Divorce law in Maryland is notoriously complex. In many cases, spouses must endure a lengthy legal separation before the divorce can be finalized. If you can prove fault-based grounds for absolute divorce; however, you may be able to forego the waiting period and move forward with your post-divorce life. If your marriage has deteriorated because your spouse has committed adultery, you should speak with a divorce lawyer near Owings Mills. You may be surprised to learn that proving adultery could be easier than you think.

You do not require definitive proof of adultery.

Many spouses assume that it is necessary to provide hard proof of their spouse’s adultery, such as pictures or videotapes. Although this is a possibility, it certainly isn’t necessary. Maryland divorce law does not require spouses to offer definitive proof that adultery existed. Circumstantial or indirect evidence is sufficient.

You do need to prove your spouse’s disposition of affection.

Maryland divorce law does require a spouse to demonstrate that the other spouse had a “disposition of affection” toward a third party. This simply means that the individual somehow displayed his or her affection toward someone who is not married to that individual. This could take the form of holding hands, kissing, hugging, or even suggestive dancing. For instance, a friend of yours may have witnessed your spouse behaving in an affectionate manner with someone else. The testimony of your friend, perhaps complemented by pictures, may be sufficient to prove your spouse’s disposition of affection.

You do need to prove that an opportunity for adultery existed.

In addition to proving your spouse’s affectionate behavior, you must prove that he or she had the opportunity to commit adultery. This opportunity has to be more conclusive than the mere fact that you weren’t in your spouse’s presence on a 24/7 basis. For instance, you might demonstrate that your spouse spent time in a hotel room with the other individual or was seen entering the residence of the other individual.

You could offer substantial proof if it exists.

Although conclusive proof is not required to prove adultery, it can certainly help your case. It’s important to be honest with your divorce lawyer about your suspicions of adultery. If you were diagnosed with a sexually transmitted disease (STD), this may be all that’s needed to prove adultery. If your spouse became pregnant and paternity tests prove that the child is not yours, this certainly proves adultery.

Even when parents are both committed to co-parenting cooperatively for the benefit of their children, disputes are inevitable. One common area of conflict involves medications and other medical decisions. Although some types of child custody put the power to make these decisions firmly in the hands of one parent, in other cases, parents each have the right to weigh in, and disagreements may arise. Your family attorney in Owings Mills can help you navigate these touchy issues when they occur. Here is a look at some of the common problems that happen regarding medication disputes in co-parenting agreements—and how you can overcome them.

Common Medication Disagreements

In most cases, parents do not disagree about giving children medicine for acute illnesses, such as an antibiotic for bronchitis. Instead, parents may find they are not on the same page when it comes to managing chronic conditions, particularly ADHD or ADD. One parent may believe that the child needs to be on medication for attention deficit and/or hyperactivity, while the other parent doesn’t believe in giving children these kinds of medications. Other common areas of dispute are antidepressants or other medications for psychiatric conditions and vaccinations.

Solutions for Medication Disputes

Solving a medication dispute may be as easy as reviewing your child custody agreement. If one party has sole legal custody, then he or she has the exclusive right to make medical decisions for the children. If you have joint legal custody, then both parents must come to agreement on issues regarding medical decisions. If you can’t come to agreement, consult your family law attorney. He or she may recommend mediation, or in some cases, you may wish to return to court for a review of your custody agreement. Even if you haven’t experienced a dispute about medications or other aspects of medical care, it can be helpful to ask your family lawyer to include stipulations about how medical care will be addressed in your child custody agreement, so you can reduce the risk of future complications.

Maryland divorce law is quite restrictive, although a recent change in the rules relaxed the requirements for couples who do not share children and reach agreements on other matters. In nearly all other cases, spouses must live apart for 12 continuous months before they can be granted an absolute divorce, rather than a legal separation. An exception to this rule applies when a spouse has fault-based grounds for absolute divorce, such as cruelty and excessively vicious conduct. A family law attorney near Owings Mills can discuss your case with you and determine if a fault-based divorce is right for you.

Physical Violence

For a court to grant a divorce on the basis of cruelty, your spouse’s actions must be egregious to the extent that they could be said to significantly jeopardize your health or permanently eliminate your happiness. A court is more likely to determine that physical violence constitutes cruelty if the spouse engaged in a pattern of physical violence, has threatened physical violence, or has engaged in mental abuse. Divorce may be granted if this abuse was directed to either you or to a minor child. Acts of physical violence may include instances of marital rape.

Mental Abuse

Courts give mental abuse significant weight when considering whether to grant an absolute divorce for fault-based grounds. Generally, mental abuse must be egregious. For example, the use of profane language alone might not be sufficient to prove cruel treatment. However, the court might consider the use of profane or indecent language to belittle the spouse or otherwise compromise his or her self-respect. Other types of mental abuse include controlling behaviors like isolating the spouse from other family members and friends. Mental abuse can include taunting and making public, false accusations for the purpose of debasing the spouse.

Evidence

Proving cruelty and excessively vicious conduct in court requires the use of physical evidence or witness testimony. Your family lawyer can guide you in establishing proof, such as through the use of medical records, photographs of injuries, and written communications.

Co-parenting is much more than just exchanging the kids for visitation. It’s the process of working collaboratively and amicably with your ex for the sake of your kids. Divorce experts tend to agree that co-parenting is the most effective way to raise kids who are well-adjusted and have healthy relationships with both parents, despite the parents’ divorce in the Owings Mills area.

Watch this quick video for some helpful tips on successful co-parenting. You’ll learn the value of reaching out to professionals, like counselors and divorce mediators. You’ll also learn that child custody and visitation agreements might be modified as circumstances change and the children grow older. Always remember to prioritize the well-being of the kids, and set aside the personal feelings you have toward your ex.

In most cases, getting married again after a divorce will not affect a parent’s obligation to pay child support or the right to receive it. Since divorce-related laws do vary from state to state, you should consult a family law attorney near Owings Mills for legal guidance for your specific situation. If you are the noncustodial parent who is paying child support, you should not expect to have the payments increased solely because you remarried. Child support law doesn’t confer responsibility for the children to the new spouse.

If you are the custodial parent who is receiving support payments, you should continue to receive the same amount as before you remarried, regardless of whether your household now has two incomes. Some custodial parents who remarry consider canceling the child support agreement altogether. However, it’s still the noncustodial parent’s obligation to provide for the children’s needs. If child support payments aren’t needed for daily expenses, they could be contributed to a college savings fund instead.

Stepparents in general have an undeservedly bad reputation, despite the fact that many of them form strong emotional bonds with their stepchildren, and invest considerable time and effort taking care of them. When a stepparent and biological parent divorce, it’s usually thought that the stepparent has no parental rights. However, divorce law in Owings Mills has been slowly catching up to the modern reality of blended families. Since child custody laws are subject to change, stepparents are encouraged to visit an attorney for the latest information about their legal rights.

• Whether the child will suffer harm without visitation with the stepparent

• The extent of assistance and financial aid provided by the stepparent for the child’s rearing

• The duration of the stepparent’s parental role with the child

• The degree to which the stepparent has held an active, significant role in the child’s daily life

• The strength of the relationship between the child and the stepparent

Award of Custody

Divorce law presumes that it’s in the child’s best interests for the biological parent to retain custody, rather than the stepparent. However, there are some occasional exceptions. If both of the biological parents are found unfit to raise the child, the stepparent may be awarded custody. Parental fitness is determined on a case-by-case basis, but may be considered when any of the following factors apply:

• Incarceration

• Abandonment

• Child abuse or neglect

• Other form of domestic violence

• Substance abuse

• Severe psychiatric illness

Of course, if both of the biological parents have died around the time of the divorce, then the stepparent will also be more likely to secure custody.

Establishment of Visitation

Although it’s challenging for a stepparent to get custody, he or she may be more likely to receive visitation. Visitation may be awarded if it’s determined to be in the child’s best interests. The court will consider whether an ongoing relationship with the stepparent will enhance the child’s quality of life.

Divorce usually results in difficult financial situations, which your alimony lawyer in Owings Mills will help you sort through. You may also wish to consult an accountant when it’s time to file your tax return, instead of handling tax changes yourself. If you’re the parent with primary physical custody of the child, you’re entitled to receive child support. These payments do not have to be reported as income—you’ll receive them tax-free to defray the expenses of rearing your child. If you’re awarded alimony after the divorce , you will typically have to report these checks as income, and they’ll be subject to taxation.

You might find yourself making alimony and child support payments after the divorce. In this case, your tax situation will be similar to that of your ex’s, only in reverse. You cannot deduct child support on your taxes in order to reduce your tax liability. However, you can usually deduct alimony payments, provided those payments are made in cash, rather than property. Additionally, alimony payments must be court-ordered if they are deducted.

Arguably, divorce is more difficult for the children than for the parents. When you make an appointment with a family law attorney near Owings Mills, take the time to also schedule a consult with a family therapist. Even if the children don’t go to the therapist with you, he or she can help you learn how to protect your kids from the most harmful aspects of divorce. Additionally, consider divorce mediation, which may help both parents co-parent more effectively.

When you watch this video, you’ll hear directly from some children of divorce. They explain what they wish their parents knew when they were getting divorced. Some of their recommendations include: Never argue in front of the kids, never ask the children to pass messages between parents, and never use the children as leverage against the other parent.

No matter how simple your divorce might seem at first blush, things are rarely that easy when it comes to family law. Divorce lawyers in Owings Mills are intimately familiar with the many nuances of divorce, alimony, child custody, and child support laws. You can rely on your divorce lawyer to give you trustworthy guidance about your case and your options. If you do try a DIY divorce, you run the risk of making costly mistakes on the court paperwork, getting an unfair property division, and most importantly, losing the right to joint custody of your children.

Hiring a lawyer gives you another key advantage: a buffer zone in court. Divorce cases are incredibly stressful. Even if you’ve appeared before a judge before, you’ll likely find it difficult to present your arguments effectively during such a high-stress time. Your lawyer is the liaison between you and everyone else involved in the case, including your soon-to-be ex-spouse and his or her lawyer.

Despite the protections provided by domestic violence laws in Owings Mills, countless individuals have been victimized by the people closest to them. If you’re considering divorce and your spouse has committed violence or threats of violence against you, then your safety is your priority. Know that acts of violence can unpredictably escalate before victims are able to leave their abusers. Unfortunately, this has caused many victims—mostly women—to lose their lives before they can get away. Don’t wait for the situation to worsen before taking action—get the help you need today.

Contact the local police department.

As soon as you are able, you should report the abuse to your local police department. Call 911 if you need emergency help. When you file the report, be as specific as possible. The report should reflect whether your spouse has an ongoing pattern of abusive behaviors. It isn’t enough to simply say that your spouse broke one of your ribs. To substantiate the case, you’ll need to specify exactly what your spouse did, and what you did during the incident.

Consult a family court attorney.

Your spouse may react violently if you tell him or her that you’re seeking a divorce. Instead of telling your spouse first, and then getting legal help, talk to an attorney right away. Your lawyer can provide guidance on obtaining a restraining order. In the meantime, if you do go back to the shared residency, ask your attorney not to call you at home. He or she shouldn’t call your cellphone, either, if your spouse might check your call logs.

Get to a safe place.

Even the most carefully planned arrangements can be derailed if your spouse becomes violent again. If you or your kids are in imminent danger, your only priority is to get to a safe place. Call 911, go to a hospital, or go to a relative’s or friend’s house if necessary. The nursing staff at any hospital can direct you to the confidential location of the nearest domestic violence shelter.