The state of Maryland grants 2 types of no fault divorces: limited divorce and absolute divorce. The later in Maryland possesses the following features:
• Permits the divorced spouses to remarry
• Formally terminates the marriage
The other type of no fault divorce in Maryland, a limited divorce, is a court-ordered separation. In this type of divorce, the partners are not permitted to remarry.
In the state of Maryland, there must be a voluntary and mutual separation for at least 1 year to secure a Maryland No Fault Divorce. The term “voluntary and mutual” indicates that both spouses agree with each other to separate. With this agreement there must be no coercion or threat and both must aim at dissolving the marriage. After a year of separation has passed, there must be no hope or expectation of reconciliation. Following this, it is then possible to receive an absolute no fault divorce in Maryland.
Advantages of a No Fault Divorce Maryland
• A Maryland no fault divorce requires only a separation to procure; because of this sole requirement the filing of a no fault divorce Maryland is expedited
• In a Maryland no fault divorce there is less antagonism between the divorcing couple
• If fault is claimed in the Maryland no fault divorce, it inspires the soupse to contest the grounds, thus paving the way for a lengthy legal battle. This process is both time-consuming and costly.
• When a ground for fault is claimed, the spouses are required to hire a divorce lawyer. Moreover, the divorcing spouse who claimed the fault may be unsuccessful in proving their claim.
Residency Requirements for a Maryland No fault Divorce:
To receive a No Fault divorce Maryland, the following residency requirements must be met. If the spouses fail to meet these requirements their application for a Maryland no fault divorce will be denied:
• At least one of the divorcing spouses must have lived in Maryland for at least 1 year before the date of filing the petition for divorce
• If the above residence requirement for a Maryland No Fault Divorce is not achieved, but the grounds for divorce have taken place in the state, the divorce may still be filed in Maryland.
Property Distribution in a Maryland No Fault Divorce Case:
The state of Maryland believes in equitable distribution among divorcing partners. The property that one spouse acquires prior to marriage; however, is regarded as “separate property” and is not eligible for distribution. To avoid the financial burden of divorce, the majority of divorcing spouses agree to the distribution of property before a court hearing.
Documents Needed for a Maryland No Fault Divorce:
There are two primary documents needed to begin and finalize the No Fault divorce process in Maryland. These are the Decree of Divorce and the Bill of Divorce. During the filing process, typically 10 to 20 state documents are needed. Some of the more crucial divorce documents are as follows:
• Request for a Divorce hearing
• Answer to a Complaint
• Financial Statement
• Marital Statement
• Certificate of Service
• Civil or Domestic Case Information Report