Divorce
Maryland recognizes two types of divorce: Limited and Absolute.
A Limited Divorce is one "from bed and board" which is only a judicial separation of husband and wife which does not dissolve the marriage tie. This type of divorce legalizes the parties separation and permits the court to order alimony, child custody, and child support.
An Absolute Divorce totally and fully dissolves the marriage tie, and releases the parties wholly from their matrimonial obligations. When most people think of a divorce, chances are they are referring to an Absolute Divorce.
For either type of divorce, circumstances constituting grounds for the divorce must exist. There are both no-fault and fault grounds for divorce. Fault grounds require behavior from one spouse that has been detrimental to the marriage. No-fault grounds require an agreement to separate or a physical separation for a certain period of time.
Depending on the complexity of your case, it may be helpful for you to enter into a Separation and Property Disposition Agreement with your spouse. This enables the parties to decide many of the divorce issues and forgo the uncertainty of what the court may do after a trial. It is a wise idea to seek legal representation when deciding to enter into such an agreement.
If an amicable resolution cannot be reached with your spouse, you definitely should seek a qualified experienced attorney to represent you throughout the divorce proceedings.
Custody
There are two types of custody: Legal and Physical. Legal custody determines which parent makes the legal decisions for the child, including decisions about the child's health, education, religious upbringing, and other important matters. Most arrangements include "joint legal custody" which ensures that even the non-custodial parent will continue to have a say in important decisions regarding the child.
Physical custody determines which parent will be considered the "custodial parent", in other words, who will have the child for the majority of the time. An arrangement may include a form of "sole physical custody", in which case the non-custodial parent has visitation. On the other hand, an arrangement may include a form of "joint physical custody", in which case both parents share significant amounts of time with the child.
Sometimes a joint arrangement is better than a sole custody arrangement. The deciding factor is what is in the best interest of the child. Research has shown that a joint arrangement produces better outcomes for the children. Most likely, a joint physical arrangement is not ideal in what are referred to as "high conflict" cases, where the parents are unable to communicate and cooperate with each other. The arrangement that is best for your situation depends on the circumstances of your marriage, the ability for you to get along with your spouse in front of the child, and the individual needs of the child.
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The Law Office of Andrew V. Knicley has provided this website and its contents as a public service to provide you with a resource for informational purposes only and is not intended to represent legal advice or counsel. Your use of this site and its contents does not construct a client-lawyer relationship with the attorneys at the Law Office of Andrew V. Knicley.
