What Makes Divorce in Maryland Unique?

When you are getting divorced in Maryland, it’s important to understand the distinctions of the law, which is where a qualified Maryland divorce attorney can help.

Key Takeaways:

• Maryland is an equitable distribution state, meaning that your marital property will be divided fairly rather than strictly evenly.
  
  

• In order to apply for divorce, you and your spouse must be separated for at least six months except in certain special cases.
  
  

• There are other aspects that make divorce in Maryland unique, including standards related to alimony and child custody. 

Getting divorced is not a one-size-fits-all process. Different couples have different circumstances and, therefore, different needs, different goals, and different strategies that will benefit them. What many might not realize, however, is that divorce is not the same in every state, which means that unique considerations are in order depending on where the divorce takes place.

In Maryland, the divorce process, as well as outcomes like alimony and custody decisions, have certain distinctions from other states. In order to properly navigate procedures and create strategies that align with your goals, it’s important to understand what makes divorce in Maryland unique. 

At Z Family Law, we help guide clients through their divorces, including complex divorces involving small children, large families, valuable assets, and multiple properties. Our thorough understanding of Maryland divorce law enables us to help our clients address their individual needs through personalized care. 

We have created this blog to give our readers a crash course in the considerations they need to successfully divorce in Maryland–read on to discover more!

Maryland is an Equitable Distribution State

Though other states are what is known as community property states, Maryland instead follows the model of equitable distribution. In a community property state, marital property (that is, assets acquired during the course of the marriage) is divided equally down the middle so each spouse gets half. 

However, in an equitable distribution state like Maryland, property is divided based on what the court determines to be fair rather than what is strictly even. In a system such as this one, one spouse might be entitled to a greater share of the assets. For example, if one spouse has a lower income or earning capacity or contributed more to the marriage or has primary custody of the children, the court might see it fit to award them a greater asset portion. 

Since these decisions are so circumstantial, it is best to speak with a lawyer regarding your claim and how to optimize it. 

Maryland Employs a 6-Month Separation Requirement

When you get divorced, Maryland requires a separation period of six months before you can file your application. There are certain exceptions, such as situations in which there is mutual consent for the divorce (which requires that both parties have agreed, in writing, on all issues related to the dissolution of their marriage) or when one spouse alleges fault-based grounds involving abuse or cruelty. 

However, in other cases, the couple must have been separated and/or living apart for at least six months, whereas other states require a shorter separation period or do not require one at all. Maryland law does not require that couples live in separate residences to be considered separated; only that they “pursue separate lives”. After six months of separation without interruption, the couple file an application for divorce on the grounds of irreconcilable differences.

No Strict Formula For Alimony

Whereas some other states have a formula that allows them to decide how alimony is awarded, Maryland takes a more personalized approach to assigning alimony. Recognizing that different circumstances call for different solutions, Maryland does not employ rigid guidelines in making alimony decisions. Instead, alimony is awarded based on the level of need versus the ability of a spouse to pay. By giving individual attention to each case and taking into account what makes each circumstance unique, this approach ensures that no one gets left behind in alimony decisions.

If you are concerned about the prospect of alimony, whether because you need the support to transition into your new lifestyle or because you are concerned that you will have to pay alimony that will eat into your budget, speak with your legal team to better understand your options. 

Create a Marital Settlement Agreement

Maryland courts encourage divorcing couples to create a marital settlement agreement where couples can negotiate their own terms for property division, alimony, and child custody. These agreements can give you greater control over the results of your divorce so that you don’t have to rely on decisions by the court. Though these types of agreements exist in other states, Maryland courts encourage a high level of cooperation between spouses rather than relying on verdicts by a judge.

There are situations in which creating a marital settlement agreement would not be considered beneficial such as if the divorce involves allegations of abuse. Speak with your lawyer about your options for creating these types of personalized settlements. 

Courts Emphasize Joint Custody

When Maryland courts decide child custody, they emphasize the best interest of the child standard above all else. This standard means that the court will always make decisions that support the best interest of the child at all times, as opposed to other standards such as the preference of the parents. 

The courts make decisions with the belief that maintaining a relationship with both parents serves the child’s best interest. Therefore, courts try to prioritize joint custody decisions even in cases where divorces and family relationships are difficult. Though there are some cases in which it would be harmful for a child to maintain a relationship with a parent, such as in cases of abuse, in most cases the court will give both parents some level of custody over the child. 

Z Family Law Can Guide You Through Divorce in Maryland

At Z Family Law, we offer compassionate service in addition to in-depth understanding of family law in Maryland. Our experience helps you meet your goals when it comes to divorce, guided by personalized strategies we create in collaboration with you. No matter the circumstances of your divorce, Z Family Law can help you create the next chapter of your life. 

If you are ready to get started, reach out to schedule a free case evaluation and learn more about how we can support you throughout the process.