Contested and Uncontested Divorce
A contested divorce can involve many complex personal and financial issues such as the division of marital assets and debts, alimony, child support and child custody. The decisions that are made will likely affect your life and those of your family members for many years. A divorce lawyer can assist in navigating the divorce process and address issues such as how to divorce, filing for divorce, grounds for divorce, annulment, divorce settlement, and uncontested divorce.
An absolute divorce in Maryland is permanent, allows the former spouses to remarry, and resolves issues relating to property. A court may grant a divorce based on certain grounds, including the following:
Spouses may divorce if they have lived separate and apart for a period of twelve consecutive months in Maryland regardless of whether the spearation was mutal and voluntary, and six months in Washington, D.C. if the separation was mutual and voluntary, and there is no hope or expectation of a reconciliation.
Spouses can divorce by "mutual consent" if they satisfy the four following conditions: 1) they have no minor children in common; 2) they have entered into a signed, written marital settlement agreement that resolves the issues of alimony and disposition of property; 3) neither party has requested that the settlement agreement be set aside; and 4) both spouses attend the uncontested divorce hearing. This no-fault divorce ground, unlike the ground of Separation above, does not require the parties to have lived separate and apart for any period of time before filing for divorce.
Desertion and Constructive Desertion
Desertion occurs when one spouse has abandoned the marital home for a period of twelve consecutive months with no intention of returning. Constructive desertion, on the other hand, occurs when one spouse’s behavior causes the other spouse to leave the marital home.
Cruelty and Viscous Conduct
Cruelty and vicious conduct occurs when one spouse abuses the other party or a child.
Adultery occurs when one spouse voluntary has sexual relations with a person who is not his/her spouse.
To schedule a consultation to discuss your specific family law issue with a divorce attorney, contact the Law Firm of Minshew & Ahluwalia at (240) 386-8705 or fill out our contact form. The Law Firm of Minshew & Ahluwalia LLP provides legal services to residents in Washington, D.C., and throughout Maryland including Montgomery County, Frederick County, and Prince George's County.