Family Law Flashcards

In Maryland, what is the standard waiting period for an absolute divorce based on six-month separation under the 2023 divorce law reform?

Answer: Six months of separation, which may occur under the same roof if leading separate lives

Maryland's 2023 reform allows absolute divorce after six months of separation, even if the parties live under the same roof, provided they lead separate lives.

Which grounds for divorce were eliminated in Maryland effective October 1, 2023?

Answer: Fault-based grounds such as adultery, desertion, and cruelty

The 2023 reform abolished fault-based grounds like adultery, desertion, cruelty, and criminal conviction, leaving separation, irreconcilable differences, and mutual consent.

A Maryland court dividing marital property may transfer ownership of which asset directly between spouses?

Answer: Retirement interests, family use personal property, and real property held as the family home

Maryland is a monetary award state, but courts may transfer title to pensions/retirement interests, family use personal property, and jointly owned real property used as the family home.

Under Maryland law, property acquired during the marriage by one spouse through inheritance is classified as what?

Answer: Non-marital property, unless commingled so it cannot be traced

Gifts and inheritances to one spouse are non-marital in Maryland, but they can become partly marital if commingled and untraceable.

In Maryland, what standard governs a court's initial custody determination between two fit parents?

Answer: The best interests of the child, with no presumption favoring either parent

Maryland applies the best-interests-of-the-child standard using factors from Montgomery County v. Sanders and Taylor v. Taylor, with no gender-based or 50/50 presumption.

What must a Maryland parent show to modify an existing custody order?

Answer: A material change in circumstances affecting the child's welfare, and that modification serves the child's best interests

Maryland uses a two-step test: a material change in circumstances affecting the child, then a best-interests analysis.

In Maryland, indefinite alimony may be awarded in which situation?

Answer: When the recipient cannot reasonably become self-supporting, or the parties' standards of living would be unconscionably disparate

Maryland favors rehabilitative alimony but permits indefinite alimony where self-support is not reasonably attainable or post-divorce living standards would be unconscionably disparate.