In Maryland, petitioners who want to start a petition for divorce must live in the state for one year. Evidence of residency includes a state-issued driver’s license or passport, a rental property lease, or a mortgage loan contract. A divorce lawyer in Frederick answers questions and helps petitioners start their divorce case.
How Do Couples Qualify for a Divorce?
Under state laws, a couple cannot file for divorce unless they are separated for at least one year. Couples that chose a legal separation must wait at least two years to file for divorce. However, a legal separation agreement could be used to create a divorce agreement.
What are the No-Fault Divorce Grounds?
Under state laws, no-fault divorce grounds start with separation or desertion. Cruelty and vicious conduct are also classified as no-fault grounds. Typically, the former is connected with charges of domestic violence or spousal abuse. The classification applied when limited physical or sexual abuse occurred.
What are the Fault-Based Divorce Grounds?
Fault-based grounds include adultery, mental incapacity or insanity, incarceration for three years, excessive conduct or spousal abuse, or voluntary separation. The grounds require the petitioner to submit evidentiary support for their allegations. For example, adultery allegations require videos or photographs proving an extramarital affair.
Criminal court documents support claims of incarceration. A licensed psychiatrist must establish that the spouse is insane and must be hospitalized for two years. Criminal charges or a conviction for excessive abuse or domestic violence provide proof of cruelty or spousal abuse. Fault-based voluntary separation must be supported by evidence showing that the spouse left on their own accord and hasn’t returned by choice.
How to Avoid a Trial
Couples who cannot agree have the option to undergo mediation to settle their differences. The option allows both parties to discuss each term of the divorce agreement. A failure to reach an agreement could lead to a divorce trial.
In Maryland, couples must meet all preliminary guidelines before filing for a divorce. Divorce grounds must be chosen when filing. Evidence for fault-based allegations is also required. Petitioners who need assistance can contact a divorce lawyer in Frederick or click here for more info now.
