A. David Zerivitz, P.A.

Divorce and Separation

If you are facing a divorce or a separation, you probably have many questions. The law governing these issues is complex and ever changing. Agreements you enter into can govern your rights and affect your finances for years to come. An experienced attorney can protect your rights at every stage, arming you with the information you need to make appropriate decisions.

Separation agreements

You and your spouse may decide to live apart before initiating divorce proceedings. Your rights during this separation period may be governed by a separation or settlement agreement. This documentnegotiated on your behalf by your attorneyis binding on both parties. It can establish your rights regarding the division of your property, alimony, child support, and visitation.

Grounds for Absolute Divorce

Maryland provides for two different kinds of divorce. A limited divorce is not permanent and does not provide for a final division of property. It also does not allow for remarriage. It is essentially a court-governed separation. The grounds for a limited divorce include the following:

-Desertion
-Cruelty toward spouse or child
-Uninterrupted separation for 12 consecutive months

An absolute divorce dissolves the marriage, provides for a final division of property, and allows for remarriage. The grounds for an absolute divorce in Maryland include the following:

-Adultery
-Uninterrupted desertion for one year, without the expectation of reconciliation
-Uninterrupted separation for 12 consecutive months
-Cruelty of treatment toward spouse or child
-Excessively vicious conduct toward spouse or child
-One spouse receiving an indeterminate jail sentence or a sentence of three years or more and serving at least 12 months in jail
-Permanent and incurable insanity

There are two defenses to an absolute divorce: recrimination and condonation. Recrimination means that the other spouse also engaged in an activity that was grounds for an actual divorce. Condonation means that the other spouse forgave the conduct that gave rise to the grounds for divorce.

Marital property

Marital property includes all property acquired by either spouse during the marriage, regardless of whether property is titled in one name or the other. However, it does not include property obtained during marriage through a gift from a third party or through an inheritance. It also does not include property owned by either spouse prior to the marriage. One of the decisions to be made during a divorce or separation is how to distribute the marital property. It is very importantparticularly if the property includes pension or retirement fundsthat you seek the advice of your own legal counsel before signing any papers agreeing to the distribution of your marital property.

Alimony

Alimony includes periodic payments from one spouse to the other for ongoing support. Either spouse may seek alimony from the other. Just because a spouse is guilty of a ground for divorce does not mean that he or she may not be eligible for alimony. Before you sign any agreement establishing your right to receive or your obligation to pay alimony, you should consult with your own attorney. You will likely be bound forever by any agreement you sign.

Premarital, Postmarital and Domestic Partnership Agreements

A Premarital Agreement is a legally binding contract between two people who intend to marry that determines property and support rights upon divorce or upon death of a spouse. A Postmarital Agreement is a contract between a husband and wife that determines their property rights upon divorce or death, as well as obligations from one to other regarding spousal support. A Domestic Partnership Agreement is a contract between unmarried parties that makes provision for support upon dissolution of the partnership or death.