Divorce

There are two types of divorce— absolute and limited. An absolute divorce, (also called a "divorce a vinculo matrimonii") is a judicial termination of a marriage based on marital misconduct or other statutory cause arising after the marriage ceremony. As a result of an absolute divorce both parties' status becomes single again.

Maryland's jurisdictions' statutes authorize limited divorces, or "divorce a mensa et thoro." The consequences of limited divorces vary from state to state. Typically, a limited divorce is commonly referred to as a separation decree; the right to cohabitation is terminated but the marriage is undissolved and the status of the parties is not altered. Typically what happens in Maryland is that a "pendenti Lite" order is entered.

Maryland has enacted what is called mutually and voluntary divorce. This is a response to outdated common law divorce which required proof in a court of law by the divorcing party that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. This entailed proving that the spouse had committed adultery, or some other unsavory act. No-fault divorce eliminates this potentially embarrassing and undesirable requirement by providing for the dissolution of a marriage on a finding that the relationship is no longer viable.

Practically speaking, in order to conclude a divorce all issues must be concluded, i.e., all property issues, custody issues, potential use and possession issues, potential alimony issues, child support issues, etc… It is a “process” and can take time unless the divorce is a “simple divorce” which means that the parties have worked out many of the issues and may want to reduce them to a signed “separation and property agreement”. This drastically shortens the time involved and avoids litigation.

My office has handled thousands of divorces, custody matters, separation agreements, alimony issues, use and possession issues, property issues and child support issues.

It is imperative that you consult a competent lawyer to determine what is the best path for you to proceed. Knowledge and experience make a difference. Call my office and set up a time to discuss it – I’ll try to help you.

Custody

In the case of divorce, generally, the court having jurisdiction of the divorce proceedings also determines who shall have custody of children from the marriage. (The authority to do so is considered part of the original jurisdiction of the court, and not as a new authority being conferred upon them.) Under the common statutory provision, the parents of a child born within a marriage are joint guardians of that child and the rights of both parents are equal.