• Do You Need a Separation Agreement?

    Maryland divorce law requires some divorcing spouses to undergo 12 consecutive months of legal separation before an absolute divorce can be granted. When you talk to a divorce lawyer in Glen Burnie or Severn, you can find out whether you may have grounds to divorce sooner than this or if you need a separation agreement. A legal separation is not the same as a divorce; separated spouses are still legally married . However, the separation agreement is still a legally binding document that can resolve the same issues that arise during a divorce, such as child custody and property division.

    During the 12 consecutive months of separation, the spouses must maintain separate residences and abstain from sexual relations with each other. If these conditions are breached, then the period of separation must begin again if the spouses are still intent on divorcing. There is no requirement to finalize the divorce; a legal separation may end in reunification.

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  • Determining Who Is Responsible After a Personal Injury Claim

    Personal injury cases such as commercial truck accidents can be quite complex. After a crash occurs, it’s important to contact a big rig accident lawyer serving Glen Burnie and Severn because statutes of limitations apply to filing a big rig accident lawsuit. Your lawyer will review the facts of the case and examine all available evidence to identify the parties that may be named as the defendants. In a case that involves a big rig accident , it is not unusual to have multiple defendants. Big - Rig

    Truck Driver

    Truck drivers are frequently named as the defendants in big rig accident lawsuits. To hold a truck driver liable, your attorney must prove that he or she breached a duty to exercise reasonable caution while behind the wheel. Negligence can come in many forms, such as using illicit recreational substances or consuming alcohol before operating a truck. Taking legitimately prescribed medications might even constitute negligence if those medications are known to cause delayed reaction times and impaired judgment. A truck driver might also be found negligent if he or she operated the truck in an unsafe manner, such as by speeding, failing to merge into traffic safely, failing to navigate intersections safely, or otherwise violating traffic rules. Driver distraction is a major problem on the nation’s roadways and truck drivers are not immune to it. Even professional drivers may give in to the temptation to use a cellphone while driving or otherwise engage in distracting activities.

    Trucking Company

    Commercial transportation is an inherently dangerous industry. Because of this, truck drivers and the companies that employ them are required to adhere to strict safety standards. If a trucking company violates those standards, the truck accident lawsuit may name that company as a defendant, perhaps in addition to the truck driver. In these types of personal injury cases, a truck driver’s logbook is often a key piece of evidence. The logbook may establish that the truck driver failed to take the required breaks, perhaps because of the company’s policies on timely deliveries and pick-ups.

    Truck Manufacturer

    Another possible defendant is the manufacturer of the truck or any of its parts. Big rig accidents may be caused by defective brakes, tires, or other components. For the safety of everyone on the roadway, it’s essential that commercial trucks are in good working order.

  • Do You Have Grounds to File for a Fault Divorce?

    Maryland has stricter divorce laws than many other states. In many cases, it’s necessary to prove that a person has fault-based grounds for an absolute divorce if a 12-month legal separation is not desirable. Speak with a divorce lawyer in Glen Burnie or Severn about your particular situation to find out if you may be able to prove a fault basis for divorce. divorce - laws

    Adultery

    Infidelity is a common reason for divorce, but many spouses hesitate to seek a fault-based divorce because they believe that adultery is difficult to prove. It can sometimes be challenging to prove adultery, but it is certainly not impossible. All your divorce lawyer needs to prove is that your spouse had the disposition and the opportunity to engage in intercourse outside of marriage; it isn’t necessary to provide definitive documentation of sexual intercourse. For example, a private investigator may take photos of public displays of affection between your spouse and another person. This proves the disposition to commit adultery. Testimony may be admitted to show that your spouse entered the other person’s dwelling and did not leave until the following morning. This proves the opportunity for adultery.

    Desertion

    Under Maryland divorce law, desertion may be “actual” or “constructive.” Actual desertion occurs when a spouse leaves the marital home without a justifiable reason. Constructive desertion involves being justified in leaving the marital home, in which case, the spouse who leaves is deserted.

    Cruelty

    Cruelty of treatment and vicious conduct often involves acts of physical violence committed against a spouse or the minor child. Cruelty may be proven with medical records, police reports, and photographs of injuries. However, cruelty of treatment can also involve emotional or verbal abuse. Cruelty can refer to a pattern of abusive language that is severe enough to threaten the well-being of the other spouse.

    Criminal Conviction

    A fault-based divorce based on a criminal conviction is among the easiest to prove. All that’s needed is the proper paperwork to prove that your spouse was convicted of a crime and has received either an indeterminate sentence or a sentence of more than three years. At the time of filing for divorce, the spouse must have been incarcerated for 12 months.

  • What to Do if Your License Is Confiscated in a DUI Stop

    If you’re pulled over on suspicion of DUI in Glen Burnie or Severn, the police officer can confiscate your driver’s license. When this happens, he or she will issue you a paper license, which is only valid for the next 45 days. If you do not act quickly enough, you are facing a suspension of your driving privileges. Get in touch with a defense attorney as soon as possible after being charged with DUI. Your criminal defense lawyer will walk you through the process of requesting an administrative hearing and, of course, he or she will represent your best interests at this hearing. You must request this hearing within 10 days.

    The hearing may be scheduled after the 45-day period has expired. However, if you request a hearing within the 10-day period, you can receive an extension of the paper license. This allows you to retain your driving privileges while you await the hearing. However, even if your license is indeed suspended, your DUI attorney may be able to help you obtain a work-restricted driver’s license to allow you to retain your employment.

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  • Understanding Catastrophic Injuries and Car Accident Lawsuits

    Moving forward from a car accident is always difficult. The car accident survivor’s health is the top priority, but other obstacles include the damage inflicted on the car and the lost wages the survivor is likely to suffer. When a survivor’s injuries are catastrophic, recovering from a wreck is particularly challenging. If you or a loved one has been diagnosed with catastrophic injuries, you should consult a car accident lawyer in Glen Burnie or Severn immediately for legal guidance. car - accident - lawsuit

    Defining Catastrophic Injuries

    All car accident injuries are undesirable, but catastrophic injuries are on a different level. They are broadly defined as severe injuries that inflict long-term or permanent bodily impairment or disfigurement. Catastrophic injuries will typically involve a lengthy period of recovery and extensive medical treatment, such as multiple surgeries. Some people with catastrophic injuries require a lifetime of medical and personal care. Some examples of catastrophic injuries that a car accident may inflict include traumatic amputations, permanent loss of vision, severe and extensive scarring, traumatic brain injuries (TBIs), and spinal cord injuries. Spinal cord injuries in particular can be devastating because they often involve a degree of paralysis, which is irreversible.

    Identifying Damages

    Before filing a personal injury lawsuit, the attorney must identify and calculate the plaintiff’s damages or losses. These calculations will inform the amount of money that the lawsuit specifies. It may not be possible to develop an accurate estimate of a plaintiff’s damages right after the accident. The plaintiff may first undergo extensive medical treatment and try to recover to the maximum extent that is possible. Then, the attorney can add up all of the plaintiff’s economic damages, which include medical bills, medication costs, and similar expenses. The attorney will also develop an estimate of the medical costs the plaintiff can expect to incur over his or her lifetime. Then, the attorney can calculate the plaintiff’s non-economic damages, such as pain and suffering.

    Proving Damages

    In any personal injury lawsuit, it’s necessary for the attorney to gather evidence and argue the plaintiff’s case in court. In a catastrophic injury case, the attorney must not only prove that the defendant is liable for the plaintiff’s injuries, but also prove the extent of the injuries. It may be necessary to have an expert witness testify as to the future medical and personal needs of the plaintiff.

  • Divorce in the News: Johnny Depp and Amber Heard

    When the time has come to file for divorce , you might consider having your divorce lawyer in Glen Burnie or Severn try for an out-of-court divorce settlement. That’s exactly what Johnny Depp and Amber Heard did when their marriage ended in scandal. Watch this video to find out the details.

    This entertainment reporter provides some background on the case. After being married for just 15 months, Heard filed for divorce from Depp and alleged that Depp had been physically and emotionally abusive. After the two reached a divorce settlement, Heard petitioned to get the domestic violence charges dropped. The settlement involves Depp paying Heard a total of seven million dollars, which Heard has said she will donate to a charity.

  • Are You a Good Candidate for a No-Fault Divorce?

    Before you file divorce papers in Glen Burnie or Severn, it’s necessary to consider whether you meet the requirements to file for divorce and to consider which type of divorce you wish to pursue. Maryland divorce law allows couples to file for fault-based or no-fault divorce. Fault-based divorce is only permitted in certain circumstances, such as when one spouse is accused of desertion, adultery, or other acts of egregious conduct. Most couples will file for no-fault divorce, which does not place blame for the breakdown of the marriage on either spouse. no - fault - divorce

    Residency Requirement

    Before filing for either type of divorce, it’s necessary to meet the residency requirement. At least one of the spouses must still be a resident of the state before filing the court papers. At least one of the spouses must demonstrate residency in Maryland for at least six months prior to filing.

    Legal Separation

    Until recently, the only basis for a no-fault divorce in Maryland was a legal separation. Couples are required to live in separate residences for at least 12 continuous months before filing the paperwork. If they temporarily cohabit the same residence, even for a day, the 12-month period begins all over again. Likewise, if the couple shares sexual intimacy, the 12-month period must start over again. Legal separation is also referred to as limited divorce. A limited divorce proceeds through the court system. It allows a separated couple to settle certain matters while waiting for grounds for an absolute divorce. For example, they could determine the division of property instead of having to wait for the 12-month period to be complete. When a couple has legally separated, they are not legally bound to proceed to divorce. They may decide to reconcile.

    Mutual Consent

    Recently, a new Maryland divorce law was passed that allowed certain qualifying couples to bypass the legal separation requirement. The law is based on the mutual consent of the spouses. Spouses can only qualify for this no-fault divorce is they share no children in common and come to an agreement on all issues, such as property division and alimony.

  • Should You File for Divorce?

    Sometimes, the decision to file for divorce comes easily. A spouse may have committed an unforgiveable act of infidelity or perhaps even been incarcerated. There are many fast-developing situations that can prompt the other spouse to consult a divorce lawyer in Glen Burnie or Severn. But in many cases, the decision to file for divorce comes after hours of painstaking consideration and emotional upheaval. Often, spouses simply grow apart or fall out of love. If the thought of divorce is already in your mind, then chances are pretty good that there’s at least one major problem with the marriage. filling - for - divorce

    Infidelity

    Many people consider unfaithfulness to be unforgiveable. Even when a spouse tries to forgive the other person, it can be very difficult to truly move on and rebuild the marriage. Sometimes, even the mere suspicion of infidelity is enough for a spouse to consider filing for divorce. If you suspect that your spouse has not been faithful to you, it’s time to consider whether the marriage is truly salvageable.

    Emotional Disconnection

    A long marriage—or even a short one—can witness many changes in both spouses. It’s likely that neither of you is exactly the same as when the relationship first started. Changes in personality, lifestyle preferences, life goals, and other traits may encourage emotional disconnection in a marriage. Sometimes, couples simply grow bored with each other. If you look forward to your time alone more than your time with your spouse, this could be an indicator that the two of you have drifted apart over the years.

    Communication Breakdown

    Communication is everything in a marriage. When spouses can no longer communicate openly with each other, they grow frustrated and even resentful. Simple discussions can frequently lead to passionate arguments, which may be unlikely to resolve with genuine apologies. Sometimes, a marriage counselor can help couples restore the ability to communicate. In many cases, the marriage heads toward divorce.

    Substance Abuse

    Substance abuse is a complicated problem that often drives families apart. The person who is abusing drugs may no longer be seem to be the same person to his or her spouse. Substance abuse often involves deceit, broken promises, and financial ruin-all of which can destroy a marriage.

  • How DUI Charges Affect CDL Holders

    Drunk driving is a serious criminal offense that is punishable by harsh penalties upon conviction, with good reason. Driving under the influence (DUI) and driving while intoxicated (DWI) causes thousands of deaths and injuries each year in the U.S. Certain drivers may be subject to additional penalties if they are charged with drunk driving, including those who hold commercial driver’s licenses (CDLs). If you’re a commercial driver and you were arrested on suspicion of drunk driving, it’s imperative that you contact a DUI lawyer in Glen Burnie or Severn right away. A DUI lawyer can protect your legal rights and work toward improving the outcome of your case. DUI - charge

    CDL Suspension

    The Maryland Motor Vehicle Administration (MVA) can suspend or disqualify your CDL for a number of reasons. It can be disqualified after a conviction of DUI charges. It may also be disqualified prior to conviction if the law enforcement officer allegedly determines that your blood alcohol concentration (BAC) was very high. You should be aware that your CDL can be disqualified if you refuse to submit to a chemical test of your BAC. When your CDL is suspended, you will receive a notice of disqualification. You must surrender your CDL to the MVA by the indicated date or you will risk having your period of suspension extended. Before you surrender your license, you should consult a DUI lawyer. He or she might recommend that you request an administrative hearing to fight the suspension.

    CDL Revocation

    Maryland criminal law allows for the revocation of a driver’s CDL for life under certain circumstances, including a second conviction of DUI. This can be devastating for individuals who rely on their ability to drive commercially in order to support their families. If you are facing DUI charges for the second time, you should contact a DUI lawyer immediately for legal guidance.

    Criminal Penalties

    In addition to the suspension or revocation of your CDL, you will face criminal penalties if you are convicted of DUI. For a first offense, you could face up to one year in jail or up to two years in jail for a second conviction. A first-time DUI conviction can result in fines of up to $1,000 or up to $2,000 for a second conviction.

  • What Is a Separation Agreement?

    If you and your spouse are considering splitting up, you may have considered meeting with divorce lawyers in Severn and Glen Burnie to discuss a legal separation . While a separation agreement is often a precursor to divorce, you may still decide to reconcile after you separate.

    As your divorce lawyers will explain, a separation agreement does not dissolve a marriage. However, it is a legally binding document in family law. When your family law attorney draws up a separation agreement, that document outlines legal results and responsibilities of living separately from your spouse. Separation agreements may include child custody and child support arrangements. Some legal separations will also divide marital property. Once signed, a separation agreement is legal and binding. However, child support and child custody issues may be adjusted by a court later on. Once you and your former spouse have been legally separated for 12 months, you may either seek a no fault divorce or elect to remain married. If you and your spouse are not sure of your options when it comes to legal separation, divorce, and family law, you should meet separately with divorce lawyers.

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