In Maryland, divorce petitioners review the current laws that apply to their case. The no-fault state imposes certain limitations, and all petitioners must meet the residency and separation requirements before filing. A divorce law attorney in Frederick explains how the proceedings work and what is expected from both parties.
No-Fault Divorce Grounds
The state follows no-fault divorce laws. Petitioners don’t have to use fault-based allegations to get a divorce. They can use irreconcilable differences that indicate that both parties are equally at fault for the breakup of their marriage.
Exceptions for Abused Spouses
Divorce laws offer an exception for spouses who were abused during the marriage. No-fault laws allow the petitioner to seek a limited divorce for vicious conduct or cruelty. However, limited divorce is just a legal separation and not an absolute divorce. A protection order is issued to protect the victim and prevent further abuse. The legal separation introduces additional laws that protect the victim during the necessary waiting period before they file for an absolute divorce.
The Prerequisites for a Divorce
Before filing for a divorce, the petitioner meets separation requirements. The couple separates voluntarily for one year or separates involuntarily for two years before starting divorce proceedings.
Formulating a Divorce Agreement
The divorce agreement defines the exact terms of the divorce. It addresses the division of all marital property, child custody, and child support. Alimony is also addressed in the agreement. Couples that reach an agreement are able to achieve an absolute divorce without court intervention.
However, if they can’t, a divorce trial is scheduled. A divorce trial could take up to two years to settle, depending on the size of the marital estate. Child custody arrangements are set up after the trial in a separate hearing.
In Maryland, a divorce case starts after the couple has been separated for at least one year. The state prevents any petitioner from using fault-based grounds in most cases. Some exceptions are made for abused spouses who are at risk. All couples must agree to the terms of the divorce agreement to achieve an absolute divorce. Petitioners who need more answers about these cases can contact a divorce law attorney in Frederick or click here right now.
