Divorce laws in Maryland have long been relatively strict compared to family law in other states. However, there have been some recent changes to these laws. Consider talking to your family law attorney in Baltimore County and near Owings Mills about whether these changes may affect your divorce. Specifically, the new legislation may allow your divorce lawyer to help you finalize your divorce much more quickly.

Previous Legal Requirements
You may already know that even if you had an uncontested divorce, Maryland divorce laws required you and your spouse to go through a waiting period before the divorce could be finalized. This applied even in cases in which divorce mediation was successful and the couples reached agreements regarding crucial matters such as asset division, liability division, alimony, child custody, and visitation. The waiting period was one year, which only began on the day that the spouses no longer lived together. If the spouses stayed together for even one night during that one-year period, the waiting period began again. This was particularly problematic for spouses whose financial situations did not allow them to live apart right away, even if they worked out all the details of their divorce. There were a few exceptions to the waiting period. Spouses could finalize a divorce quicker based on several grounds, including if they were accused of adultery or abuse. However, this led many non-adulterous couples to accuse each other of adultery simply to avoid the one-year waiting period.

New Legal Requirements
A new law has changed the waiting period requirements, making it easier for your family law attorney to accelerate the divorce process and allow you to move forward with your life. Under the new law, there is no waiting period for couples, provided they do not have minor children. Couples must also agree on property division to take advantage of the accelerated process. Additionally, the new law requires that both spouses attend the hearing to finalize an uncontested divorce in an expedited manner. Not only does this new law allow divorce lawyers to help divorcing spouses to move forward with their lives, it also restores a measure of privacy to the divorce proceedings regarding the residency of the spouses.

Each state has different laws and requirements pertaining to divorce. When you meet with your divorce lawyers , they’ll advise you with regard to the specific process for your state. For example, divorce lawyers in Owings Mills will inform you that Maryland has residency requirements. You must also meet the legal grounds for divorce. If these conditions are met, your family law attorney can file a divorce petition on your behalf.

Residency Requirement
You can expect your family lawyers to ask you how long you and your spouse have lived in Maryland. At least one of you must be able to prove that you have been a Maryland resident for at least one year. It is not necessary for both spouses to prove residency.

Legal Grounds
Your family law attorney will review the unique circumstances of your marriage to determine whether you should file for fault or no-fault divorce. If you file for fault-based divorce, you must prove that certain issues were present in the marriage, such as adultery, cruelty, or insanity. Otherwise, you must file for no-fault divorce, which requires that you and your spouse have lived apart without sexual relations for at least one year. Or, beginning October 1, 2015, there are certain circumstances where a one year separation will not be necessary in order to obtain a no fault divorce.

Divorce Petition
If you meet the residency requirement and you have legal grounds for divorce, your family law attorney will prepare the Civil Domestic Case Information Report and a Complaint for Absolute Divorce. The lawyer will then file these documents in the appropriate circuit court. Then, the court clerk issues a copy of the complaint and a Writ of Summons, both of which must be served upon the defendant spouse by a process server or the county sheriff. The defendant spouse will then have 30 to 90 days to file an answer to the complaint. The exact time period depends upon whether the spouse is in Maryland, another state, or out of the country.

Financial Statements
Your family law attorney will use the financial documents and information you provide to prepare a financial statement. Both spouses must complete a financial statement. These documents include information regarding your individual assets and liabilities, joint property and debts, income, and expenses. The financial statements will guide the judge’s decisions with regard to asset and liability division, spousal support, and child support.

When you consult a family law attorney about divorce and child custody issues, he or she will review your case and recommend filing for a no-fault or fault-based divorce. Your divorce lawyers may recommend fault-based divorce if you can prove that your spouse committed adultery, abandonment, or cruelty. For most individuals, filing for no fault divorce is often preferable because proof is not required and the other spouse cannot stop the divorce, even if he or she objects to it.

You can hear more about the legal grounds for divorce by watching this video. You’ll learn how family law can vary from state to state and you’ll learn why states enacted no-fault divorce law. If you’re unsure of whether you should file for no-fault or fault-based divorce, your family law attorney near Owings Mills can offer legal guidance.

Meeting with a divorce attorney is usually the first step toward beginning divorce proceedings. This video discusses what you should bring for your initial consultation with a lawyer in Owings Mills.

The end of a marriage typically necessitates a settlement of finances. Before you meet with your lawyer, gather together all pertinent financial documents, including proof of income, debt obligations, and your prenuptial agreement if applicable. This information will be taken into consideration when deciding if current alimony laws may impact either party. If you have children, your divorce consultation is also the time when you should make your custody wishes known. Being as clear, honest, and communicative as possible with your divorce attorney can help in facilitating the speed and outcome of your divorce proceedings.

No matter how many divorce lawyers in Owings Mills you consult or how many books you read, no one can fully prepare you for the trials of divorce. This experience is as unique as each person who goes through it. Especially because you may be unfamiliar with how divorce normally works, you may inadvertently make mistakes that may complicate your proceedings:

Trying to Negotiate on Your Own
Even if your marriage didn’t work out, you and your partner might initially decide that you can negotiate terms such as alimony or child custody without the help of a divorce attorney . However, rarely do the parties involved in a divorce endure the end of a marriage without conflicting opinions about who should pay support, have custody of the children, or even retain ownership of the house or car. For this reason, it’s best to hire an attorney who can help you determine your legal rights and advocate on your behalf.

Hiring a Lawyer Without Expertise
Perhaps your brother-in-law is an attorney. Yet his expertise is in environmental law. As capable as he might be in such matters, his ability to help you through your divorce may be minimal. Instead, consult a legal expert who is versed in pertinent matters such as alimony laws and child custody issues. When you use a divorce attorney with the requisite experience, you give yourself the best opportunity for a favorable legal outcome.

Failing to Communicate with Your Attorney
Your lawyer will work diligently on your behalf, but he can only help you as much as you help him. Failing to disclose relevant information such as hidden assets or domestic violence can complicate the ability of your attorney to secure the settlement that you are owed. In addition, you must be clear and communicative with your divorce attorney about matters such as child custody and alimony so that he can in turn make those requests to the court. You must provide as much information as possible to your lawyer in order for him to successfully argue your case.

Some divorce proceedings are simple and resolve quickly, while others are highly contentious and can take quite a while to settle. In either case, working with divorce lawyers is highly advisable. It’s rarely a good idea to try to handle your divorce yourself, rather than working with a family law attorney near Owings Mills.

Legal Guidance
One of the reasons why working with divorce lawyers is advisable is that you can take advantage of their years of experience in the courtroom and their in-depth knowledge regarding family law. If you try to interpret applicable laws yourself, it’s very likely that you’ll miss a key point and you may end up with an unfavorable outcome. For example, if you have child custody issues, your lawyer can request that the court grant you temporary custody. Your divorce lawyer serves as your ally in and out of the courtroom, and he or she can thoroughly explain all applicable laws to you and discuss all of your options.

Legal Documents
Legal paperwork can be complicated , making it easy to make mistakes. You may be even more prone to making mistakes if the stress of the divorce is making it difficult to think clearly. For example, you may forget to list a marital debt or you might underestimate the value of an asset. These mistakes can create financial problems for you and they may require additional legal proceedings later on. Even if your divorce is relatively amicable, it’s best to hire a divorce attorney to prepare the paperwork for you.

Divorce Delays
Divorce proceedings can drag on for a long time, particularly if mistakes are made with the paperwork. By working with a child custody lawyer, you can ensure that your divorce will proceed as quickly and easily as possible. This allows you to move forward with your life that much sooner.

Stress Reduction
Many individuals find that working with a divorce lawyer greatly eases the stress of the proceeding. This is especially true if the situation involved abuse or infidelity. You may find it difficult to face your spouse in the courtroom by yourself. Having a lawyer provides a much-needed buffer zone between you and your spouse.

When most individuals consult divorce lawyers, they are seeking to terminate the marriage . Less commonly, an annulment may be granted by the court. This is a legal action that means the marriage was void and never officially existed. It is much more difficult to obtain an annulment because there are strict eligibility requirements. You can consult a family attorney near Owings Mills to determine if you should seek an annulment or a divorce. Your lawyer can also advise you about child custody issues, if applicable.

Watch this video to hear an expert discuss the differences between an annulment and a divorce. He explains why some people may prefer to petition the court for an annulment. He also discusses the differences in asset division between a divorce and an annulment.

Even when spouses make a mutual decision to end their marriage, agreeing upon a divorce settlement is rarely easy. It’s important to get in touch with a family attorney near Owings Mills who can represent your best interests during negotiations with your soon-to-be ex-spouse’s counsel. Your family law attorney can advise you as to your state’s laws regarding property division, child custody issues, and other matters pertaining to your situation.

Asset Division
In a divorce settlement, a distinction is made between marital property, which is subject to division, and non-marital property, which isn’t. For example, Maryland law recognizes that any property obtained by an individual prior to the marriage remains the property of that individual, provided it is not gifted to the other spouse. The debts of the other spouse cannot affect non-marital property. Maryland law further establishes that all property obtained during the marriage is considered marital property, regardless of which party obtained the asset. An exception is if one spouse is gifted property, which would be considered non-marital property, and another would be if a spouse inherited property. Divorce lawyers can negotiate a fair division of marital property .

Liability Distribution
Before engaging in negotiations, your family law attorney will need to know about all of your debts and the debts of your spouse. Maryland courts may not require one spouse to resume responsibility for paying obligations that are solely the other spouse’s. However, marital debts may be divided. A marital debt is one that is traced to the acquisition of marital property, such as a home.

Child Custody and Visitation
Child custody is often a point of contention in divorce settlements. When negotiating with divorce lawyers, it’s essential for both parents to set aside their differences and work together for the best interests of the child. Under Maryland law, unless a court orders otherwise, both parents are considered to be the joint guardians of a child. If one parent is awarded sole physical custody, the other parent may be given visitation rights.

Each couple’s reasons for consulting divorce lawyers are highly personal. However, there are some common trends regarding the breakdown of a marriage, such as frequent arguing, infidelity, and unmet expectations. If you find that your marriage can be defined by any of the following characteristics and a resolution is not likely, it may be time to consult a family law attorney near Owings Mills regarding key issues, such as alimony laws and child custody issues.

Infidelity
Many people consult divorce lawyers when they become aware that their significant others have engaged in an affair. Affairs often begin as friendships, which may then gradually evolve to infidelity. However, even if no cheating actually occurs, an emotional affair can be devastating for a marriage. Men and women cheat for a variety of reasons, such as to get revenge or to obtain reassurance about self-worth. Regardless of the reason, infidelity and emotional affairs tend to irreversibly destroy trust between spouses.

Codependency
A codependent relationship is broadly defined as one in which an individual feels reliant on the other person for identity, value, and meaning. Codependency often arises from a traumatic childhood and typically leads to relationship problems. Some of the characteristics of codependency include low self-esteem, overreactions, obsessive thought patterns, and dysfunctional communication. When individuals who suffer from codependency do not receive counseling for their challenges, the marriage may deteriorate and divorce may be the result.

Improper Conflict Management
Many couples cite frequent arguing as the overriding factor behind their decision to get a divorce. Spouses often fight over trivial issues, such as whose turn it is to take out the trash, which may then escalate into arguments about significant problems that never seem to be resolved. Couples who argue frequently may benefit from marriage counseling. A therapist can help spouses learn effective conflict management skills that may save the marriage. However, when this doesn’t work, or when one or both spouses remain uncommitted to working to improve the marriage, the help of divorce lawyers may be needed. яндекс

Divorce is never an easy situation for anyone. If you and your spouse have tried your best to make your marriage work but it simply doesn’t, it may be time to consult a divorce attorney serving Owings Mills to learn how to proceed with the dissolution of your union. In Maryland, grounds for a no-fault divorce mean that you and your spouse have lived separate and apart for a year, and cannot reconcile your differences. Fault-based divorces may be obtained in the case of adultery, the conviction of certain crimes, desertion, and other circumstances. Though a fault-based divorce may be more complicated, it could be the right choice if there are contentious issues to resolve. Take a look at this infographic from a family lawyer to learn more about divorce, alimony, and child custody in Maryland. Please feel free to share this information with your friends and family.