Divorce

     Separation and divorce can be disrupting and difficult time in your life, filled with doubt, fear, and uncertainty. However, with the help and support, of The Umeh Law Firm, LLC., it does not have to be. When terminating your marriage, we can help you:

• Decide which type of divorce you are eligible for (limited or absolute);
• Identify ground(s) for divorce;
• Divide and protect your assets; and 
• decide if support is appropriate in your situation.

TYPES OF DIVORCE

      In Maryland you may dissolve in marriage through a divorce and there are two types of divorces. A Limited Divorce and an Absolute Divorce. In a  couple’s separation is supervised by the court. A limited divorce does not end the marriage, it means that the divorce is not permanent. Some people call this legal separation. In an absolute divorce however,  the marriage is permanently terminated/dissolved. Once a decree of absolute divorce is issued and entered by the court, the parties are free to remarry. With the decree also comes to dissolution of all martial issues of the parties. Matters such as custody, future financial support payments, name change, and retirement and property interests may also be addressed in a divorce decree.

      GROUNDS FOR DIVORCE

No Fault Grounds

• 12-month separation is a “no fault” ground for absolute divorce. To file on the      grounds of a 12-month separation, you must have lived separate and apart without cohabitation, sexual relations, for at least 12 months prior to filing without interruption.
• · Mutual consent is the second “no fault” ground for absolute divorce. There is no waiting period to file on the ground of mutual consent, so long as you and your spouse can come to a mutual agreement.

Fault Grounds

     Fault Grounds in a divorce may be a factor in determining the right to alimony. Fault Grounds may also be a factor in awarding custody of the children only if the court determines that the behavior had a harmful effect on the children.

• Adultery is a fault-based ground for divorce. There is also no waiting period for adultery. If you can prove that the offending spouse had both the disposition and the opportunity for intercourse outside of the marriage. You must prove that your spouse committed adultery, extramarital sexual infidelity, beyond of a reasonable doubt as adultery is misdemeanor offense punishable by a $10 fine. 
• Desertion is a fault-based ground for divorce and it may be either an “actual” or "constructive” desertion.
  • Generally, in actual desertion, the deserting spouse abandons the marital home without justification. 
  • In  "constructive" desertion, the person who leaves is justified and the court will consider the leaving spouse the deserted one.
• Cruelty of Treatment and Excessively Vicious Conduct can also be a fault-based ground  for divorce and requires no waiting period. The alleging party must show      that the conduct endangered their life or health or their minor child and made cohabitation unsafe. Often, physical abuse is involved, but mental abuse can also be involved.
• Conviction of a Crime, is a fault-based ground of divorce. You must show that your spouse:
  • was convicted of a crime; AND
  • received a jail sentence of over 3 years (or an indeterminate sentence); AND
  • has served 12 months at the time of filing for divorce.
• Insanity, permanent and incurable insanity is a fault-based ground for divorce. You  must prove that:
  • the spouse has been confined in a mental institution, hospital, or other institution for at least three years prior to filing for the divorce; AND
  • at least two physicians competent in psychiatry testifies that the insanity is permanently incurable and there is no hope of recovery; AND
  • one of the parties has been a resident of Maryland for at least two years before filing for divorce.

Defenses to an Absolute Divorce

     For fault-based grounds in an absolute divorce, particularly when an adultery claim is made, an offending spouse can claim certain defenses. The defenses to fault-based divorce include:

• Condonation, in which the offending spouse claims that the other spouse forgave their bad conduct. 
• Recrimination, in which the offending spouse claims that the other spouse also behaved badly rising to the level of a fault ground. 

Reconciliation is no longer, on its own, a defense to a ground for divorce.

 DIVORCE ASSETS DIVISION

Marital and Non-Marital Property

     With a few important exceptions, “marital property” is all the property that you or your spouse acquired during the marriage. Marital property normally includes things such as bank accounts, houses, businesses, cars, furniture, appliances, stocks, bonds, jewelry, pensions, retirement plans, and IRAs acquired during the marriage. 

     Exceptions to marital property include gifts, gifted to only one of you from a third party; inheritances; mutually agreed upon items; or items bought solely with money from a gift, an inheritance, or money that you agreed was not marital property, such items are “non-marital property.”

    If you and your spouse cannot agree how to divide your property, the court will decide what is marital property, how much that property is worth, and each spouse’s portion. The court will also look at any marital debts (for example, mortgages and credit cards) when determining the value of the marital property. 

 FINANCIAL SUPPORT

Alimony (Spousal Support)

     Alimony is a recurring payment by a former spouse to another to allow a dependent spouse to become self-supporting. A former spouse may receive alimony payments either Pendente Lite (temporarily), Rehabilitative and/or indefinitely.

• Pendente lite, temporary alimony, is award between the time you file for and the      time the divorce is final.
• Rehabilitative alimony is the most commonly awarded alimony. It is usually granted for a relatively short period, 2 – 5years, to give the requesting party time to become self-sufficient, such as going back to school. 
• Indefinite alimony is a relatively rare type of alimony awarded with no specific end point. This may be granted because of your age, an illness, or a disability.

Alimony awards may be modified if requested and circumstances have significantly changed