If you and your former spouse have made the difficult decision to split up, you should consult with divorce lawyers in Glen Burnie and Severn as soon as possible. A divorce lawyer is well versed in family law and familiar with the family court system. Even if your divorce is amicable, you will need a divorce lawyer to make sure your rights are protected, especially if children are involved. To learn more about Maryland divorce law, continue reading for some answers to frequently asked questions.
Is No-Fault Divorce Permissible?
As your divorce lawyers will advise you, no-fault divorce has recently become legal in almost every state, including Maryland. In the past, family law mandated that couples remain married unless one partner could prove that the other was at fault. While a divorce lawyer may now seek no-fault divorce, which means neither partner was legally responsible for the marriage’s dissolution, your attorney can only secure a no-fault divorce if you and your spouse have been living apart for at least one year without interruption.
What are the Grounds for Fault Divorce?
In Maryland, one spouse may still file for a fault-based divorce if he or she can prove that the other partner was responsible for the demise of their union. Your divorce lawyers will discuss your options with you, but permissible grounds for a fault divorce include adultery, desertion, conviction of certain crimes, insanity, cruelty, and excessively vicious conduct. Desertion occurs if one spouse has been gone for one year, without interruption, and deliberately intended for his or her abandonment of the other partner to be final.
Can Someone Be Legally Justified in Leaving a Marriage?
If your former spouse accuses you of desertion, your divorce lawyer can defend you against the charge by proving that you were justified in leaving the marriage. In that case, you will not be at fault. For example, your ex may have acted in such a way that you felt compelled to leave because he or she threatened your health, reasonable comfort, or self-respect.