Crucial Aspects of Divorce and Role of Top Divorce Lawyers in Maryland
You must have come across a movie scene that shows a man asking his wife to put her sign on divorce papers and the divorce is instantly done, just as soon as the lady signs the paper.
Well, this is far from being true as there are several complexities involved in filing for divorce in Maryland.
Complexities of filing a divorce
There are several critical aspects of divorce that necessitate strong support of any one of the top divorce lawyers in Maryland. These include legal grounds to file a divorce, actual procedure of filing for divorce, property issues, alimony, and child custody, to name just a few.
In Maryland, a legal separation is also considered as a divorce but is referred to as a limited divorce. During the period of such separation, no partner is free to marry again. If you want to choose the best divorce lawyer in Maryland, look for the one with maximum experience in dealing with divorce cases.
In Maryland’s legal parlance, an absolute divorce is nothing but the legal dissolution of marriage. To qualify for filing a divorce in Maryland courts, one must possess Maryland’s residency status.
Divorce procedures — a brief review
Divorce filing should be processed in the court of the state the person seeking an absolute divorce is residing in. The defendant should also be sent a notice regarding filing of the absolute divorce as the same has to be responded to within a period of two months.
While drafting a complaint of divorce, one must mention all facts related to the marriage and the existing grounds that have made you file for divorce. The defending party must reply to the notice of divorce within the stipulated period. In the event of failure of the defendant to respond to such notice, the court may pass an ex-parte judgment which usually favors the petitioner.
Uncontested divorce is possible if the respondent has accepted all charges and factual details mentioned in the notice. Such a divorce is also considered as divorce by mutual consent.
A limited divorce can be filed if the petitioner is suffering from domestic violence or if the respondent has deserted the plaintiff for any reason whatsoever. In the event of separation by choice, the court can allow limited divorce.
There are specific grounds to file an absolute divorce including extramarital affairs, violent behavior, criminal conviction, and incurable mental illness. If the partners are living separately for a minimum period of one year, either the wife or the husband can file for an absolute divorce.
Property division
One must seek assistance from any one of the top divorce lawyers in Maryland to navigate the divorce case successfully.
The most tedious and complex aspect of absolute divorce is the separation agreement.
This pertains to the property division wherein all details of properties and assets must be mentioned along with the process of division of these possessions. Ideally, a separation agreement needs to be prepared with mutual understanding between partners. Alternatively, the court can intervene if there is a dispute.
Filing for a divorce can be a very complex matter. If you are able to hire an experienced divorce attorney, you can be assured of a smooth process leading to a positive outcome.