Divorce in Anne Arundel and Prince George’s Counties in Maryland
Divorce can be a difficult process. Emotions can run high and tempers can flare. The attorneys at Patel & Williams, PLLC, are available to provide you with guidance and aggressive representation to protect your legal rights throughout the divorce process.
There are two types of divorces under Maryland law: no-fault and fault.
No-Fault Divorce
The spouse seeking a divorce in Maryland must prove that he/she has been separated from his/her spouse for at least one year irrespective of whether the separation was mutual and voluntary or involuntary. In order to establish “legal separation” for purposes of a no-fault divorce, the parties must live in separate houses and refrain from engaging in sexual relations for the entire 1-year separation period.
The divorce complaint must be filed in the circuit court for the county where the spouse filing for divorce lives or where the other spouse lives, works or owns a business.
Fault Divorce
When one spouse requests that a court grant a divorce based on some fault of the other spouse, he/she is seeking a fault divorce. The most common grounds for a fault divorce are:
- Adultery
- Desertion
- Constructive Desertion
- Conviction of a Felony
- Cruelty of Treatment
- Excessively Vicious Conduct
- Insanity
The required separation period for divorce depends on the grounds for divorce.
Adultery
Direct evidence of sexual relations with another person is not required to prove adultery; rather, circumstantial evidence is sufficient. In order to prove adultery, the evidence must show that the alleged adultery had the inclination and the opportunity to commit adultery. A complaint for divorce based on adultery may be filed at any time after separation.
Desertion
Actual desertion occurs when one spouse leaves the marital home with the intent to end the marriage. A divorce on the basis of desertion requires a separation period of at least 12 months.
Constructive Desertion
Constructive desertion is a ground for divorce where the conduct of one spouse compels the other spouse to leave. Conduct that renders continuation of marital cohabitation with safety, health, self-respect impossible may justify divorce on the basis of constructive desertion. A divorce on the basis of constructive desertion requires a separation period of at least 12 months.
Conviction of a Felony
A spouse may assert this fault-based ground if the other spouse has been convicted of a felony or a misdemeanor, he/she has been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution, and he/she has served 12 months of the sentence prior to filing a complaint for divorce.
Cruelty of Treatment
Cruelty of treatment encompasses mental as well as physical abuse. Cruelty is defined as conduct endangering the life, person or health of a spouse or minor child or causing reasonable apprehension of bodily suffering. A complaint for divorce based on cruelty of treatment may be filed at any time after separation.
Excessively Vicious Conduct
Excessively vicious conduct is defined as evil, corrupt or depraved conduct. Assault, battery or physical violence is not required to assert this ground for divorce. A complaint for divorce based on excessively vicious conduct may be filed at any time after separation.
Insanity
In order to obtain a divorce based on insanity, the insane spouse must have been committed to a mental institution for at least 3 years, and one of the spouses must have been a resident of Maryland for 2 years. The spouse seeking a divorce based on insanity must provide proof of incurable insanity from testimony of two psychiatrists.
If you are considering divorce in Maryland, contact the attorneys at Patel & Williams for a consultation.