1. FILING.
(a) The Complaint is filed in the "Circuit Court of __________ County, Maryland";
(b) it is titled a " Complaint for Divorce" or " Complaint for Limited Divorce";
(c) it is filed by the "Plaintiff";
(d) the other spouse is the "Defendant";
(e) it is filed in a county where either spouse resides; and
(f) the final papers are called the "Judgment of Absolute Divorce". Maryland Rules.

2. RESIDENCY.
One of the parties has lived in Maryland for at least one year immediately prior to filing for divorce, or the grounds for divorce occurred in Maryland. If insanity is the grounds for divorce, residency is increased to two years. Maryland Code; Family Law Article, Title 7, Section 7-103.

3. GROUNDS FOR ABSOLUTE DIVORCE.
(a) the parties have voluntarily lived under separate roof for one year without interruption or cohabitation and there is no reasonable expectation of reconciliation;
(b) the parties have lived separate and apart without interruption for two years;
(c) adultery;
(d) deliberate desertion for 12 months with no  chance for reconciliation;
(e) confinement for incurable insanity of at least 3 years;
(f) conviction of a felony or a misdemeanor with at least a 3-year sentence and after 1 year having been served; and
(g) cruelty and excessively vicious conduct with no reasonable expectation of reconciliation. Maryland Code; Family Law Article, Title 7, Section 7-103.

4. GROUNDS FOR LIMITED DIVORCE.
(a) willful desertion;
(b) cruel and excessively vicious conduct;
(b) voluntary separation and living separate and apart without cohabitation. Maryland Code; Family Law Article, Title 7, Section 7-102.

5. MEDIATION AND PARENTING CLASSES.
Maryland specifically declares that it is in the best interests of children that there be mediated resolutions of parental disputes regarding custody. In cases where the custody of a child is in dispute, the court may order the parents to attempt to mediate that issue, unless there is a history of physical or sexual abuse of the child. Some courts require the parents to attend parenting classes. Cases may be referred to Alternative Dispute Resolution on the financial issues as well. Maryland Rules.

6. UNCONTESTED DIVORCE.
Marital settlement agreements are specifically authorized by statute and may be used for full corroboration of a plaintiff's testimony that a separation was voluntary if
(a) the agreement states that the spouses voluntarily agreed to separate and
(b) the agreement was signed under oath before the application for divorce was filed.
For alimony or child support cases, each party must file a Financial Statement Affidavit and a Child Support Guideline Worksheet is required. Maryland Code; Courts and Judicial Procedure Article, Title 3, Section 3-409; and Title 8, Section 8-104.

7. CHILD CUSTODY.
Joint or sole custody may be awarded to either or both parents, based on the best interests of the child. Custody may be denied if the child has been abused by the parent seeking custody. The factors for consideration are established in Maryland case law, not the statute. The court shall attempt to allow the child to live in the environment and community that are familiar to the child and may allow the use and possession of the family home by the person with custody of the children for up to three years from the date of divorce. Maryland Code; Family Law Article, Title 7, Sections 5-203, 8-208, and 9-101.

8. CHILD SUPPORT.
The court can award child support based on the child support guidelines in the statute. There is a  presumption that the amount shown for support in the guidelines is correct. However, the amount may be adjusted up or down if it is shown to be inappropriate or unjust under the circumstances of the case. In determining whether the amount would be unjust, the court may consider: (a) the terms of any marital settlement agreement between the parents, including any provisions for payments of marital debts, mortgages, college education expenses, the right to occupy the family home, and any other financial terms; and (b) the presence in the household of either parent of other children that the parent has a duty to support. Maryland Code; Family Law Article, Title 7, Sections 12-101, 12-201, 12-202, 12-203, 12-204 and 8-206.

9. ALIMONY.
The court may award rehabilitative or indefinite alimony based on the following factors:
(a) the time necessary to acquire sufficient education and training to enable the spouse to find appropriate employment, and that spouse's future earning capacity;
(b) the standard of living established during the marriage;
(c) the duration of the marriage;
(d) the ability of the spouse from whom support is sought to meet his or her needs while meeting those of the spouse seeking support;
(e) the financial resources of the spouse seeking alimony, including marital property apportioned to such spouse and such spouse's ability to meet his or her needs independently;
(f) the comparative financial resources of the spouses, including their comparative earning abilities in the labor market;
(g) the contribution of each spouse to the marriage, including services rendered in homemaking, child care, education, and career building of the other spouse;
(h) the age of the spouses;
(i) the physical and emotional conditions of the spouses;
(j) any mutual agreement between the spouses concerning financial or service contributions by one spouse with the expectation of future reciprocation or compensation by the other;
(k) the ability of the spouse seeking alimony to become self-supporting;
(l) the circumstances which lead to the breakdown of the marriage; and
(m) any other factor the court deems just and equitable. Indefinite alimony may only be awarded if (a) the payee spouse cannot become self-supporting, or (b) after the payee spouse has made all expected progress toward self-sufficiency, there will still be an unconscionable disparity between the spouse's living standards. Maryland Code; Family Law Article, Title 11, Section 11-106.

10. EQUITABLE DISTRIBUTION OF PROPERTY: The parties keep their separate property, including (a) any gifts from third parties and inheritances;
(b) property acquired prior to the marriage (except real property held as tenants by the entireties); and
(c) property which is directly traceable to property listed in (a) or (b). Marital property, including retirement benefits and military pensions, is then divided on an equitable basis. The court may order a division of jointly owned property, a sale of the property and a division of the proceeds, or a monetary award as an adjustment of the values. The court considers the following factors:
(a) the monetary and non-monetary contributions of each spouse to the acquisition of the marital property, including contribution as a homemaker;
(b) the value of each spouse's property;
(c) the economic circumstances of each spouse at the time the division of property is to become effective;
(d) the length of the marriage;
(e) whether the property award is in stead of or in addition to alimony;
(f) how and by whom the property was acquired, including any retirement, profit-sharing, or deferred compensation plans;
(g) the circumstances that contributed to the estrangement of the spouses;
(h) the age, physical and mental condition of the spouses; and
(i) any other factor necessary to do equity and justice between the spouses. A Joint Statement of Marital and Non-Marital Property is required for trial. Maryland Code; Family Law Article, Title 8, Sections 8-202, 8-203, and 8-205; and Maryland Rules.

11. NAME CHANGE:
A spouse's former or birth name may be restored if it is not for any illegal, fraudulent, or immoral purpose. Maryland Code; Family Law Article, Title 7, Section 7-105.

12. PREMARITAL AGREEMENTS.
The courts will enforce premarital agreements, but Maryland does not have any specific statutes concerning  premarital agreements.

-- Thyden, Gross & Callahan