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Common Questions

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RESIDENCY REQUIREMENTS

There is a six month residence requirement in the State of Maryland for the filing spouse, if the grounds for divorce occurred outside of the state. Otherwise there is no minimum residency requirement.

GROUNDS Maryland recognizes fault and no fault grounds for divorce. No-fault grounds includes (1) 12–month separation, when the parties have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and (2) Mutual Consent, when the parties have no minor children, all issues of property, debt and spousal support have been agreed and both parties attend the final hearing.

The State of Maryland recognizes adultery, cruelty, excessively vicious conduct toward the complaining party or a minor child of the complaining party, insanity, willful desertion for one year and conviction of a felony as fault grounds for a divorce.

CHILD CUSTODY

Joint legal custody is not always awarded in a contested situation, but can be agreed upon by the parties. The court will consider the best interests of the child, as well as any agreement adopted by the parties, when determining joint and physical custody.

CHILD SUPPORT

Maryland’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating child support figures. Child support will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.

VENUE

The divorce should be filed in the county where the plaintiff resides, or where the defendant resides, is regularly employed or has a place of business.

MEDIATION

The court shall enter an order requiring the parties to mediate the custody or visitation dispute if it is determined that mediation is reasonable. The parties may voluntarily choose to mediate their disputed issues, so that they may proceed in court on an uncontested basis.

FILING FEES

Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.

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