Residency
In order to file for divorce, the court must have jurisdiction over the case. In the state of Maryland, a residency requirement must be met. If the requirement is not met, the court will not accept the case.(a) Residence requirement- If the grounds for the divorce occurred outside of this State, a party may not apply for a divorce unless 1 of the parties has resided in this State for at least 1 year before the application is filed. (Maryland Code: Title 7, Subtitle 7-101)
Grounds for Filing
In the state of Maryland the grounds which are those that are agreed upon and substantiated by both parties or those presented by the filing spouse to the court must be declared in the Bill for Divorce.(a) Grounds for absolute divorce.- The court may decree an absolute divorce on the following grounds: (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; (ii) the court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and (iii) 1 of the parties has been a resident of this State for at least 2 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. (Maryland Code: Title 7, Subtitle 7-103)
Terms
- Filing Spouse: The Plaintiff or Petitioner is the marital party that files for the Bill for Divorce.
- Non-Filing Spouse: The Defendant or Respondent is the marital party that receives the Bill for Divorce.
- Court Name: In the state of Maryland, this is the Circuit Court of the county where the Bill of Divorce is filed. The court will have jurisdiction over the case.
