The most common type of divorce in Maryland is a no-fault divorce based on the voluntary separation of the husband and wife.In order to be legally sufficient, the voluntary separation of the husband and wife must be for a minimum of one year.You are legally free to marry another person, if you wish.
Such an interpretation of the statute would largely emasculate its intent and effect.” Furthermore, “[i]t surely takes more than a mere separation of the parties to terminate the obligations incurred when the parties voluntarily entered into the marriage contract.” This has long been the law in our state, as our Court of Appeals opined nearly 60 years ago that the trial court in a divorce action can properly consider matters occurring after the divorce complaint has been filed, as long as such matters have been incorporated therein by amendment or supplemental complaint. Many clients find this perplexing because they feel that once a divorce complaint has been filed, that signals the end of the marital relationship.
NOTICE: None of these questions and answers constitute legal advice. This is especially important in divorce and family law matters, in which outcomes are often peculiar to the particular facts and circumstances of the case.
Generally, you are considered married until your divorce is final, and you cannot legally remarry before your current marriage is terminated -- even if you are in the process of divorcing.
If your client is under the impression that merely dating or keeping company with someone is acceptable because his or her spouse will be hard-pressed to prove that actual sex has taken place, he or she is wrong.
In this state it has long been held that it is unnecessary to have direct evidence of illicit intercourse and that adultery can be proven rather by a mere preponderance of circumstantial evidence. Adultery or otherwise inappropriate marital conduct committed after separation is indeed a ground for divorce.
Often, the court’s dissolution will include provisions for child custody, alimony and child support payments, and for the distribution of assets.