DIVORCE & SEPARATION
A divorce can have a substantial and long-term effect on your finances, property rights and your relationship with your children (child custody and child support). Therefore, it is critical that you retain an attorney to advise you as to your rights and interests. The Whiteru Firm, PLLC will assist you with this decision making process and seek to resolve your case through mediation and/or litigation. Contact us at 202 558 6196 or info@whiteru-law.com.
District of Columbia:
The District of Columbia has what is referred to as no-fault divorce. To obtain a divorce in Washington, D.C.: 1) the parties must have mutually and voluntary separated, without cohabitation, for at least six consecutive months; or 2) the parties must live separate and apart without cohabitation for at least one year. Living separate and apart can be accomplished while residing in the same home so long as the spouses sleep in separate beds and do not share food.
Maryland:
The grounds for obtaining an absolute divorce in Maryland are as follows:
- Adultery.
- Desertion, if: 1) the desertion has continued for 12 months without interruption prior to the filing of a divorce action; 2) the desertion is deliberate; and 3) there is no reasonable expectation of reconciliation.
- Voluntary Separation, if: 1) the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption prior to the filing of the divorce action; and 2) there is no reasonable expectation of reconciliation.
- Conviction for committing a felony or misdemeanor if before the filing of the divorce action the defendant-spouse has: 1) been sentenced to serve at least three years or an indeterminate sentence in a penal institution; and 2) served at least 12 months of the sentence.
- Two year separation, when the parties have lived separate and apart without cohabitation for at least two years without interruption prior to filing for divorce.
- Insanity, if: 1) the insane spouse has been confined in a mental institution or similar institution for at least three years prior to the filing of any divorce action; 2) at least two physicians who are competent in psychiatry testify that the insanity cannot be cured; and 3) one of the parties to the divorce has resided in Maryland for at least two years prior to the filing of the divorce action.
- Cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.
- Excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.
Maryland also provides for limited divorces which are essentially legal separations rather than actual divorces which end a marriage. In other words, a limited divorce provides for parties to live separate and apart, however, the parties are still legally married. A limited divorce may benefit an individual or individuals who do not satisfy the grounds for obtaining an absolute divorce, need financial relief and are unable to settle their differences privately.
The grounds for obtaining a limited divorce in Maryland are: 1) cruelty; 2) excessively vicious conduct; 3) desertion; and 4) mutual and voluntary separation.
To further discuss your case contact The Whiteru Firm, PLLC at 202 558 6196 or info@whiteru-law.com at any time.