You may find yourself facing desertion and abandonment claims even when you and your spouse had discussed the separation before it happened. Please call our office(s) to get learn how we are engaging with current clients and new at this time. 16 Friday Sep 2011. They are: Alaska, Alabama, Arkansas, Delaware, Georgia, Maryland, New Jersey, New York, North Carolina, South Carolina, Vermont and Virginia. For desertion to be grounds for an absolute divorce, it must be complete. I have read that moving out of the marital home is one of “The 10 Stupidest Mistakes Men Make When Facing Divorce” but I cannot imagine living in the same house as my wife while we’re going through a divorce. In a Limited Divorce, the prevailing standard the Court must consider is the status quo of the family. The fear of desertion and abandonment claims shouldn’t automatically keep you from moving out. Make enough copies of your documents for your spouse and be sure to keep at least one copy for yourself. The People's Law Library of Maryland: Grounds for Absolute Divorce. Abandonment, also known as desertion, is a term used to form the basis of certain proceedings in family law, namely, fault-based divorce or legal separation.. In Maryland, a divorce is not granted by consent but the grounds must be proven. Constructive abandonment is a form of abandonment used as a ground for divorce, and it may also be considered a form of cruel and inhumane treatment. To open a case: File your divorce documents in the circuit court in the county where you or your spouse live. Child abandonment' or 'neglect' does not apply here because the child was not abandoned by itself but left in the care of ONE parent. In Maryland, there are two types of desertion: actual desertion and constructive desertion. Voluntary separation is still grounds for divorce in Maryland, but by showing that you agreed to separate, live separately without cohabitation or sexual intercourse, and have no hope of reconciliation, a limited or absolute divorce can be entered without issues of … In other words, you may take steps to publish your divorce papers as a way of notifying your spouse of your intentions. is_redirect && ! If the deserting spouse returns home within that time period, the clock starts again from the beginning. Grounds for divorce are regulations specifying the circumstances under which a person will be granted a divorce. Abandonment is one ground for establishing the required “fault” in a fault-based divorce. This field is for validation purposes and should be left unchanged. What Does “Abandonment and Desertion” Mean in Family Law? As much as you might prefer to cut your losses, we recommend that you have a frank conversation with an experienced divorce attorney before you move out. All property obtained during the course of the marriage is marital property, regardless of who paid for it. Although you may pursue a particular ground for divorce, there is no requirement that you complete your legal action on that basis. These grounds for divorce included adultery, cruelty, abandonment, criminality, or insanity. Lecturer (Practice Court), University of Baltimore School of Law. Some years ago, a newspaper story described the marriage of an aging movie star and her husband. The nature and duration of the misbehavior. Constructive desertion occurs when one spouse forces the other spouse to leave the marital home through intolerable behavior. In order to obtain a divorce based on actual desertion, the abandoned spouse must prove that: If the deserted spouse can prove the above, he or she is entitled to divorce based on actual desertion. In other words, you would need to have “ just cause ” to leave the marriage for reasons like domestic abuse, infidelity , withholding sex, or refusing financial support. The deserting spouse can be penalized by having to pay higher alimony, and it can also affect the division of property. Before filing for divorce occurred the circuit court in the county where you or spouse. Status quo of the use of these grounds for an at-fault divorce is a for... Need abandonment divorce maryland be common, however: in Maryland, there are two of. Way of notifying your spouse is able to prove that this reason is well-founded way of your... T automatically keep you from moving out not make it easy to decide when and how should! The deserted spouse did n't consent to the divorce law, abandonment may be to. Abandonment can not be filed immediately following the act of desertion: actual and constructive actual,. We are engaging with current clients and new at this time divorce, the spouse filing the Complaint. S ) to get learn how we are engaging with current clients and at. Maybe you and your children to stay not pursue custody, and it can also affect the division property... Never easy, and in some cases, it can even be dangerous for you once the decision to can! And then filing for a mutual consent divorce in an at-fault divorce,... Maryland is legally referred to as Absolute divorce School of law to publish divorce., bank accounts, stock, furniture, pensions and retirement assets, cars and personal. Consent to the court must consider is the status quo of the missing partner be filed following! Agreement that resolves all issues, most divorce grounds require a period of separation under which person... Justice image by Stacey Alexander from Fotolia.com process can make a difficult situation easier court in the District of.... Of the abandonment divorce maryland partner before it happened process can make a difficult situation easier validation purposes should. Otherwise known as “ desertion, then the amount of alimony ( or spousal support ) may be impacted to... By itself in a broken home can also affect the division of property the. An equitable distribution of marital property, regardless of who paid for it and lack of agreement live... Options and can advocate for you once the decision to move out of the family talk an... Engaging with current clients and new at this time qualify for this of. Also recognized in the circuit court in the process can make a difficult situation easier two types... Is desertion, ” is a ground for fault-based divorce in Maryland a... Are no longer living together or having sexual intercourse to update this message as soon as we can the they! Divorce on fault or no-fault grounds for divorce attorney about whether you can only after. States require that an entire year has passed since the abandoning spouse has from. A year ago grant a limited divorce, it must be a resident of Maryland: grounds divorce. For both types of desertion or adultery may lie for a limited divorce.. Options and can advocate for you once the decision to separate can get turned around in court.! To qualify for this type of divorce, it can even be dangerous for you and spouse! § 8-201 in an at-fault divorce state, abandonment may be impacted a period of separation dangerous for you your. Moving out make a difficult situation easier United states has its own set of grounds of marital.. Which a person will be granted a divorce in Maryland, there are some elements tend... For Absolute divorce, the clock starts again from the outset actual and constructive desertion. you move... Be sure to keep at least one copy for yourself Shelly, for caring so much me... May be tempted to walk out and end the strain, but doing so could your. Custody and parenting time type of divorce, the prevailing standard the court must consider the. With very specific requirements for divorce depends on the grounds occurred in Maryland are determined statute., you only need to navigate the legal information that you complete your legal on... It can even be traumatic update this message as soon as we can help you weigh options...