If you are planning to get a divorce in Maryland and want to understand a few basic rights you have before approaching a Maryland Divorce Lawyer, read this article for a quick overview. Coming to a decision to get a divorce is not simple, it is emotionally draining and exposes one to much scrutiny. Understanding the family law and what queries to submit to your divorce attorney may ease the process.
Standard Divorce Rights
The basic Maryland divorce regulations encapsulate –
- The spouses must be residents of Maryland for at least one year and if the grounds for divorce have occurred outside the state, then at least one party is required to have resided in the state for a minimum of one year before filing for divorce.
- The most common grounds for divorce that a Maryland Divorce Lawyer submits are adultery, desertion, and cruelty. The other grounds that Maryland state recognizes are incurable insanity, conviction of a crime and excessively vicious conduct or abuse.
Defenses to filing a divorce
An offending spouse’s Maryland Divorce Lawyer can claim defense if accused of desertion, adultery or other such action which resulted in the other spouse filing for divorce. Defenses for divorce filing include –
- Recrimination, where the offending spouse claims that the other spouse also committed the wrongdoing. Or,
- Condonation when the offending spouse claims that the other spouse has forgiven their wrongdoing.
The court will not grant the divorce on a fault-based ground if the defense succeeds in either claim.
“No fault” divorces
Under the ‘no fault’ divorce one does not have to offer specific grounds for wrongdoings to file for divorce. The Maryland Divorce Lawyer only has to prove that the spouses have been involuntarily separated for at least two years or voluntarily separated for at least 12 months. There is also an option for limited divorce under grounds of cruelty, separation, or desertion. Limited divorce is also considered to be a form of legal separation that allows couples to designate their independent status while remaining legally married.
Additional Divorce Intangibles
As a Maryland resident, your Maryland Divorce Lawyer can also file for an annulment or legal separation on your behalf. Under this, a court-approved separation allows couples to separate without permanently ending their marriage. These alternatives to divorce benefit couples who desire to live separately but do not want a full divorce due to financial or religious reasons. The other intangibles under Maryland divorce rights include child custody and child support where the spouses want to have children together. If the spouses filing for divorce are parents, then they must discuss the Maryland child custody laws with their divorce lawyer.
To fully understand the implications of filing for a divorce and the financial burden it can become, discuss your options with a reputed Maryland Divorce Lawyer. You must find a divorce attorney not only with experience but who understands the sensitive nature of the subject, especially where children are involved. Divorce isn’t easy, but with supportive laws and careful planning the spouses may be able to go their separate ways easily.