Desertion Divorce Lawyer St Marys County — What Are the Grounds for Abandonment?
Desertion, or abandonment, is a fault-based ground for divorce in Maryland under Md. Code, Family Law § 7-103. In St. Mary’s County, you must prove your spouse deserted you for at least 12 months without justification. A desertion divorce lawyer St Marys County from Law Offices Of SRIS, P.C.
Understanding Desertion as a Ground for Divorce in Maryland
In Maryland law, desertion is defined as the voluntary separation of one spouse from the other, without the consent of the other spouse and without justification, with the intent to end the marital relationship. This is distinct from a mutual separation. To file for divorce on these grounds, you must prove the desertion has continued for at least 12 consecutive months before filing the complaint.
Last verified: April 2026 | Circuit Court for St. Mary’s County | Maryland General Assembly
Key Resources on Maryland Divorce Law
For the official state statute, see Md. Code, Family Law § 7-103 (official Maryland General Assembly site). For local court procedures, visit the Circuit Court for St. Mary’s County website.
The St. Mary’s County Process for an Abandonment Divorce
Proving desertion in St. Mary’s County requires clear evidence. The court will look for proof your spouse left the marital home without your agreement and without a valid reason, like constructive desertion if they forced you to leave. An abandonment divorce lawyer St. Mary’s County gathers evidence like witness statements, financial records showing separate lives, and correspondence to establish the 12-month timeline and intent.
- Consult with a Lawyer: Discuss your situation with a desertion divorce lawyer St Marys County to evaluate if you have grounds.
- Document the Separation: Collect all evidence proving the date of departure, lack of consent, and absence of communication or support.
- File the Complaint: Your lawyer will file a Complaint for Absolute Divorce in the Circuit Court for St. Mary’s County, citing desertion.
- Serve Your Spouse: If your spouse’s location is known, they must be formally served with the divorce papers.
- Prove Your Case: Present your evidence to the court, either through agreement or at a hearing, to obtain the divorce judgment.
Potential Implications of a Fault-Based Divorce
In St. Mary’s County, a divorce granted on the grounds of desertion can influence the court’s decisions on alimony and the division of marital property, as it considers the conduct of the parties.
While Maryland is an equitable distribution state, proving fault like desertion can affect alimony awards. The court may consider the abandoning spouse’s misconduct when determining a fair financial support arrangement.
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your St. Mary’s County Desertion Case
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to family law matters. We understand the sensitive nature of abandonment cases and provide direct, strategic counsel to protect your rights in St. Mary’s County.
Representation in St. Mary’s County Family Court
Our firm has extensive experience handling divorce cases across Maryland. We focus on building clear, documented cases for clients facing abandonment. For instance, we have successfully represented clients where the other spouse left the family home, requiring methodical evidence collection to prove the statutory 12-month desertion period.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
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Our Maryland team serves clients in St. Mary’s County, including those near Leonardtown, Lexington Park, California, and Great Mills. We are accessible to communities throughout the county.
Frequently Asked Questions: Desertion Divorce in St. Mary’s County
What is the difference between desertion and separation in Maryland?
Yes, there is a key difference. Desertion is a fault-based ground where one spouse leaves without the other’s consent and with intent to end the marriage. A mutual separation, often used for no-fault divorce, requires both parties to agree to live apart for 12 months.
Can I get a divorce if I don’t know where my spouse is?
It depends. Maryland law allows for divorce by publication if you cannot locate your spouse after a diligent search. A desertion divorce lawyer St Marys County can guide you through the required steps to request alternative service from the court, which is often necessary in abandonment cases.
How long must the desertion last before I can file?
The desertion must be continuous for at least 12 months before you file the Complaint for Absolute Divorce. The clock starts on the date your spouse abandoned the marital home without justification or consent.
Does proving desertion give me a better financial settlement?
It can influence the outcome. While Maryland divides property equitably (fairly, not necessarily equally), a judge may consider marital misconduct like desertion when awarding alimony. It is one factor among many, including financial need and ability to pay.
What if my spouse claims I consented to the separation?
This is a common defense. An abandonment divorce lawyer St. Mary’s County will help you gather evidence to counter this claim, such as emails, texts, or witness testimony showing you did not agree to the separation and sought reconciliation.
Related Practice Areas: For other family law matters, see our Virginia family law page. For divorce in a neighboring area, consider our Calvert County divorce lawyer services. Learn more about our firm on our Maryland family law hub page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.