Towson Divorce Lawyer | Grounds For Divorce | Absolute Divorce.
ABSOLUTE DIVORCE IN MARYLAND
About Amar S. Weisman
For 17 years, Amar S. Weisman has managed more than 1,750 divorce, child custody, child support and domestic violence matters, primarily in the Circuit Court for Baltimore County & surrounding jurisdictions. By focusing on domestic litigation and developing local roots, Mr. Weisman has developed expertise in how divorce, child custody, child support, and domestic violence matters are adjudicated in the County Courts Building.
- EXPERTISE.COM: 12 Best Divorce Lawyers in Baltimore, 2021-2024
- ATTORNEY AND PRACTICE MAGAZINE: Top 10, Family Law, MD, 2019-24.
- AMERICAN INSTITUTE OF FAMILY LAW ATTORNEYS, Top 10, Client Service:2024, 2023, 2022, 2021, 2020, 2019, 2018, 2017 & 2016, American Institute of Family Law Attorneys
- GOODFIRMS: #16 Law Firm in Maryland
- AVVO: 10/10 "Supurb" Rating
- GOOGLE: 4.7/5.0 Rating
- GRADUATE: Georgetown University; University of Baltimore School of Law.
Absolute Divorce Is "The Divorce"
Under Maryland Family Law, the only divorce that severs the marital ties and dissolves the marriage permanently is an absolute divorce, which can only be awarded to the extent that grounds for divorce exist. The other type of divorce, a limited divorce, allows parties to live separately and apart but should not be confused with a legal separation that does not exist under any Family Law statute in this state. In addition, unlike limited divorce proceedings, absolute divorce allows the Court to divide marital property. There is no such thing as a legal separation in Maryland.
Major Changes to Maryland Divorce Law
Effective October 1, 2023, the grounds for absolute divorce have changed. Pursuant to Md. Code Ann., Fam. Law § 7-103, the grounds for divorce are:
- Irreconcilable differences based on reasons stated in the Complaint for Absolute Divorce. What constitutes irreconcilable differences has not been tested in the case law because the ground for divorce only exist effective October 1, 2023.
- Six-Month Separation if the parties have resided separate and apart for six months without interruption prior to the filing of the Complaint for Absolute Divorce.
- Mutual Consent, provided the parties submit a written separation agreement addressing all of the required issues, including alimony, marital property, and custody of any minor children of the marriage.
The Old Grounds for Divorce Are Not "Gone"
The old grounds for divorce, including cruelty of treatment and excessively vicious conduct, and adultery, are still relevant because the circumstances of the separation and reasons for the divorce are still factors for awarding alimony and dividing marital property.
Requirements to Obtain an Absolute Divorce
In Maryland, you cannot obtain an absolute divorce without filing a Complaint for Absolute Divorce in the Circuit Court, serving it, receiving an answer, and appearing for a hearing in front of a judge or family law magistrate; usually, the process involves more. An absolute divorce completely severs the marital bonds so that all real property (usually the marital home) and personal property issues are resolved with finality, and the parties are free to marry again. This is different than a limited divorce, which neither resolves property issues nor allows parties to remarry. Spousal Support is typically resolved alongside absolute divorce. In addition, when an absolute divorce is granted, the form of property ownership most common to marital homes, known as tenants by the entireties, is also eliminated.
When considering whether to file for an absolute divorce, remember that the burden of proof falls on the party that asks the Court for a final divorce (the Plaintiff). In cases where both parties are equally guilty of the alleged marital offense, then both parties are NOT entitled to an absolute divorce from one another. As a practical matter, the only Court that can award a final divorce is a Circuit Court like the Circuit Court for Baltimore County. The Law Offices of Amar S. Weisman use the facts and the law to protect our clients in absolute divorce proceedings in Towson. If there are minor children in the marriage, child custody must also be determined, including legal and physical custody.
As a domestic relations attorney who has been practicing in Towson for 12 years, I know how to prepare a Complaint for Absolute Divorce or Counter-Complaint for Absolute Divorce, acquire evidence, including establishing marital property interests, and represent clients at a variety of court hearings concerning adultery, desertion, twelve-month separation, insanity, cruelty/excessively vicious conduct and mutual consent. The most common grounds for absolute divorce are twelve-month separation and mutual support.
Call (410) 321-4994 For a Consultation With Towson Divorce & Child Custody Family Lawyer Amar S. Weisman.
The family firm is located near The Circuit Court for Baltimore County at 1018 Dulaney Valley Road, 2nd Floor. When you Exit 695 onto Dulaney Valley Road, The Law Offices of Amar S. Weisman, LLC is the first house on the right. We represent clients throughout the Baltimore metropolitan area, including Aberdeen. Abingdon, Annapolis, Baldwin, Baltimore, Bel Air, Carney, Catonsville, Cockeysville, Dundalk, Edgewood, Essex, Garrison, Glen Burnie, Hampton, Hunt Valley, Hydes, Lutherville, Mays Chapel, Middle River, Owings Mills, Parkville, Perry Hall, Ruxton, Severna Park, Timonium, Towson, Westminster, and White Marsh.
