In Maryland, divorce petitioners must follow specific guidelines for achieving a divorce, and they must ensure that all requirements are met. The state imposes specific requirements for any parties hoping to finalize a divorce unless dangerous conditions apply. A Divorce Lawyer in New Market can answer frequently asked questions about these proceedings.
Can You Use Fault-Based Divorce Grounds?
Yes, petitioners can file for a divorce using fault-based divorce grounds; however, they are required to provide sufficient evidence of any allegations they make. For example, desertion grounds must include evidence that the spouse left the marriage without any indication of return, and adultery grounds require substantial evidence of an extramarital affair. Any divorce grounds that require a specific a time requirement must be fulfilled before the petition is filed.
How Long Should Couples be Separated Before Filing?
The state required a one-year separation before most divorce petitioners are filed; except in cases in which domestic violence or adultery is the cause of ending the marriage. Under these circumstances, the petitioner must live in a different place than the defendant, and they must follow the stipulations of protection order where applicable.
Do Protection Orders Apply to the Children Also?
In a connected domestic violence case, the victims of the assault are identified in the protection order. If the child wasn’t a victim, the protection order doesn’t apply, and the other parent can seek visitation of the child. However, it can be difficult for the parent charged with this crime to get custody of their child if the parent is considered a risk.
Can a Defendant Redirect Blame?
Yes, if fault-based grounds are used, the defendant can contest the divorce if their spouse was guilty of the same behavior in which they are accused. This often applies to couples who are both addicted to controlled substances or have an alcohol addiction.
In Maryland, divorce petitioners must follow the law when filing a petition and trying to end their marriage. The law has a multitude of requirements that can make it more complex for some couples. Petitioners who need to file for a divorce contact a Divorce Lawyer in New Market through Russell & Heffner LLC today.
