attorney, lawyer, custody, divorce, separation, alimony, property, Annapolis, Anne Arundel County, Prince George's County, Arnold, Edgewater, Severna Park, Queen Anne's County

Laura Penn Shanley, Attorney and Mediator
410-268-1106

170 West Street P.O. Box 3417 Annapolis, MD 21403 U.S.A. View Map
  • Phone:410-268-1106
  • Fax:410-268-0117
  • Email Us

Contact Us

Contact Us

* required

  1. *
  2. *
  3.  
  4. *
  5. *

Divorce
In Maryland, a court can grant two types of divorce. The first type of divorce is a limited divorce under which the court can decide issues regarding children, alimony and support including use and possession of the family home and family use personal property. A limited divorce is sometimes referred to as a legal separation.  A limited divorce may be granted on the following grounds:
  • cruelty of treatment of the complaining party or of a minor child of the complaining party;
  • excessively vicious conduct to the complaining party or to a minor child of the complaining party;
  • desertion; or
  • voluntary separation, if: the parties are living separate and apart without cohabitation; and there is no reasonable expectation of reconciliation. 
Md. Code Ann., Fam. Law § 7-102. Under a decree of limited divorce, the parties are still legally married and may not remarry, but no support is owed between the parties except as ordered by the court.

The other type of divorce is an absolute divorce under which the court can decide all issues involved in the marriage including child custody and support; alimony; use and possession; marital property determination, valuation and division; and pension division. An absolute divorce may be granted on the following grounds:
  • adultery;
  • desertion, if: the desertion has continued for 12 months without interruption before the filing of the application for divorce; the desertion is deliberate and final; and there is no reasonable expectation of reconciliation; 
  • voluntary separation, if: the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and there is no reasonable expectation of reconciliation; 
  • 2-year separation, when the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the complaint for divorce;
  • effective October 1, 2011, 1-year separation, when the parties have lived separate and apart without cohabitation for 1 year without interruption before the filing of the complaint for divorce;
  • 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: been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and served 12 months of the sentence;
  • insanity if: 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; 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 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;
  • cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or 
  • excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation. 
Md. Code Ann., Fam. Law § 7-103. After a decree of absolute divorce, the parties are no longer married, they may marry other persons, and, except as ordered by the court or agreed by the parties, they are not entitled to any part of the estate of the other.

In order to obtain a divorce in Maryland, you must provide to the court testimony and evidence sufficient to prove all of the elements of one of the above grounds. In almost all circumstances, your testimony must be corroborated by at least one witness.

If you would like to schedule a consultation to discuss your specific circumstances, please contact me.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Laura Penn Shanley website is powered by LexisNexis® Martindale-Hubbell®. || Sitemap