Maryland Law regarding Divorce that is contested and marital property and debt distribution

This answer is for information purposes only and should not be construed to create an attorney client relationship.

First, under maryland law irreconcilable differences is not a ground for absolute divorce. Your wife must plead one of the fault grounds recognized in Maryland such as, abandonment, excessively vicious treatment, or adultry. If none of the fault grounds apply you and your wife may obtain a divorce based on a one year mutual and voluntary separation or if you continue to disagree wiith the divorce your wife may obtain a divorce based upon a two year separation.

As far as your questions about the division of property, in Maryland the Court will determine whether property is marital or non-marital, this is done without regard to the manner in which the property is titled. If property is acquired during the marriage it is presumed to be marital property unless their is an agreement between the parties otherwise or it was acquired by gift or inheritance by one of the parties.

The court will make a determination of the value of the marital property and marital debt and will then consider whether a marital award is appropriate to adjust the equaties between the parties. The Court may also order the marital home sold or transfer the title to the home if the party recieving the home obtains the other party's release from the mortgage. Additionally, the Court also has the power to order that one party have use and possession of the marital home for a period up to three years based on custody of the children.

There are many factors that must be considered by the court in dividing the martial assets and martial debt. You should consult the legal counsel in order to make sure that your rights are protected. If you require counsel please feel free to contact me and we can arrange to discuss the matter further.