Legal Question in Family Law in Maryland

Re: Uncontested Divorce.

There is no requirement that the parties be separated for any length of time if the grounds for divorce are uncondoned adultery or seriously abusive treatment defined as either "cruelty of treatment" or "excessively vicious conduct." Adultery may be considered to be condoned if the innocent party continues to live with the adulterous spouse. A twelve month separation is required if the grounds are voluntary separation, desertion, or conviction of a felony or misdemeanor where the sentence is at least three years and twelve months have been served. A two year separation is required where the grounds are an involuntary separation. If the ground for divorce is insanity of the other party, the insame spouse must be confined in a mental institution for three years before the claim for divorce is filed.

Re: Uncontested Divorce.

The grounds for divorce are the same whether or not there are other contested issues. If you've been separated voluntarily (by mutual consent) for 1 year, you have grounds. If one of you left the marital home without the other's consent, the separation period is 2 years. There are other grounds as well. Be aware that even if your spouse doesn't contest the divorce, you must produce a corroborating witness to the separation at the hearing in order to get the divorce.

Re: Uncontested Divorce.

The period of one year applies where the separation was voluntary. Two years applies where the separation is involuntary.

There are a number of issues that should be addressed during this period. Contact an attorney for assistance.

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