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Annulment Versus Divorce
When most individuals consult divorce lawyers, they are seeking to terminate the marriage . Less commonly, an annulment may be granted by the court. This is a legal action that means the marriage was void and never officially existed. It is much more difficult to obtain an annulment because there are strict eligibility requirements. You can consult a family attorney near Owings Mills to determine if you should seek an annulment or a divorce. Your lawyer can also advise you about child custody issues, if applicable.
Watch this video to hear an expert discuss the differences between an annulment and a divorce. He explains why some people may prefer to petition the court for an annulment. He also discusses the differences in asset division between a divorce and an annulment.
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Get Answers to Questions About Child Custody
Determining child custody is often the most difficult part of a divorce proceeding or separation. Your best source of information is a child custody lawyer . A child custody lawyer serving Owings Mills can offer legal guidance regarding mediation, court proceedings, and the types of child custody arrangements available. When you go to your legal consultation, be sure to bring a list of any questions you may have about child custody laws.
What is Temporary Custody?
Divorce lawyers are often asked what will happen to the kids once a petition for divorce is filed, but before custody has been determined. Maryland law allows for temporary custody of children while litigation is pending (as well as some other temporary issues, like support, attorney’s fees, and use and possession of the marital home. When your child custody lawyer files the petition for divorce or custody, he or she will also file a request for a hearing for temporary custody. The judge will award temporary custody to one of the parents, based on the best interests of the child. Having temporary custody does not mean that you have a better or worse chance of being granted actual custody.Do the Courts Always Favor the Mother?
It’s a common misconception that the mother is automatically given preferential treatment in family court. Maryland law does not give preference to either parent, but rather it views both parents as the natural custodians of the child. The best interests of the child are the determining factors in awarding child custody. However, one of the factors the judge may consider is which parent primarily carries out caregiving duties for the child.Can the Child Express a Preference?
Under Maryland law, the judge can interview the child away from both parents’ presence to question him or her about preference. This depends on the age and maturity level of the child, and whether the child is capable of differentiating truth from fiction.What Happens if the Custody Order is Violated?
It’s fairly common for one parent to fail to return the child to his or her primary residence past the scheduled time. This is one way in which the custody order may be violated. When this occurs, the lawful custodian must first demand that the other parent return the child. If the child is not returned, the lawful guardian can work with a child custody lawyer to involve the authorities and have the order enforced. -
Interstate Child Custody Disputes
Child custody issues are rarely simple. However, when each parent lives in a different state, a child custody case in Owings Mills becomes even more complicated. If this applies to your case, you’ll need an experienced child custody lawyer on your side. Your child custody lawyer can help you understand the Uniform Child Custody Jurisdiction and Enforcement Act, which all states have adopted.
You can hear more about this important law by watching this video. The law establishes guidelines for determining which state’s court will hear a child custody case. However, each state still has its own guidelines regarding child custody and visitation decisions. The expert in this video discusses some factors that the court may consider when deciding which state will have jurisdiction.
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Factors Considered in Divorce Settlements
Even when spouses make a mutual decision to end their marriage, agreeing upon a divorce settlement is rarely easy. It’s important to get in touch with a family attorney near Owings Mills who can represent your best interests during negotiations with your soon-to-be ex-spouse’s counsel. Your family law attorney can advise you as to your state’s laws regarding property division, child custody issues, and other matters pertaining to your situation.
Asset Division
In a divorce settlement, a distinction is made between marital property, which is subject to division, and non-marital property, which isn’t. For example, Maryland law recognizes that any property obtained by an individual prior to the marriage remains the property of that individual, provided it is not gifted to the other spouse. The debts of the other spouse cannot affect non-marital property. Maryland law further establishes that all property obtained during the marriage is considered marital property, regardless of which party obtained the asset. An exception is if one spouse is gifted property, which would be considered non-marital property, and another would be if a spouse inherited property. Divorce lawyers can negotiate a fair division of marital property .Liability Distribution
Before engaging in negotiations, your family law attorney will need to know about all of your debts and the debts of your spouse. Maryland courts may not require one spouse to resume responsibility for paying obligations that are solely the other spouse’s. However, marital debts may be divided. A marital debt is one that is traced to the acquisition of marital property, such as a home.Child Custody and Visitation
Child custody is often a point of contention in divorce settlements. When negotiating with divorce lawyers, it’s essential for both parents to set aside their differences and work together for the best interests of the child. Under Maryland law, unless a court orders otherwise, both parents are considered to be the joint guardians of a child. If one parent is awarded sole physical custody, the other parent may be given visitation rights. -
Common Reasons for Divorce
Each couple’s reasons for consulting divorce lawyers are highly personal. However, there are some common trends regarding the breakdown of a marriage, such as frequent arguing, infidelity, and unmet expectations. If you find that your marriage can be defined by any of the following characteristics and a resolution is not likely, it may be time to consult a family law attorney near Owings Mills regarding key issues, such as alimony laws and child custody issues.
Infidelity
Many people consult divorce lawyers when they become aware that their significant others have engaged in an affair. Affairs often begin as friendships, which may then gradually evolve to infidelity. However, even if no cheating actually occurs, an emotional affair can be devastating for a marriage. Men and women cheat for a variety of reasons, such as to get revenge or to obtain reassurance about self-worth. Regardless of the reason, infidelity and emotional affairs tend to irreversibly destroy trust between spouses.Codependency
A codependent relationship is broadly defined as one in which an individual feels reliant on the other person for identity, value, and meaning. Codependency often arises from a traumatic childhood and typically leads to relationship problems. Some of the characteristics of codependency include low self-esteem, overreactions, obsessive thought patterns, and dysfunctional communication. When individuals who suffer from codependency do not receive counseling for their challenges, the marriage may deteriorate and divorce may be the result.Improper Conflict Management
Many couples cite frequent arguing as the overriding factor behind their decision to get a divorce. Spouses often fight over trivial issues, such as whose turn it is to take out the trash, which may then escalate into arguments about significant problems that never seem to be resolved. Couples who argue frequently may benefit from marriage counseling. A therapist can help spouses learn effective conflict management skills that may save the marriage. However, when this doesn’t work, or when one or both spouses remain uncommitted to working to improve the marriage, the help of divorce lawyers may be needed. яндекс -
For Better or For Worse: A Look at Divorce in Maryland [Infographic]
Divorce is never an easy situation for anyone. If you and your spouse have tried your best to make your marriage work but it simply doesn’t, it may be time to consult a divorce attorney serving Owings Mills to learn how to proceed with the dissolution of your union. In Maryland, grounds for a no-fault divorce mean that you and your spouse have lived separate and apart for a year, and cannot reconcile your differences. Fault-based divorces may be obtained in the case of adultery, the conviction of certain crimes, desertion, and other circumstances. Though a fault-based divorce may be more complicated, it could be the right choice if there are contentious issues to resolve. Take a look at this infographic from a family lawyer to learn more about divorce, alimony, and child custody in Maryland. Please feel free to share this information with your friends and family.