An Absolute Divorce dissolves the marriage, permits remarriage, is permanent and settles all property claims. A "Limited Divorce" does not dissolve the marriage or settle property claims. It serves only to legalize the separation and provide for temporary spousal support, temporary child support etc.

The grounds for an Absolute Divorce are as follows:

a. Adultery (no waiting period to file, usually proven by circumstantial evidence).

b. Desertion, if:

1. The desertion has continued for twelve months, without interruption before the filing of the complaint for divorce.
2. the desertion is deliberate and final.
3. there is no reasonable expectation of a reconciliation.

**Maryland case law requires that it must be proven that the abandoning spouse left the marital home with the intention of permanently not return.

c. Voluntary Separation if:

1. The parties voluntarily have lived separate and apart without cohabitation for twelve months without interruption before filing for divorce.
2. There is no reasonable expectation of reconciliation.

d. Conviction of a Felony if: conviction was in any state or in any court of the United States if before the filing of the application for divorce the defendant has been sentenced to

1. serve at least three years or an indeterminate sentence in a penal institution; and
2. served twelve months of the sentence.           

e. Two year separation, when the parties have lived separate and apart without cohabitation for two years without interruption before the filing.

f. Insanity if the insane spouse has been confined in a mental institution, hospital or other similar institution for at least three years before the filing of the complaint for Absolute Divorce.

1. two psychiatrists testify that the insanity is incurable and there is no hope of recovery and,                   
2. one of the parties has lived in Maryland for at least two years.     

g. Cruelty of treatment/Vicious Conduct: Effective October 1, 1998 these new grounds have been added. No waiting period before filing for Absolute Divorce.

Adultery is usually proven through what is called "indirect" evidence. Examples would be: testimony from a private detective that he saw a man matching the description of your spouse enter a motel with a woman who is not related, that he placed a coin on the tire of his car underneath the fender weld; and, the next morning when the private detective returned, the coin was still on the tire. Other examples: testimony from a witness that she/he saw your spouse holding hands with another person of the opposite sex in a movie theater, etc.

Yes. The Maryland courts consider the condo as "marital property." Under the Maryland Marital Property Act, each spouse has an interest in property that was acquired after the marriage, regardless of title UNLESS the property was acquired through: (1) a gift during another person's lifetime (2) inheritance or (3) the property acquired was properly excluded by a valid, written agreement (Examples: Marital Separation and Property Settlement Agreement or Pre-Nuptial Agreement)

Marital Property may include: Retirement Pensions, automobiles, furniture, bank accounts, stocks, appliances, etc.

An "uncontested divorce" means that you and your spouse have reached an agreement as to all possible issues that have, in the past been, or may, in the future, be disputed. Some areas in which spouses cannot agree may involve: what is to be done with the marital home (viz. is it going to be sold and the profits from the sale divided evenly, if not, who is to remain in the home and is spouse who is to remain in the home going to "buy out" the other spouse's share or interest?

You and your spouse may reach an agreement before or after a Complaint is filed. Once the Complaint is filed, the Defendant must answer the Complaint (either admitting or denying the allegations contained in the Complaint). In uncontested cases, the Defendant would therefore admit everything. "Allegations" include: the date of the marriage, place of marriage, names and dates of birth of any children, date the parties separated etc.

Additional areas in which an agreement may be reached might involve spousal support/alimony, child support, child custody, visitation, how joint marital property is to be divided, etc.

In custody matters, the court may order the parties attend up to (2) two, two-hour sessions before a mediator. Also, the court may order that either party pay the mediator's fees or both divide this cost equally.

The court will have to make a decision based upon the particular facts of your case and the law as it applies. In short, there will have to be a trial.

Again, this means that your case is contested and that there must be a trial. Maryland courts must consider ten factors in deciding whether to divide marital property. One factor, for example, is whether a spouse was at fault in ending the marriage (e.g. one spouse committed adultery, etc.). This is a three-step process, which is known as a Monetary Award. First, the court will determine what is marital, non-marital property or a mixture of both. Secondly, the court will place a value of these kinds of property and finally, the court will divide up this property, again, based upon its considerations of the ten factors.

Joint custody means that both spouses have an equal right to rear the child or children in accordance with their own religious, moral and/or educational lifestyles. In a sole custody situation, only the spouse having sole custody has this right.

No. Maryland courts consider this to be an illegal and invalid contract and have held that that spouses cannot "contract away" the rights of their minor children to receive child support.

Child support arrearages are calculated from the time of the previous court order or when a Complaint for Absolute Divorce is filed with the court. One option would be to hire a private attorney to file a Motion for Contempt with the Maryland court. A copy of the Motion and a Show Cause Order must be personally delivered to your former husband in Florida. You would have to hire a private detective or private process server in Florida for that purpose. The Show Cause Order would give him a certain time in which to respond to the Motion in writing and to appear in Maryland. If he failed to appear for the hearing, a judgment against him could be obtained, forwarded to the county in which he currently resides and enforcement of the judgment sought there through local counsel. Relatively new laws have taken effect which, under certain circumstances, will permit the State to suspend any licenses issued to a person who has accumulated child support arrearages e.g. driver's licenses, contractor's licenses, some professional licenses, etc..

Another alternative would be for you to contact the Domestic Relations Division of the Circuit Court (some counties refer to this agency as the Child Support Enforcement Division) in which your divorce was granted. A case worker would be assigned to your case and would seek to collect child support arrearages on your behalf.

No. The promises to pay child support and to permit visitation with the minor child are regarded as separate or "independent promises."

You can seek to collect for child support arrearages. This is a "non-dischargeable debt" under the bankruptcy laws. If you are not regarded as a "secured credit" under the bankruptcy code; the car loan debt will most likely be "discharged" by the bankruptcy court and you will not be able to collect.

Child support is calculated in accordance with the Maryland Child Support Guidelines. The amount of recommended child support under the Guidelines will depend upon the custody agreement (if one exists). In a sole custody situation, the "non-custodial" parent will be obligated to pay the spouse having custody.

Regardless of whether there exists a sole or joint custody agreement, the Guidelines are calculated based, in part, upon the gross incomes of the parties and a mathematical ratio formula is used. There are few exceptions in reducing the amount of one's child support obligation but as a general rule, you must first show that there has been at least a twenty-five percent change in income. As an example, if the husband were laid off from his present job and he would be experienced a reduction in income of at least twenty-five percent, a Petition for Modification of Child Support might be filed by him, asking the court for a reduction of his obligation. On the other hand, and as a further example, if the wife received a large bonus from her employment or received winnings from the lottery, there may be justification for the husband to ask for an increase in child support payments so long as her monthly actual income increased by at least twenty-five percent.

The court must consider such factors as: age and health of the parties, the respective incomes of the parties, the length of the marriage, the ability of the lesser earning spouse to become self-supporting, the difference in incomes between the spouses etc.. Maryland law permits an award of temporary alimony up to a period of three years and indefinit alimony. The longer the marriage and the greater the difference in incomes if both spouses work, the more likely the court will be inclined to grant alimony.

The court has the power to grant "use and possession" of family property to one spouse or the other. Such property includes: the family home, or personal property that is used in the marriage e.g. automobile, etc..

One alternative, short of filing suit, is alternative dispute resolution or the use of a Mediator, instead of a judge. If an agreement in writing can be obtained through the services of a trained Mediator; then, the expenses of a "contested" trial can be avoided. Attorney's fees in domestic cases are based upon an hourly rate. Your attorney should provide you with his or her best estimate of what the attorney's fees will be if your case does go to trial. Based upon the attorney's past experience in handling such cases, and as a general rule, he or she will usually expend at least twenty hours at the circuit court level, up to and including the actual trial itself.           

Here are some examples of factors which may cause the attorney's estimate to vary:

1. Suit is filed but the case is settled (an agreement is reached) after five hours of the attorney's time and efforts. You are entitled to a refund of unused fees.
2. You pay your attorney $3,000.00 as an initial retainer fee for trial (e.g. thirty hours of professional services times $100.00=$3,000.00) but it is agreed among the parties that they appear before a Mediator in an attempt to settle all contested or disputed issues. All disputed issues are resolved. The parties, their attorneys discuss and settle all issues at the table in three hours. You are entitled to a refund and return of unused attorney's fees.
3. The opposing party fails to cooperate in providing your attorney with requested financial information which you are entitled to under the Maryland Rules of Civil Procedure. Additional work must be done because your attorney must ask the court to order that this information be produced by preparing a Motion to Compel Discovery and Order for the judge to sign. A hearing before the court may be necessary etc..
4. On the day of trial, all the parties, witnesses and their attorney's appear at the courthouse. No judge is assigned to hear the case. After waiting two hours for a judge, the judge's secretary informs everyone that the case must be continued to a later date. This occurs, unfortunately, quite often in Anne Arundel County.
5. The client calls the attorney four times a day and asks the attorney for the status of the case.
6. The attorney must telephone or send repeated letters to the client, asking that the client cooperate in providing the attorney with requested information about the case (Example: financial information that is relevant to child support, alimony etc.).
7. The client asks his/her attorney to prepare a Voluntary Separation and Property Settlement Agreement.

Here are some examples of other fees, which the client must be responsible for paying:

1. Private Investigator's fees ($40.00 or more an hour) plus travel and out-of-pocket expenses.
2. Court filing fees ($125.00 to file suit in the AACO Circuit Court).
3. Expert used to calculate client's interest in the other spouse's pension.
4. Medical experts or physicians ($1,000.00 or more to testify at trial per day).

Certainly. However, you must be aware that if your case goes to trial and the other/opposing side discovers that your friend has heard confidential communications between yourself and your attorney; then, the opposing counsel may subpoena your friend to the trial and the court may order that your friend testify about what she or he heard during our consultation. In short, you may waive or give up the Attorney - Client privilege.

No. You have an absolute right to know about the qualifications of your attorney. You also have a right to insist that your attorney account for attorney fees that you pay him or her on a regular basis by his/her submitting to you written, itemized billing statements. You have an absolute right to be kept informed about what is happening in your case and the right to ask questions at any time if the attorney has not made himself or herself clear.

A Voluntary Separation and Property Settlement Agreement should always be prepared if the parties agree on everything: how the property is to be divided, custody, visitation, child support, alimony, retirement pension etc. This agreement is enforceable, just as any other valid contract. It is meant to legalize the separation between the spouses and protect their respective interests. The agreement is usually made part of the divorce decree so that if either party violates any provision of the agreement; then, they may ask the court to hold the other party in contempt of court.

In hearing testimony and in reviewing evidence in cases involving custody disputes, the court must consider a multitude of factors, including but not limited to, the following:

1. The fitness of the parents.
2. The character and reputation of the parties.
3. The desire of the natural parents and any agreements between them.
4. The potential for maintaining natural family relations.
5. The preference of the child, when the child is of sufficient age to form a rational judgment.
6. Material opportunities affecting the future life of the child.
7. Age, health, and sex of the child.
8. The residences of the parents and the opportunity for visitation.
9. The length of the separation of the parents.
10. Whether there was a prior voluntary abandonment or surrender of custody of the child.