Frequently Asked Questions about Divorce

1.       What is divorce?

A legal process, which leads to dissolution of a marriage.  If you are not able to decide between the both of you how best to divide the property, child custody, spousal, and child support a court will decide for you.

2.       What is Spousal Support?

Sometimes referred to as alimony, it is an amount of money awarded to one of the parties which is payable once a month.  Spousal support may be temporary or rehabilitative or it may be permanent if the spouse is older and circumstances for that spouse having the ability to support himself or herself is difficult or null.  The court will consider a number of factors, including but not limited to health, length of marriage, ability of the spouse to support themselves and earning capability

3.       How about my property?  How will it be divided?

Maryland is an equitable distribution state.  This means that the court will divide the marital property based on what is fair and equitable.  Marital property is property acquired during the length of the marriage, excluding gifts and inheritances.  Any property that was purchased or brought into the marriage by either party is not considered marital property.  Equitable distribution takes into account that one party may not have contributed monetarily to the union, yet raised the children and contributed mentally and physically to the maintenance of the household.  The reason for the divorce along with child custody is also taken into account.

4.       If there was abuse involved will you be charged with desertion if you leave the marital home?

Spousal abuse is a criminal act.  If you leave your home because of abuse, you have a ground for divorce, which is called “constructive desertion”.  This is when you are forced to leave the home due to abuse.

5.       Can I date during my separation?

Separation does not protect either party from one of them charging the other with adultery.  Remember, any inclination or conceived opportunity may be used against you.

6.       What is the difference between “no fault” and “fault” divorce in Maryland?

A no fault divorce is when both parties agrees to a separation of from six months to a year, live in separate homes and without sexual intimacy.  A fault divorce is when one of the parties has committed an act, which would cause the other party to request a separation.  These grounds can be adultery, cruelty of treatment, excessively vicious conduct, desertion for 12 months, conviction of a crime and jail sentence of three years or more or permanent and incurable insanity.

7.       How long will my divorce take?

This will depend on many different circumstances.  The least amount of time you can expect is when both parties agree to a separation (1 year in the state of Maryland) and agree to the terms of the divorce, (alimony, child support, insurance issues etc.).  At the end of a year, the case will be heard before a master or judge depending on when their calendar is open and the divorce will be granted.  However, in a fault divorce or if there is a question or disagreement as to the terms of the divorce then proceedings have the potential to linger on for years.  It is always in the best interest of both parties to come to at least some type of agreement prior to the proceedings to save unnecessary emotional and financial stress.