It isn’t easy to inform your spouse that you want a divorce , even if both of you can clearly see that the marriage is deteriorating. If you fear that your spouse will have a dangerous or violent reaction to the news, it’s best to have the discussion in a public place. You can also protect yourself by consulting a lawyer in Owings Mills ahead of time. Even if you do not fear that your spouse will have an intense reaction, you should take some time to prepare for the discussion.

Watch this featured video to get some practical tips on discussing divorce. It recommends writing out what you want to say in advance because this gives you an emotional outlet and allows you to clarify what you want to say. Avoid discussing the details of the divorce until you’ve had a chance to meet with your family lawyer. Try to avoid assigning blame for the divorce and allow your spouse plenty of time to respond.

When you and your spouse are certain that you’re moving forward with a divorce, it’s time to decide when and how to tell the kids. A family law attorney in Owings Mills may recommend that you and your spouse attend divorce mediation to try to work out a custody and visitation arrangement . If so, then you might want to delay having the discussion until you can answer the kids’ questions about where they will live.

For more helpful advice, watch this brief video. It recommends telling the kids a few days before one of the parents will move out to give the kids time to get accustomed to the idea. Remember to emphasize to the kids that the divorce isn’t their fault. Avoid blaming the other parent and never say anything that makes the kids feel as though they have to choose sides.

Maryland divorce laws provide for limited and absolute divorce. A limited divorce is actually a legal separation; spouses are still legally married during this time. In contrast, when an absolute divorce is finalized, spouses are no longer legally married. To find out whether you can file for an absolute divorce, you can consult family lawyers serving Owings Mills.

Legal Separation

When spouses do not have any other grounds for an absolute divorce, a divorce lawyer can file for a limited divorce. The spouses must then live apart from each other for 12 consecutive months without cohabitation, unless the conditions from the paragraph below are present. When this time period ends, the spouses will have grounds for a no fault absolute divorce. It is not necessary for both spouses to consent to the divorce if the legal separation requirement has been fulfilled. However, if the spouses live together or have sexual relations even once during this time, the 12-month time period begins again.

Mutual Consent

Maryland divorce laws were recently updated to make it easier for some couples to file for absolute divorce without having to wait through a 12-month legal separation. Spouses may be eligible for an absolute divorce based on the grounds of mutual consent if they do not share any minor children and the parties submit a written settlement agreement to the court signed by both parties. The settlement agreement must resolve all divorce issues such as property distribution. Additionally, both parties must appear in court at the divorce hearing. Before the divorce is finalized, either party may choose to file a motion to set aside the settlement agreement, in which case the divorce proceeding will be halted.

Fault-Based Grounds

In addition to the grounds for a no fault absolute divorce, spouses in Maryland may choose to file for divorce based on wrongdoing. For example, a spouse may present evidence to prove that the other spouse has committed adultery, in which case the court can grant the divorce immediately. Or, a spouse may demonstrate that the other spouse has deserted the family home, engaged in cruel treatment, was convicted of a crime, or was confined to a mental institution.