Category Archives: Divorce
How Does Maryland Law Address Prenuptial Agreements?
A prenuptial agreement is a contract that future spouses execute before they get married. Most prenuptial agreements protect one spouse’s assets and property from the other spouse. If the spouses ever get divorced, a valid prenuptial agreement overrides the usual rules concerning property division. In certain cases, prenuptial agreements can dictate the future terms… Read More »
What Happens if Divorcing Spouses Cannot Agree on Property Division?
In terms of property division during a Maryland divorce, it is increasingly common for the spouses to enter into a marital separation agreement. By negotiating the exact distribution of all marital property, the spouses can avoid a potentially ugly battle in court. If the spouses cannot come to a mutual agreement concerning their shared… Read More »
5 FAQs About Alimony in Maryland
The following sections will provide answers to five frequently asked questions about alimony in Maryland. What is the Purpose of Alimony in Maryland? Alimony is a type of spousal support payment that is available during and after divorce. These support payments are designed to address economic imbalances between the divorcing spouses. On a larger… Read More »
7 Grounds for Absolute Divorce in Maryland
Under Maryland Family Code 7-103, there are several grounds for which a Maryland court may declare an absolute divorce and dissolve a valid marriage. The following sections will provide an overview of seven different grounds for absolute divorce in Maryland. Adultery A Maryland court may declare an absolute divorce based on adultery. The faithful… Read More »
6 Key Provisions of Marital Separation Agreements in Maryland
During a Maryland divorce, it is possible for the spouses to simplify the process and execute a marital separation agreement. If the spouses can reach mutual agreement on a number of important terms, then divorce can be as simple as signing a contract in Maryland. While each marital separation agreement is different, most of… Read More »
How Does Maryland Define Family and Marital Property?
In order to establish clear guidelines for property division during a divorce, Maryland employs several definitions for family and marital property. As highlighted in Code of Maryland 8-201, there are three types of property that are important during the divorce process — family home, family use personal property and marital property. Before progressing any… Read More »
Limited Divorce vs. Absolute Divorce in Maryland
There are two different types of divorce in Maryland — limited divorce and absolute divorce. While many characteristics and requirements are the same for both types of divorce, there are notable differences between these legal devices. Limited Divorce in Maryland As established in Maryland Family Code 7-102, a state court can declare a limited… Read More »
How Does Maryland Divide Marital Property During a Divorce?
When a married couple goes through the formal divorce process in Maryland, the court decides on a fair and balanced “equitable distribution” arrangement for property division. This is different from the “community property” approach in certain U.S. states — where the court simply divides all of the married couple’s assets in half. In Maryland,… Read More »
Prenuptial and Postnuptial Agreements in Maryland
In modern times it is increasingly common for spouses to enter into a prenuptial and postnuptial agreements. In most cases, these agreements serve to protect the finances of one or both spouses. To provide a broad overview of this topic, the following sections will break down important characteristics of prenuptial and postnuptial agreements under… Read More »
Void and Voidable Marriages in Maryland
The topic for examination today centers on a commonly misunderstand section of Maryland family law – void and voidable marriages. As the following sections will explore, void and voidable marriages are not considered legal marriages. Under certain conditions, a court of law may declare such marriages invalid. Void Marriages in Maryland Void marriages are… Read More »
