E. David Silverberg is a Maryland lawyer who is experienced in family law cases including divorce law. His law practice is located in Towson, MD in Baltimore County. Silverberg, a dedicated divorce attorney, offers his legal services to Maryland families in the Towson area as well as Anne Arundel County, Baltimore City, Baltimore County, Carroll County, Harford County, and Howard County.
In the state of Maryland, there are two types of divorce;
the first is a limited divorce and the second is an absolute divorce. In order for a divorce to be awarded, the grounds for one of these types of divorces must be met.
A limited divorce is in reality a legal separation. A limited divorce is not final and neither party may remarry. One party may file for a limited divorce on one of the grounds allowed by statute, but this will not prevent the other spouse from bringing an action for divorce based upon a different ground such as adultery, cruelty of treatment, excessively vicious conduct or any other ground for divorce.
The grounds for a limited divorce or absolute divorce are statutory, meaning that the legislature has assigned grounds for divorce that are contained in a statute.
The grounds for a limited divorce are:
- Cruelty of treatment which causes the non-offending spouse to leave
- Excessively vicious conduct which causes the non-offending spouse to leave
- Desertion for less than 12 consecutive months
- Voluntary separation for less than 12 consecutive months
The grounds for an absolute divorce are:
- Desertion for more than 12 consecutive months
- Voluntary separation for more than 12 consecutive months
- Separation of more than two consecutive years
- Cruelty of treatment which causes the non offending spouse to leave and the separation is in excess of 12 consecutive months
- Excessively vicious conduct which causes the non offending spouse to leave and the separation is in excess of 12 consecutive months
- Conviction of a crime with a sentence of three years or longer
- Insanity if the other party has been confined to a mental institution for at least three years and two physicians certify that the insanity is incurable
A limited divorce or an absolute divorce may be obtained in Maryland only if the residency requirements have been met or if the grounds for divorce occurred in Maryland. This means that you must have been a resident of this state for more than one year prior to the filing of the Complaint for Divorce. Maryland would have jurisdiction to award a divorce, assuming that the grounds for divorce have been proven. If the grounds for divorce occurred in Maryland, then you may file for a divorce in Maryland.
By way of example, if you and your spouse are visiting or vacationing in Maryland and your spouse commits one of the named marital offenses while in Maryland, you may sue for a divorce in this state. This may or may not be advantageous, depending upon the laws of the state in which you and your spouse regularly reside.
E. David Silverberg is an experienced divorce lawyer in Baltimore County, Maryland. For more information about grounds for divorce or family litigation, please feel free to contact our law offices. If you are in need of an experienced family law attorney, you may also schedule a free consultation with E. David Silverberg to discuss your divorce case.
E. David Silverberg is an experienced divorce lawyer specializing in domestic and family law in Maryland. His areas of expertise include, but are not limited to: divorce law, child custody law, child support law, alimony law, and property division law. His legal practice is located in Towson, Maryland, however he serves residents in Baltimore County, Carroll County, Harford County, Anne Arundel County, and Howard County.
Home | Firm Overview | Attorney Profile | Contact Us | Free Consultation
Areas of Practice | Divorce | Child Custody | Child Support | Alimony | Property Division