time of marriage in 1847.
Source : www.msa.md.gov
The Maryland State Archives has divorce records or Baltimore City and several Maryland counties as far back as the 1980's. The Archives is the only place you can obtain Baltimore City records including indexes through 1982. Depending on jurisdiction, dates and availability vary.
If you would like to obtain a divorce file you will need to know the county and court that granted the divorce, names of parties, case number, and approximate date. The Archives may have the case number available if it is unknown. The most current records are Baltimore City and Anne Arundel County. If your request is from a different area in Maryland you may call the circuit court where the original hearing was held to obtain the case number or request the Archives to do all additional research for a fee.
The Archives cannot check every county for approximate dates if you do not have that information. For divorces granted before January 1992, there is no statewide index available to Archives that will provide them with such information. If you have this issue, the Archives will use all resources available to find your missing information for a fee. For divorces granted after January 1992 to current day The Division of Vital Records, Reisterstown Plaza, 6550 Reisterstown Road, Baltimore Maryland 21215 can verify the county where and the date when the divorce occurred, but can not issue a certified copy of the decree. The courts must usually issue a certified copy of later cases.
Source :www.msa.md.gov
In most states you can request that the judge in charge of your divorce make a formal order restoring your former or birth name. You will need certified copies of the order as proof of the name change. Once you have this official information you may begin to change your name with the Maryland MVA and all of your personal records.
If your divorce papers don't show your name change, you stall may be able to retain your former name especially if you still have proof of that name such as your birth certificate or an outdated passport.
A child's name may be changed by court petition when it is clearly in the best interest of the child. Courts consider many factors on a decision to change a child's last name such as the length of time the father's last name has been used, the strength of the mother-child relationship and the need of the child to identify with a new family unit, such as remarriage. The courts must balance these factors against the importance of the father-child relationship. It is more or less up to the judge to decide what is in the child's best interest.
Even if your child's last name is changed, you wont be changing the legally recognized father of your child. A name change will also not affect the rights or responsibilities of either parent regarding child support, visitation or inheritance rights.
One document that may be drawn in your case is a Voluntary Separation Agreement or Property Settlement Agreement. Divorces are usually settled in the beginning when both parties carry guilt or at the end when both parties are exhausted and need to close this chapter in their lives. Most people in a divorce are encouraged to settle as much as possible. Many things can be included in your agreement. Here is a list of things to consider.
1. Court cost and attorney's fees. Who is responsible for these charges ?
2. Property. Who gets the house and house payment ? How is the equity divided if the house is sold ?
3. Personal Property. Who gets each car, shared appliances, furniture, etc. ?
4. Alimony. How much is the alimony and for how long ?
5. Child Support. How much ? For how long ? Who carries health and life insurance on your children ? Who claims the children on their taxes ?
6. Visitation. Is there a specific schedule ?
7. Health Insurance. Who is covered ? For how long ? What changes to policies will divorce make ?
8. Life Insurance. Who is insured ? Who is the beneficiary ? Cash value or term ? What is the amount ?
The most widely known way to serve a divorce is to have your spouse sign the documents after you have filed your complaint with the court. You can have them mailed, hand deliver them, or have a third party deliver your papers. This is applicable even if your spouse is incarcerated.
If your spouse refuses to sign or you aren't sure whether or not they will sign then you can have the sheriff in your spouse's county serve a copy of the filed documents requiring your spouse's signature. If your spouse is incarcerated you may have the prison officials serve your spouse.
You can also serve using certified mail if your spouse lives out of state.
If the whereabouts of your spouse are unknown you may publish your divorce. The publication for the newspaper is generally $65 but may vary in your area. Upon filing of the Affidavit the clerk will grant the service of notice be made my publication in a newspaper of general circulation in the county in which the complaint has been filed.
In every state there are different filing fees when you file for divorce. The court filing fee for a divorce in Maryland is $80 plus an additional fee if you wish a sheriff to serve your divorce to your spouse. There is a $65 free for publication. There are no additional fees for an uncontested divorce. To find out the exact cost in your county you can contact the Clerk of the Court in your area.
Each state and county has a specific list of forms that need to be completed when filing for divorce. These are the names of the documents you will need for your Maryland divorce. You may need additional documents depending of the guidelines of your county.
- Maryland Filing Instructions
- Civil - Domestic Case Information Report
- Complaint for Absolute Divorce (dom rel 20)
- Certificate of Service (for Complaint) (dom rel 58)
- Affidavit of Service (for Complaint) (dom rel 56)
- Marital Settlement Agreement
- Schedule for Visitation/Parenting Time of Minor Children
- Joint Statement of Parties Concerning Marital and Non-Marital Property
- Child Support Worksheet (Sole Custody) (dom rel 34)
- Child Support Worksheet (Shared Custody) (dom rel 35)
- Child Support Schedule
- Declaration Under the Uniform Child Custody Jurisdiction Act
- Financial Statement (Plaintiff) (dom rel 31)
- Financial Statement (Defendant) (dom rel 31)
- Answer to Complaint (dom rel 50)
- Request for Hearing (dom rel 59)
- Judgment of Absolute Divorce
Allegany County Courts
Circuit Court
30 Washington St.
Cumberland, MD 21502-1731
Phone – (301) 777-5922
District Court
3 Pershing St.
Cumberland, MD 21502-3401
Phone – 301-777-2105
Anne Arundel County Courts
Circuit Court
7 Church Circle
Annapolis, MD 21404-2395
Phone – 410-222-1397
Baltimore City Courts
Circuit Court
Clarence M. Mitchell, Jr. Courthouse
100 N. Calvert St.
Baltimore, MD 21202
District Court
Courthouse East
111 N. Calvert St.
Baltimore, MD 21202
Baltimore County Courts
Circuit Court
County Courts Building
401 Bosley Avenue
Towson, MD 21204
Phone – (410) 887-2601
Calvert County Courts
Circuit Court
Calvert County Courthouse
175 Main Street
Prince Frederick, Maryland 20678
410 - 535 -1660
Caroline County Courts
Circuit Court
109 Market St.
Denton, MD 21629-0356
Phone (410) 479-1811
Carroll County Courts
Circuit Court
55 N. Court Street
Westminster, Maryland 21157
(410) 386-2026
Cecil County Courts
Circuit Court
129 E. Main Street
Elkton, Maryland 21921
(410) 996-5370
Charles County Courts
Circuit Court
200 Charles Street
LaPlata, Maryland 20646
(301) 932-3201
Dorchester County Courts
Circuit Court
206 High Street
Cambridge, Maryland 21613
(410) 228-0481
Frederick County Courts
Circuit Court
100 West Patrick Street
Frederick, Maryland 21701
(301) 694-1976
Garrett County Courts
Circuit Court
203 S. 4th Street, Room 209
P.O. Box 447
Oakland, Maryland 21550
(301) 334-1937
Harford County Courts
Circuit Court
20 W. Courtland Street
Bel Air, Maryland 21014
(410) 638-3426
Howard County Courts
Circuit Court
8360 Court Ave
Ellicott City, Maryland 21043
(410) 313-2111
Kent County Courts
Circuit Court
103 N. Cross Street
Chestertown, Maryland 21620
(410) 778-7460
Montgomery County Courts
Circuit Court
50 Maryland Avenue
Rockville, Maryland 20850
(240) 777-9466
Juvenile: 240-777-9530
Family Division: 240-777-9060 (Spanish Available)
Family Department Clerks: 240-777-9426
Prince George’ s County Courts
Circuit Court
Court House
14735 Main Street
Upper Marlboro, Maryland 20772
(301) 952-3318
Queen Anne’s County Courts
Circuit Court
Court House
100 Court House Square
Centreville, Maryland 21617
(410) 758-1773
Somerset County Courts
Circuit Court
Court House
30512 Prince William Street
Princess Anne, Maryland 21853
(410) 845-4840
St Mary’s County Courts
Circuit Court
41605 Courthouse Drive
Leonardtown, Maryland 20650
(301) 475-4567
Talbot County Courts
Circuit Court
Court House
Washington and Federal Streets
11 N Washington St
Easton, Maryland 21601
(410) 822-2611
Washington County Courts
Circuit Court
95 West Washington Street
Hagerstown, Maryland 21740
(301) 733-8660
Wicomico County Courts
Circuit Court
101 North Division Street
Courthouse, Room 105
Salisbury, Maryland 21801
(410) 543-6551
Worcester County Courts
Circuit Court
Court House, Room 104
One W. Market Street
P.O. Box 40
Snow Hill, Maryland 21863
(410) 632-5500
"Family Mediation" is a term used for the mediation of disputes in divorce, annulment, paternity establishment, child custody/visitation, or child or spousal support.
Programs of mediation can prove to be very beneficial to people who are divorced and still have disputes or those who are seeking or in the proceedings of divorce. Mediation could really be helpful for a couple faced with divorce, a child custody dispute, visitation arguments and other conflicts you may have during these times.
Mediation can possibly help you resolve your case so you would benefit with an uncontested divorce. Since cases with children often require the parents to be civil with one another, mediation is helpful being that they will no longer be living together as husband and wife. In the state of Maryland, all cases that involve contested custody or visitation matters are forced to have mandatory mediation, provided the parties are represented by an attorney and there are no accusations of domestic abuse.
Mediation is designed to change differences from a losing situation for both parties to a winning one. Mediation occurs when a neutral third party, who has training in dispute resolution, assists you and your spouse to resolve the differences causing conflict and to make informed and cooperative decisions that benefit everyone involved.
For many religious or personal reasons many people do not wish to get a full divorce and opt for a "limited divorce". There is no legal separation in Maryland. A "limited divorce" in Maryland is similar to what other states call a "legal separation". Limited divorces are very similar to an absolute divorce with the major difference being the couple may not remarry. You are still married in the period of time that you are legally separated.
Maryland requires that you meet residency requirements, grounds and other laws just as you would for an absolute divorce. Limited divorces can also involve property settlements, child support, custody and alimony.
Grounds for obtaining a limited divorce in Maryland :
~cruelty or excessively vicious conduct to the plaintiff or minor child
~desertion
~voluntary separation without any reasonable expectation of reconciliation
Maryland courts may grant you a limited divorce even though you are seeking an absolute divorce. The courts may also decree these divorces permanent or for a limited time period. A Maryland limited divorce may be revoked by the court at any time upon the joint applications of the parties to be discharged. If that happens you remain married in the state of Maryland.
Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)
It is still possible to file separation without cohabitation if your spouse wants a separation and you do not. Maryland requires two years of living apart. Whether the separation is voluntary or not it has to be continuous. This does not mean that you cannot be around your spouse, it means you cannot have sexual relations with one another. If you do end up in a sexual encounter with your spouse your waiting period must start all over again. It will begin the day after your last sexual encounter. Sex between you and your spouse is strictly forbidden during your waiting period. Sex with anyone outside the marriage could also change the scenario and the grounds for your divorce will change. Another rule here is to live in two completely separate places. This does not include different areas of the house, rather different addresses.
Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)
The state of Maryland has a "no-fault" divorce known also as voluntary separation. This means you and your spouse have separated after mutually and voluntarily agreeing that you no longer wish to live together as husband and wife and there is no hope for reconciliation. To get a divorce on this ground you must be separated without interruption, without cohabitation for one year.
If this is not a mutual and voluntary situation you will have to use other grounds for divorce.
There are two types of voluntary separation : one for limited divorce and one for absolute divorce. An important fact to remember is that limited divorce is not a complete end to your marriage.
Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)
For practical purposes, desertion and abandonment are just about the same. There are two elements that must be present to constitute desertion :
~the willful desire or the intent to desert
~the cutting off of the marital relationship
In Maryland abandonment is defined by :
~twelve uninterrupted months of separation
~willful and malicious
~beyond any reasonable expectation of reconciliation
There are two types of desertion
Actual Desertion
When your spouse physically moves away from the house it is considered actual desertion. The spouse leaves and has no plans of returning other than picking up forgotten personal belongings.
Constructive Desertion
Desertion can also be present if your spouse does not leave. You can leave and charge your spouse with constructive desertion if your spouse's behavior is cruel and harmful. Constructive desertion is basically defined as one person leaving the relationship, not necessarily the home.
This also includes willful refusal of sexual intercourse and nonperformance of other marital duties. Conduct that endangers a spouse's life, health or safety also applies.
If the deserter returns and you accept the return of your estranged spouse then grounds for desertion of any kind are void. If you reject the return of your spouse they could in turn file desertion upon you.
Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)
Adultery is sexual intercourse between a married person and someone other than their spouse. In Maryland cunnilingus, fellatio and sodomy are not considered grounds for divorce and not considered adultery. The sexual intercourse must involve the male organ penetrating the female organ, but a completion, so to speak, is not required.
You may need a private detective to prove your adultery case in court. You will have to have a corroborative witness who has no stake in the matter and can tell the court what they have witnessed. Most adultery cases are proven by circumstantial evidence, meaning you have to establish that your spouse had the disposition and opportunity to commit adultery.
If you can only prove the disposition but not the opportunity for adultery the court may think that it is mere speculation. The same is true by proving opportunity and not disposition. Public displays of affection such as hand holding, kissing and hugging may provide sufficient evidence to indicate and adulterous disposition. Adulterous opportunity could be proven by this following example that your spouse was seen entering the house of the paramour at 11PM and not leaving until 8AM.
The co-respondent is the person you are claiming has comitted adultery with your spouse, frequently known as the paramour. The co-respondent retains the right to hire a lawyer and file an answer to your complaint.
Adulterers are not equal under the blanket of the law. In Maryland, adultery could possibly impact custody if the adultery has proven to have impaired or harmed the involved children. Adultery does not affect alimony awards in Maryland but will be a factor in considering the alimony amounts.
If you had knowledge of the adultery and remained in your normal marital living situation then adultery cannot be used as a ground for divorce. The courts feel as you have forgiven the act by continuing to remain in the same household as you spouse knowing the adultery is in progress. If your spouse has other affairs then those can be used as grounds. If your spouse has had several affairs and you only condoned one, you may file on adultery regarding the affairs you did not know about.
Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)
There is a provision for bringing the lawsuit against your spouse under each ground for an absolute divorce. If you claim that your spouse has committed adultery, you can bring the action for absolute divorce at any time. As long as you fulfill the Maryland residency requirement explained here http://www.divorce-and-child.com/blogs/maryland_divorce/archive/2008/12/01/maryland-divorce-residency.aspx there is no time limit when adultery is concerned.
In a claim of desertion you may have a time limit issue. Whether the desertion was actual or constructive, you must wait a year after the event of desertion to file an absolute divorce. To file a voluntary separation you must have been voluntarily separated for at least twelve months without cohabitation, which includes no nights under one roof and no sexual intercourse. The voluntary separation must be filed before an absolute divorce can be filed.
You can file for an absolute divorce if your spouse has been convicted of a felony or misdemeanor with a sentence of at least three years or an unspecified sentence in a penal institution and has served twelve months of that sentence. If your spouse has been confined to a mental institute, hospital or other similar medical facility for at least three years, you can then file for an absolute divorce as long as you have met residency requirements.
Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)
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