ARTICLES -
Legal Grounds For Divorce
WHAT YOU NEED TO KNOW? BE SMART - UNDERSTAND THE LAW
By: Stuart H. Grozbean
One of the most
asked questions from people looking to separate or divorce is:
Do I have grounds for divorce?
Here are the grounds for divorce in Maryland:
Adultery; Desertion; Voluntary Separation; Conviction of a
Felony; Two Year Separation; Insanity; Cruelty of Treatment; and
Excessively Vicious Conduct; Bigamy; Voluntary separation
(requires that both parties live separate and apart); criminal
incarceration; mental insanity.
FREE CONSULTATION (301) 738-5700
Voluntary Separation in (MD) Maryland is where both of you agree
to live separate and apart without cohabitation. This means that
you are mutually agreeing to live in separate residences.
Maryland does not allow the two of you to stay in the same home
and assert voluntary separation as a grounds for divorce.
The courts distinguish between "constructive desertion"and
"desertion" in (MD) Maryland, which (under desertion) is when one of the parties leaves without the
intention of returning. If the other person forces you to leave,
that is "constructive desertion." You won't be penalized by the
court if you leave for your own protection or that of the child(ren).
Cruelty and vicious conduct
in (MD) Maryland is where you have been abused by your spouse.
The mere fact that the two of you are not speaking is not
generally considered abuse.
Adultery in
Maryland (MD) is where your spouse is having sexual relations
with another person. However, once you learn of the adultery and
still have sexual relations with your husband it is deemed
condoned or in plain english, forgiven. You do not have to catch the spouse in
the actual act. The Court applies a more lenient test. Our
attorney's can explain in more detail.
If your spouse
has been incarcerated for more than 12 months on a three year
sentence, then you can
file for a divorce.
Bigamy in (MD)
Maryland is where one of the spouses has been married before,
but never obtained a valid divorce.
Insanity in (MD)
Maryland is where the person has been committed for more than 3
years.
Finally,
Maryland (MD) recognizes a two year no fault divorce where no ground
are necessary if you have lived separate and apart for the past 24
months.
Maryland also
has a limited divorce statute. However, it is often duplicitous
and can cause more money in legal fees. Whether it is an
appropriate cause of action for you needs to be discussed with
the attorney.
Find out more about Family Law Issues by going
to our articles,
(1) "What
is Divorce and Separation?"
(2) "What is Domestic
Violence?"
(3)
"Negotiation Vs. Litigation!"
CLICK HERE FOR A FREE MARYLAND
DIVORCE FINANCIAL WORKSHEET
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PEOPLE-WITH REAL PROBLEMS
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738-5700
A
Maryland law firm also serving the District of Columbia and the
Nations. Our Maryland divorce attorneys understand the law to
better help you.
YOU SHOULD REMEMBER THE INFORMATION THAT YOU
READ HERE IS GENERAL IN NATURE AND NOT MEANT TO BE A SUBSTITUTE
FOR SPECIFIC LEGAL ADVICE FROM AN ATTORNEY. CALL TODAY FOR A
FREE CONSULTATION.
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