Serving Glen Burnie & the Surrounding Areas
Divorce is the process of legally ending a marriage. During a divorce, the assistance of a divorce lawyer in Severn can be invaluable, even if you do not anticipate a problem with the settlement process. At the Law Offices of William Trevillian, P.A., we are experienced in the field of family law, including child custody and prenuptial agreements. We can help you through the process of a divorce to reduce stress and ensure your rights are upheld once an agreement is reached.
Grounds for Divorce in Maryland
Couples seek the dissolution of their marriage for many reasons. The state of Maryland observes two types of reasons for divorce: “no fault” and “fault” grounds for divorce.
- A no fault divorce occurs when a couple has decided to end the marriage based on irreconcilable differences. No fault divorces may require the couple to live in separate residences for at least 12 months before a divorce can be sought. New Maryland law also allows couples to seek a no fault divorce via mutual consent, provided the couple has no minor children and can reach a written legal agreement regarding issues such as property division and alimony. Mutual agreement divorce also requires both parties to appear in court.
- Fault divorces are sought in cases of crime or endangerment. These divorces do not require the same type of 12-month separation period as a no fault divorce. In Maryland, fault grounds for divorce include adultery, desertion, cruelty and violent conduct (which includes physical and mental abuse), insanity, and most types of criminal convictions. However, it’s important to note that if an offending spouse’s conduct is forgiven, this may eliminate the grounds for the fault-based divorce.
Understanding Separation Before Divorce
Separation is often a precursor to divorce; however, a separation agreement does not require a couple to seek divorce. A separation agreement does not dissolve a marriage, but outlines the legal results and responsibilities of living separately. Separation agreements may include child custody and support, as well as the division of property. The agreement, once signed, is legal and binding, with the exception of child custody and support issues, which can be adjusted by a court if the child’s wellbeing is in question. Once a couple has been separated for a minimum of 12 months, they may seek a no fault divorce or choose to retain their legal marriage.
A divorce can be a stressful and confusion situation, and one you shouldn’t try to navigate alone. At the Law Offices of William Trevillian, P.A., our experienced divorce lawyers are here to assist you— please call (410) 761-2430 to discuss child custody, alimony, and your other concerns with a family law attorney.