There are many issues to be considered in a divorce to include child custody, child and spousal support, and property division. As stated in our Uncontested Divorce section, attempting to enter into a separation agreement with your spouse and settle the divorce and surrounding issues outside of court is always the best place to start. Maryland encourages separation agreements as a peaceful means of terminating marital strife.  Unfortunately not all divorces can be settled and litigation and a final determination by the court become necessary. If you find yourself in this situation now or think you might in the future then there are probably some questions that you have as follows:

“What makes my divorce contested or uncontested?”

Your divorce is considered “contested” if you are filing for divorce on “fault” grounds or on separation grounds and you and your spouse do not have a separation agreement. Also keep in mind that while your divorce may begin as a contested matter, it could end up being settled by you and your spouse prior to the final court hearing, thus becoming an uncontested divorce. In fact, many cases that begin as contested matters find their way into settlement before the Judge has to make the final determination.

“What are the grounds for divorce in Maryland ?”

The Court will grant an absolute divorce on the grounds of : (1) adultery; (2) desertion, if: (i) the desertion has continued for 12 months without interruption before the filing of the application for divorce; (ii) the desertion is deliberate and final; and (iii) there is no reasonable expectation of reconciliation; (3) voluntary separation, if: (i) the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and (ii) there is no reasonable expectation of reconciliation; (4) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has: (i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and (ii) served 12 months of the sentence; (5) 2-year separation, when the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the application for divorce; (6) insanity if: (i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce; (7) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or (8) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

“How does the Court decide what to do with the marital property?”

Maryland is an “equitable distribution” state and therefore the court distributes the marital property in an equitable fashion. Keep in mind that an equitable fashion does not necessarily mean that the court will distribute the property completely equally but the court strives to achieve a fair distribution. The Court will consider the following factors when distributing the property:

1. (1) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
2. (2) the value of all property interests of each party; 
3. (3) the economic circumstances of each party at the time the award is to be made;
4. (4) the circumstances that contributed to the estrangement of the parties;
5. (5) the duration of the marriage;
6. (6) the age of each party;
7. (7) the physical and mental condition of each party;
8. (8) how and when specific marital property or interest in property was acquired, including the effort expended by each party in accumulating the marital property or the interest in property.
9. (9) the contribution by either party of property to the acquisition of real property held by the parties as tenants by the entirety;
10. (10) any award of alimony and any award or other provision that the court has made with respect to family use personal property or the family home; and
11. (11) any other factor that the court considers necessary or appropriate to consider in order to arrive at a fair and equitable monetary award or transfer of an interest in property.

“How will the court determine who gets custody of our children?”

There are many factors that the court is required to consider when determining which parent will have custody of the child or children and what the visitation schedules should be. Please see our custody section for more information.