Get the Facts About Divorce Laws in Maryland
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.
A Look at Field Sobriety Tests
Field sobriety tests are a cornerstone of DUI cases. If you have been charged with a DUI or experienced a car accident with someone who was, your criminal or auto accident attorney in Severn will closely examine the field sobriety tests as part of your case.
Field sobriety tests are performed on the scene of a car accident or traffic stop. They are performed as a measure of intoxication and can be the first line of testing before officers use a breath or blood test to determine blood alcohol content. There are a number of different techniques officers can use in field sobriety tests, including counting backwards, saying the alphabet, one-legged stands, and the finger-to-nose test. The results of the test are not definitive but can be used as part of a DUI case.
If an officer gave you a field sobriety test at the scene of a crash, tell your car accident lawyer as soon as possible. If you were at fault for an accident and failed a field sobriety test, your auto accident lawyer will attempt to prove that factors beside alcohol, such as uneven terrain, influenced your test results. A car accident lawyer can also answer any questions you have about the process.
Negotiating Child Custody and Visitation Schedules
In addition to complex financial negotiations, one of the most important decisions you will make during your divorce is child custody. Don’t enter negotiations with your spouse without an experienced custody lawyer on your side to protect your rights. Here are some of the issues your family law attorney near Glen Burnie can help you decide.
Child custody can be joint, which means that it is shared by both parents, or one parent can be awarded primary custody while the other gets visitation with the children. Tell your child custody lawyers up front which option you want to pursue. To win primary custody, you must prove that your spouse’s home is not suitable for long-term stays. To set a visitation schedule, allow your child custody lawyers to negotiate a schedule that works for both parents. Keep in mind that child custody and visitation schedules are not enforceable unless they are approved in a court, so your lawyer will help you go through the proper channels to establish a binding agreement.
Should You Hire an Attorney for a Misdemeanor Charge?
If you are arrested on a misdemeanor charge , do you need to hire an attorney? Just as divorce lawyers and child support enforcement are essential for couples ending their marriages and a car accident lawyer near Glen Burnie can help you get compensation after an auto accident, a criminal lawyer can protect your rights if you are facing misdemeanor charges. Watch this video to learn more.
Although you may be able to handle misdemeanor charges without a criminal lawyer, it is not advisable. A conviction can impact everything from your employment to your child custody. Charges can also leave you vulnerable to other legal problems, such as child support enforcement if you are behind in payments. A family lawyer can help you minimize these complications and get the best outcome possible with your case.
Taxes and Your Divorce Case
One issue you may wish to discuss with your divorce lawyer in Severn as you navigate your case is how becoming divorced will impact your taxes. The implication of a divorce can reach beyond simply changing your marital status on your tax returns. This video explains more.
If you are going through a divorce, you must still file as married if your divorce was not finalized on the last day of the year. Filing as head of household or claiming children as dependents can only be done by one spouse, so you should negotiate these terms through your divorce lawyers. Generally, you must have primary child custody to claim your children as dependents. Divorce lawyers can include information about tax rights in your divorce decree, including how custody of children affects the dependent deduction claim.
Facing a Child Custody Dispute
Frequently, the most difficult issue divorcing couples face is child custody. Deciding where the children will live, who has the authority to make important decisions about them, and how you will share the financial responsibility of their care can lead to disputes even in amicable divorces. Child custody lawyers near Severn can not only help you protect your rights as you fight for the custody you want but also ease conflict between you and your ex by acting as intermediaries. If you are facing a child custody dispute , here is what you need to know.
All Agreements Must Happen in Court
Although you and your spouse may have discussed child custody arrangements and even come to an agreement that works for you, custody is not truly set until the deal is finalized in a family law courtroom. That means that your spouse can arbitrarily decide not to abide by your agreement or demand changes to it without any legal recourse for you. It is essential to work with child custody lawyers throughout disputes and negotiations, so that you can ensure that all agreements go through the proper legal channels to avoid future complications.
Children May Have a Say
Courts are committed to make decisions that are in the best interest of the children, and they may welcome input from the children when resolving a custody dispute with parents and child custody lawyers. The weight the court places on what children say varies depending on many factors including age, maturity, reasons for preferences, and parents’ abilities to influence what their children request. Try not to involve your children in your dispute or interfere with your children’s relationship with your ex, as these actions could work against you in court.
Often, courts act to keep children in the home that offers the most stability. For instance, if awarding custody to one parent means that the children would need to change schools, the court may opt to avoid that placement. Courts usually aim to put children with the parent that can provide a home where children can do homework, go to bed on a schedule, have meals cooked for them, and otherwise maintain a stable lifestyle.
Avoid These Mistakes in Your Car Accident Case
Mistakes you make in your car accident lawsuit could cost you the compensation to which you are entitled. Before making any agreement after an accident, consult with a car accident lawyer near Severn. Your accident attorney can help you avoid missteps like these that could interfere with your case.
Talking About Your Case
While your case is being adjudicated, avoid discussing your case with anyone other than your car accident lawyer. Often, insurance agents, car accident lawyers working for the defense, and even jurors in your case may try to contact you, and anything you say could be used to dispute your claim. If anyone approaches you with questions, refer them to your attorney. Likewise, avoid discussing your case on your social media accounts or posting photos that could be used to minimize your injury. Setting your pages as private is not sufficient. Your attorney may suggest that you avoid any social media activity until your case is complete.
Throwing Away Evidence
Because car accident cases can take a long time to resolve, you may complete medical treatment before a ruling is made. In the interim, do not throw away anything related to your care, including empty pill bottles or old casts. These items can all be used as evidence of the severity of your injury, and without them, your claim may be more difficult to prove.
Having an Insurance Medical Exam
Insurance medical examinations are common after car accidents. The insurance company of the person at fault for the accident may require you to have one of these exams at a doctor they choose. Although doctors who perform these exams are supposed to be independent, they are frequently actually linked with the insurance company and are hired to say you are not injured. If you are told by an insurance company that you have to have one of these exams, call your auto accident lawyer. You may not be able to avoid having an insurance-sanctioned exam, but your lawyer can help you lay the right groundwork to dispute the findings if necessary.
Are You Eligible for Alimony?
During a divorce, alimony may be awarded to one spouse to help him or her transition financially to life after marriage. To be eligible for alimony, your divorce lawyer in Severn must request it before the divorce is finalized. You cannot go back and request alimony after the divorce case has ended. Should your divorce lawyer request alimony on your behalf? Here are some of the factors divorce courts consider when making decisions about alimony payments.
Ability to Self-Support
The court will consider your ability to support yourself after the divorce. To determine if you are able to sufficiently support yourself, your divorce lawyer will present evidence about your education and work history, particularly if you did not work during the marriage and have been out of your field for an extended period of time. If you need further education to be able to support yourself, the court may award rehabilitative alimony to provide support for the period of time it takes you to complete your education. After you are done, the alimony payments will end.
Length of Marriage
Courts seldom award alimony for short marriages, but it is more of a consideration in longer marriages. Long-term couples are likely to have developed a certain lifestyle through cooperation and collaboration over the course of their marriages, and the court may wish to ensure that both couples continue to enjoy these benefits after severing their relationship. Couples in long marriages are also likely to be older, which can impact their earning potential, making alimony a potential solution.
Physical and Mental Health
The physical and mental health of both spouses will be considered by the court when awarding alimony. If a physical or mental health issue prevents you from working, you may be eligible to receive alimony payments from your spouse. This is called indefinite alimony and has no pre-set ending point. However, this alimony may be stopped if your ability to support yourself changes or you remarry. Your family lawyer must present evidence of your health problem to earn this kind of alimony.
What Types of Damages Are You Eligible for After a Truck Accident?
If you have been hurt in an accident , you need a car accident lawyer near Severn who will fight for your right to compensation. Truck accidents can be devastating events that leave victims in lifelong pain—and with insurmountable medical bills. After an accident injury, car accident lawyers will evaluate the facts of your case to determine if you may be eligible for monetary damages. Keep reading to find out more about truck accident damages, including compensation for lost wages, medical bills, and pain and suffering.
After a truck accident, your car accident lawyer will argue that you deserve to be compensated for any wages you lost as a result of your injuries. A court awards lost wages damages when a victim is unable to work because of his injuries or missed time from work due to medical treatment. The right to be reimbursed by the person or company responsible for your accident applies equally to any injured employee. The court does not subtract vacation or sick leave from lost wages damages.
Your car accident lawyers will also fight for your right to be compensated for any medical expenses you incurred due to your accident. Damages for medical bills may include hospital stays, ambulance rides, nursing home stays, physical therapy, medical procedures and tests, and medication. The medical portion of damages includes any past or future medical treatment the victim anticipates needing.
Pain and suffering, or general suffering, is a legal term that auto accident attorneys use to refer to general emotional and psychological stress caused by an injury. Damages that result from pain and suffering may include any limitations on a victim’s activities, a shortening of his or her life, depression, and disfigurement. Damages awarded for pain and suffering are designed to compensate personal injury victims for a decline in their quality of life.
What Happens if You Refuse a Field Sobriety Test at a Drunk Driving Checkpoint?
Drunk driving checkpoints are designed to prevent serious auto and motorcycle accidents caused by drunk drivers. A car accident lawyer is often asked what a driver’s legal rights are if he or she refuses a sobriety test at such a checkpoint.
DUI and car accident lawyers advise clients that refusing a field sobriety test often means that you will be taken to a local police station for a chemical test. Chemical tests determine how much alcohol is in a driver’s system, often by testing the driver’s blood. While car accident lawyers have questioned the constitutionality of such tests, the courts have repeatedly upheld their validity. However, police departments often post the location and time of drunk driving checkpoints ahead of time.