1. Adultery

2. Desetion (12 + months w/o justification)

a. Constructive desertion: makes marriage impossible in terms of self respect, health, safety

3.Abusiveness: Physical, deragotory, no sex

4. Criminal conviction

5. Cruelty: Conduct to impair safety/happiness

6. Excessively vicious conduct: domestic abuse

7. Insanity: after marriage, 3+ year institute, can't be curable

1. Condonation: mostly in adultery claims, requires knowledge + foregivness + co-habitation

2. Recrimination: Offsetting misconduct by both spouses

1. Marriage irretrievable borken

2. Spouses don't love each other

3. Spouses must be separate for certain period:

a. 12 months if mutual

b. 24 if unilateral

4. During period, can't have sex with spouse or another

1. Parties separated

2. Can begin alimony payments/child support

FAULT BASED:

Cruelty

Excessively Vicious Conduct

Desertion (any period)

NO FAULT:

Agreement to separate

1. Categorize Assets

2. Value Assets

3. Find Equitable Distribution

1. Division: H, W, Marital

2. Separate Property: Prior to marriage; gift/inheritance sole in name; Passive appreciation

3. Marital Assets: Received together; in contemplation of marriage; Anything else besides separate property

1. Value on date of divorce (not separation)

2. Value of any asset - debt on asset

Distribution of Assets: Equitable Distribution & Factors (7)

NOT TAXABLE!

1. find % of marital property each gets. Other spouse can pay check for percentage that other owns e.g. $1M in property and W gets 40%. H writes wife check for $400K

2. Factors in Equitable Distribution:

a. Age & health of parties

b. Economic/Education of parties

c. Separate property of each

d. Alimony (payor gets more prop.)

e. Custidian of minor children

f. Duration of marriage

g. Anything judge deems appropriate

1. Temporary (during litigation)

2. Rehabilitative

3. Indefinite

1. Death of either party

2. Remarriage of recipient

3. Co-habitation with new partner (not determinative)

1. Lien on property

2. Garnishment of wages

3. Intercept of Tax Refund

4. Intercept of lottery

5. Suspend driver's license

6. Suspend occupational license

7. Can suspend passport

8. Can file contempt petition in court

1. adopted by every state

2. Allows importation of court orders in new state for child support

3. Garnishment of wages from employer in new state

4. State has jurisdiction AS LONG AS father, mother, or child in MD

Child Custody: 2 Types

1. Legal Custody

2. Physical Custody

1. State that enters first is child's home state

2. It is where kid has lived 6+ months consecutively

3. Goes as long as any party living in Maryland

Child Custody Standard: BEST INTEREST OF THE CHILD

8 Factors

1. Anything rationally considered

2. Can't consider gender

3. Wishes of the parties

4. Wishes of child (if 12+)

5. Age and health of parties (and child)

6. Keeping sibling together

7. Any history of domestic violence

8. If parent in new relationship and with whom

1. Mus show parent is unfit; or

2. Exceptional circumstances that would be injurous to child:

a. How long has child been away from parent?

b. Emotional effects of moving child

c. Strength of ties between non-parent & child

d. How long child has been with non-parent