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The Truth Behind Common Myths About Divorce Law in Maryland
Divorce law is complex and is periodically redesigned. There are also plenty of misconceptions about divorce law, which further complicates matters. Your best source for accurate, up-to-date information is a family attorney in Owings Mills. Ahead of your initial consultation, write a list of your questions and concerns.
Myth: Assets listed under one spouse’s name are off-limits.
Your family lawyer may ask you to bring a complete list of assets to your consultation. This allows him or her to give you an estimate of how the judge will likely divide your property. One common misconception is that anything solely listed in the name of one spouse cannot be divided among both spouses. In fact, a Maryland court can order the redistribution of any marital asset. In other words, if a spouse purchased a truck during the marriage, it is considered a marital asset and it can be included in a marital property award.
Myth: Retirement assets cannot be divided.
Similarly, retirement assets are considered to be marital property if they were earned during the course of the marriage. This means that the court may redistribute a 401(k) pension plan, IRA, military pension plan, or other retirement assets.
Myth: Spouses can be separated, but live in the same house.
Maryland divorce law is among the strictest in the country. Before you can finalize a divorce, you and your spouse may be required to undergo a one-year separation. It’s often thought that spouses can legally be considered separated as long as they sleep in separate bedrooms. In most cases, spouses can only be considered separated if they maintain separate residences for 12 consecutive months. During this time, the spouses must also abstain from marital relations.
Myth: Legal separation is always required before an absolute divorce.
Maryland recently revamped its divorce laws to make it easier for some spouses to obtain an absolute divorce without enduring a 12-month separation. Spouses who do not share children in common and who work out a divorce settlement agreement that resolves all involved issues can be granted an absolute divorce much more quickly.
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What Is the Legal Definition of Negligence?
If you consult a personal injury lawyer in Owings Mills after you’ve been hurt in an accident, you may hear the term “negligence” frequently. As your accident lawyer can advise you, the legal concept of negligence can play an integral role in your claim. Your accident lawyer will need to prove that the other party acted in a negligent manner and that these negligent actions directly led to your injuries or other damages.
When you watch this video, you’ll hear a professional discuss the legal definition of negligence. She explains that a person is found to be negligent if he or she has acted in a manner that departs from the standard of conduct expected of a reasonable person acting in similar circumstances. For example, your accident lawyer may argue that the other driver was negligent because he or she failed to reduce the vehicle’s speed in unsafe weather.
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Why Do Couples Get Divorced?
In the United States, it is estimated that up to 50% of first marriages end in divorce, while up to 60% of second marriages end in divorce. While there are many reasons a couple may choose divorce, there are several common factors that often come into play during this process. If you are considering divorce, working with an experienced family attorney near Owings Mills is the best way to ensure this process proceeds quickly and smoothly, regardless of your reasons for divorce.
Lack of Commitment
Many couples cite a “lack of commitment” to the marriage and to each other as a major cause for ending their marriage. This lack of commitment may take many forms, from the avoidance of arguments and problems to poor scheduling with respect to spending time together as a couple. When partners do not feel that they hold a significant place in each other’s lives and minds, this feeling often becomes a major underlying contributor to divorce.
Infidelity
Infidelity is another commonly-cited reason that couples opt to end their marriage. Whether one or both spouses are guilty of infidelity, the discovery of an affair or the intention to have an affair often irreparably damages the trust between the couple, leading them to pursue a divorce.
Abuse
Abusive behavior may be a major or a minor contributing factor to marriage annulment. This behavior can include abusive comments or language, as well as physical and sexual abuse. Especially if abuse is a factor in your decision to end your marriage, hiring a family attorney to help with your case can prevent an abusive spouse from retaining child custody rights after the divorce. https://mostbet-games.net/sa/
If you are considering a divorce, contacting a divorce lawyer should be the first step in this process. Your lawyer can help you draft a divorce agreement that includes the spousal support and child custody terms you want, as well as help to provide divorce mediation if you and your spouse disagree on any issues surrounding your separation.
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No More Waiting: Changes in Maryland Divorce Law
While most couples who marry hope to stay together for the rest of their lives, divorce is a possibility. If you and your spouse agree that you cannot stay married, a divorce can be the best choice for both of you. Up until recently, couples in Maryland who wanted to get a divorce had to wait one year from the time one spouse moved out to make the separation official. Thanks to a new law, however, couples without minor children who can agree on the division of property no longer have to wait. This expedited divorce process indicates progress in the area of divorce law, and respects the privacy of both parties more than the old law. Take a look at this infographic from a divorce lawyer in Owings Mills to learn more about what the new law means for couples in Maryland who are divorcing.
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Reasons the Court May Award Indefinite Alimony
Inform your attorney in Owings Mills if you plan to seek alimony, or spousal support, or if you suspect your spouse may seek alimony payments from you. Under family law, alimony is intended to maintain the standard of living for the parties after the divorce. When a judge awards alimony, it is typically restricted to a set period of time. However, indefinite alimony may be awarded in certain cases. When indefinite alimony is awarded, alimony laws still permit modification of the arrangement later on.
As your family lawyer can advise you, the court may award indefinite alimony if the party seeking payments cannot reasonably become self-supporting due to disability, illness, infirmity, or age. Even after the party seeking support makes reasonable progress toward becoming self-supported, indefinite alimony may be awarded if the separate standards of living of both parties are unconscionably disparate. Determining whether standards of living are unconscionably disparate is left to the discretion of the court.
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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.