Maryland Divorce Laws

Maryland Divorce Laws regarding Spousal Support

The Family Law, Sections 11-101 and 11-106 are used in solving the issue of spousal support. In this state, the Court contemplates over the following issues before finalizing on this award –

• The economical resources and economical needs of both partners
• Presence of any agreement amongst the partners
• The capacity of the partner from whom spousal support is expected to fulfill self needs after paying the support
• The mental and physical state and age of each partner
• The conditions that caused the rift between the partners
• The non-monetary and monetary input of each partner towards the well-being of the family
• The period of marital life
• The standard of living enjoyed in marital life
• The period essential for the parties to obtain enough education and training to have proper employment
• The capacity of the partner requesting spousal support to be partially or completely self supporting
• If the grant of the award would result in the partner, from whom spousal support is demanded and who is a occupant of a related institution as mentioned in 19-301, to be eligible for medical assistance earlier than would normally take place

Maryland Divorce Laws regarding Property Distribution

When the divorcing partners fail to reach any sort of agreement regarding property distribution, then the marital estate is separated by the Court in equitable and not essentially equal manner. Family Law 8-205 is observed while determining distribution of property. The factors taken into account while making the decision are as follows –

• The value of spousal support that has been awarded
• The manner in which the marital property was attained
• The mental state, physical condition and age of both the partners
• The period of marital life
• The misconduct due to which the parties got separated
• The financial conditions of each partner
• The valuation of the gross property of both partners
• The non-monetary and monetary inputs of both partners to the marital estate
• Any other issues which the Court thinks are relevant

Child Custody

The Family Law Sections 9-103, 9-101 and 5-203 are followed while deciding child custody. The Court can grant joint custody to both parents or custody to either parent. In case the Court has enough reasons to conclude that the parent has neglected or abused the child in the past and this behavior may continue, then this parent is denied visitation or custody rights. However, a supervised visitation arrangement is possible which ensures the safety of the child and the emotional, psychological and physiological welfare of the child. A child who has completed 16 years of age or is older than 16 years can file a petition for alteration of custody.

Change in name

The issue of change in name is decided as per family law 7-105. Both the partners can make a request to restore their maiden name or former name after the divorce.

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