Maryland divorce law is quite restrictive, although a recent change in the rules relaxed the requirements for couples who do not share children and reach agreements on other matters. In nearly all other cases, spouses must live apart for 12 continuous months before they can be granted an absolute divorce, rather than a legal separation. An exception to this rule applies when a spouse has fault-based grounds for absolute divorce, such as cruelty and excessively vicious conduct. A family law attorney near Owings Mills can discuss your case with you and determine if a fault-based divorce is right for you.

Physical Violence

For a court to grant a divorce on the basis of cruelty, your spouse’s actions must be egregious to the extent that they could be said to significantly jeopardize your health or permanently eliminate your happiness. A court is more likely to determine that physical violence constitutes cruelty if the spouse engaged in a pattern of physical violence, has threatened physical violence, or has engaged in mental abuse. Divorce may be granted if this abuse was directed to either you or to a minor child. Acts of physical violence may include instances of marital rape.

Mental Abuse

Courts give mental abuse significant weight when considering whether to grant an absolute divorce for fault-based grounds. Generally, mental abuse must be egregious. For example, the use of profane language alone might not be sufficient to prove cruel treatment. However, the court might consider the use of profane or indecent language to belittle the spouse or otherwise compromise his or her self-respect. Other types of mental abuse include controlling behaviors like isolating the spouse from other family members and friends. Mental abuse can include taunting and making public, false accusations for the purpose of debasing the spouse.

Evidence

Proving cruelty and excessively vicious conduct in court requires the use of physical evidence or witness testimony. Your family lawyer can guide you in establishing proof, such as through the use of medical records, photographs of injuries, and written communications.

Divorce usually results in difficult financial situations, which your alimony lawyer in Owings Mills will help you sort through. You may also wish to consult an accountant when it’s time to file your tax return, instead of handling tax changes yourself. If you’re the parent with primary physical custody of the child, you’re entitled to receive child support. These payments do not have to be reported as income—you’ll receive them tax-free to defray the expenses of rearing your child. If you’re awarded alimony after the divorce , you will typically have to report these checks as income, and they’ll be subject to taxation.

You might find yourself making alimony and child support payments after the divorce. In this case, your tax situation will be similar to that of your ex’s, only in reverse. You cannot deduct child support on your taxes in order to reduce your tax liability. However, you can usually deduct alimony payments, provided those payments are made in cash, rather than property. Additionally, alimony payments must be court-ordered if they are deducted.

In Owings Mills, Maryland, divorce law is a bit stricter than most of the country, although that has slowly been changing. In most cases, if the couple isn’t eligible for fault-based divorce or a mutual consent, no-fault divorce, then there is a minimum 12-month waiting period. This 12-month period is a legal separation, during which the spouses must not cohabit or have sexual relations. At the end of the separation, the divorce can proceed. The time it takes to finalize the divorce depends on the extent to which the spouses can agree to settle the major issues, such as custody and property division.

Spouses who do not share minor children and have resolved all issues out of court can seek a mutual consent divorce. Both spouses must sign the proposed settlement agreement. A court hearing may be scheduled in as quickly as 45 days from the filing of the paperwork. Another option is fault-based divorce, in which one of the spouses seeks to end the marriage because of issues like adultery, incarceration, or insanity. Some of these grounds may have their own waiting period. For example, divorce based on conviction of a crime can proceed only if the convicted person has been sentenced to more than three years, and has already served at least 12 months.

If you’ve been charged with drunk driving, you will need to have an attorney in Owings Mills explain the legal nuances of your case. Like other states, Maryland has established a rule of implied consent. This means that, if you are driving on the state’s roadways, you are presumed to have already consented to submit to a blood, breath, or urine test. The implied consent law applies to you if you’re pulled over by a police officer on suspicion of impaired driving and the officer asks you to submit to blood alcohol content (BAC) testing.

Since every driver has already given his or her consent to submit to testing, drivers who refuse to do so face legal penalties. If you’ve refused to take the test, your lawyer will inform you that you face a 120-day suspension of your driver’s license. If you refuse the test on a second occasion, the suspension will last for one year. Some people reason that it’s worth it to risk license suspension if it means they won’t be convicted of DUI. But in fact, refusal to submit to a test almost certainly won’t help your case, and it will only add to the penalties you could face.

The killing of one human being by another may be prosecuted under a few different charges. Homicide, for example, is an intentional killing. Manslaughter is different, but the potential legal penalties are still quite severe. If you or a loved one has been charged with manslaughter, it’s important to contact an attorney in Owings Mills right away. You can also watch this featured video for a quick introduction to this charge.

This legal professional explains that a person can be charged with negligent manslaughter if he or she acted in a negligent manner that resulted in another person’s death. This charge does not require that the defendant intended to kill the other person. For example, a drunk driver might not intend to kill a pedestrian, but the death could occur if the drunk driver strikes that person.

Divorce typically has substantial effects on personal finances. Not only will the spouses have to adjust to living on a single income, but they won’t have access to the same financial assets as before. The division of property is subject to Maryland divorce laws and factors that are unique to each individual case. For accurate legal guidance, it’s advisable to consult a divorce attorney serving Owings Mills .

What is marital property?

It’s a common misconception that marital property refers solely to property that is jointly owned by both spouses. In fact, marital property includes almost any property that was acquired during the marriage. This applies regardless of which spouse purchased the property or earned the wages. Marital property includes vehicles, furniture, artwork, real estate, stocks and bonds, bank accounts, and retirement accounts. There are a few exceptions to this rule. If one spouse receives an inheritance or property as a gift, it’s considered non-marital property. Property is also excluded if there is a valid, legal agreement that excludes it.

Is marital property divided 50/50?

Another common myth about property division in a divorce is that each spouse receives half of the marital assets. Maryland is an equitable distribution state, rather than a community property state. In an equitable distribution state, the court issues rulings on property division based on what would be fair for both parties. A fair result isn’t necessarily an equal distribution.

Can property be both marital and non-marital?

In certain cases, it’s possible for property to be marital and non-marital. One person might purchase a condo before the marriage, which would make the condo non-marital property. However, if marital assets are then used to pay the mortgage, the condo becomes partially marital and non-marital property.

Does the length of the marriage factor into property division?

The length of the marriage does not necessarily have a significant impact on property division, unless the marriage was short-lived. Short-term marriages do not generally give the spouses enough time to accrue significant marital property. In these situations, the goal of the court is generally to restore both individuals to their pre-marital financial situations. The spouses can expect to keep the property they each brought to the marriage, and fairly divide any assets acquired during the marriage.

During a divorce, separating property and assets can be a daunting process. Ideally, a divorce lawyer in Maryland can represent your interests during this negotiation process to ensure that your rights are being protected. If you and your ex cannot agree on how to divide the property, the court may make a determination that equitable distribution should occur.

Equitable distribution means dividing all of the marital assets in a fair manner. This standard does not mean that property is divided up equally but rather that is it shared between the two parties in a way that is deemed equitable based on factors such as the duration of the marriage, the financial and nonfinancial contributions made to the family by each party during the marriage, and each party’s current financial situation. Because equitable distribution is extremely complex, having a divorce attorney at your side is essential. Your attorney can accurately represent your claim to marital property during a divorce so that you get your fair share of the assets. He or she may also help with property division negotiations before you go to court, so that you and your ex can attempt to settle the dispute without legal intervention.

Alimony, or spousal support, is frequently an area of dispute in divorce cases. Before discussing spousal support in your divorce settlement, you should have an experienced alimony attorney in Owings Mills on your side.

Watch this video to learn more about how alimony is decided during divorce cases. In addition to any applicable state laws, courts consider each family’s individual circumstances before ruling on alimony. Your divorce lawyer can build a case that demonstrates your current financial standing after your marriage ended to argue either that you are entitled to support from your spouse if you are seeking alimony or that you should not have to pay to support your ex if you are fighting an alimony request.

When you’re facing a divorce in Maryland , it’s common to have questions about the process and how it will affect your future. As soon as you make the decision to separate, retain an experienced divorce attorney who can represent your interests as you negotiate with your ex on issues like child support and alimony. As you make decisions about your divorce, keep these answers to some frequently asked questions in mind.

What kind of divorce can I get in Maryland?

In Maryland, there are both no-fault and fault-based divorce. A no-fault divorce is the easiest to obtain. To qualify for a no-fault divorce, spouses must live apart voluntarily for one year without interruption if children were born during the marriage, or if no children were born during the marriage, spouses may qualify immediately if certain other criteria is met. If you seek a fault-based divorce, your divorce attorney will need to prove a reason for the divorce, such as adultery, cruelty, deliberate desertion that has continued for 12 months or more, or a criminal conviction that includes a three-year or longer sentence. Your attorney will help you choose the right type of divorce for your situation.

What is the difference between a limited and absolute divorce?

A limited divorce is similar to a legal separation. During a limited divorce, the couple is separated but the marriage is not terminated. Issues such as child custody and alimony are often decided on a temporary basis during a limited divorce, but those determinations can then roll over to an absolute divorce. An absolute divorce is the final, legal dissolution of a marriage. Limited divorce is not appropriate for every case but can be helpful in instances in which couples have not yet met the requirements for absolute divorce but need assistance in settling their differences until they become eligible.

How are child support and alimony different?

Child support is paid specifically to meet the financial needs of the children that were conceived during the marriage. It is typically paid to the custodial parent. Alimony is spousal support and is designed to prevent one spouse from experiencing a significant decline in lifestyle or financial standing after divorce. Courts consider each case individually before ruling on child support and alimony.

During a divorce in which the spouses share children in common, a family law attorney in Owings Mills can help the parties develop a proposed visitation plan. Normally, visitation occurs at the parent’s house. Occasionally, a judge may order supervised visitation, in which a neutral third party is present for the entire visitation to ensure the safety of the children. If you have concerns about your children’s safety when they are with your ex, talk to your custody lawyer about requesting supervised visitation.

Can I request supervised visitation for my ex?

Maryland family courts generally only require a parent to have supervised visitation if there is a reasonable belief that a child has been neglected or abused by that parent. It is not sufficient to request supervised visitation because you’re concerned the other parent might not help the kids with their homework or enforce limits on TV time. But if you do have reason to believe that your kids are not safe with the other parent, don’t hesitate to voice your concerns to the divorce lawyer.

Where does supervised visitation take place?

This is determined on case-by-case basis. Occasionally, the judge may allow supervised visitation to take place in the home of another relative. Alternatively, supervised visitation may occur at a family services center under the direction of a court-appointed facilitator.

Is supervised visitation the same as a monitored exchange?

Family service centers may also provide monitored exchange programs, but these are not the same as supervised visitation. A monitored exchange program allows the parent to drop off the child at the center and then leave. The other parent then picks up the child for unsupervised visitation.

Is there a fee for supervised visitation?

Some family service centers do charge fees, while others offer free services. Some centers require both parents to pay an upfront intake fee and the visiting parent to pay the hourly charges.

How will I know that my child is safe?

When your child is at a supervised visitation, you can rest assured that he or she will be closely watched by the staff. Staff members are trained to intervene whenever it is necessary to promote appropriate interactions between the parent and child. These staff members have experience working with children affected by divorce and separation, and they can help your child feel safe and secure.