Friday, February 9, 2018

Most Common Grounds For Divorce









Ever wonder the roots why married couples split? How come they could dare to break their sacred vows to each other and put an end to their marriage in just a blink of an eye? Well, you can think of many.

However, on a legal basis, take note of these so-called common grounds in order to file for divorce. Some states in the U.S. even have varying numbers of grounds, or only offer no-fault divorce (other spouse does not have to prove any fault towards the other). You really need to hire a divorce lawyer annapolis md so you have someone reliable to properly guide you and knows how to protect your rights.

What are these grounds for? When a spouse wishes to file for divorce, he/she can choose among the numerous grounds to base their case.

The common official grounds for divorce:

1. Adultery

This is the most common ground of divorce. However, adultery is hard to establish because it requires compelling evidences which need to be defended and proved. Some jurisdictions even require a context of actual sexual intercourse. Why involve such process? In many states, a spouse who is proven to be guilty of adultery is the one mandated by the court to provide alimony or spousal support.

2. Irreconcilable Differences

Most no-fault divorce states grant divorce based on irreconcilable differences. A married couple need not to prove any misconduct, if both parties mutually agreed to end their marriage. Or could be that one spouse strongly refuse to reconcile with the other making the harmony of marriage impossible.

3. Cruelty

Cruelty is also considered an official ground of divorce which includes numerous issues as basis to call off a marriage legally. From the definition of the word itself, it considers anything that is painful and harmful towards an individual -- anything cruel and inhumane. These issues generally involve verbal and/or physical abuse, neglect of emotional and physical needs, alienation and so on. So if you want to ask if adultery is considered as cruelty, then the answer is yes, because it causes deep emotional and mental pain.

4. Abandonment

In order to qualify for this ground, two people must establish and prove that they have not lived together in a long time as a married couple. That is why in some states, abandonment is also referred to as willful desertion.

5. Separation

This ground is quite similar to abandonment. It only differs a little in the time period, which a couple must establish that they have not cohabited during such time. Time periods of separation varies depending what length a state requires but in can range from six and 12 months on the lower end to 18 and 36 months on the higher end.

Therefore, when you choose one among those grounds for divorce, be firm and take your stand. If you are obligated to provide statements, state it clearly and with conviction. This way, you can impose a good reputation and impression on the court.

Still, hiring a divorce lawyer annapolis md is greatly recommended. Looking for the most reputable and reliable divorce lawyers in Annapolis? Visit Wise and Donahue, PLC at 18 West Street, Annapolis, MD 21401 or just contact 410-280-2023.

Wise & Donahue PLC
410-280-2023
18 West Street Annapolis, MD 21401
www.wisedonahue.com

Wednesday, January 24, 2018

The Importance of a Divorce Attorney

A divorce attorney will think about and investigate any possible problems that may come up during the divorce process. They will be looking for any unexpected legal issues that may become a challenge. Every case is different, so during your initial appointments, we will go over some of the things that you should anticipate and ensure that you are well prepared for what’s ahead.

1. Advise You of Your Options

All divorces are different and you may not realize the different options there are for requesting a divorce from the court. In some cases, you may go through a simplified divorce process if you and your spouse agree that all issues are uncontested. However, you still need to meet certain requirements for an uncontested case. You may also want to explore collaborative divorce, mediation, and other avenues besides traditional litigation. An attorney can help you decide which is best for your situation.

2. Identify the Issues that Need to be Addressed

Each divorce case will have different issues that need to be resolved before the divorce can be finalized by the court. Some couples may have a custody battle but may not own a home or much property. On the other hand, some spouses may demand extravagant alimony but they do not have any children. Some issues that may arise include:
  • Property division
  • Debt division
  • Alimony/spousal support
  • Child support
  • Child custody and visitation
  • Prenuptial agreement challenges
3. Protect Your Interests

It is only natural for each spouse in a divorce to want to face their future in the best situation possible. Unfortunately, this often comes at the expense of the other spouse and people can leave marriages in vastly uneven positions. You attorney will negotiate and argue for your best interests throughout the entire court process, including mediation, settlement negotiations, and court hearings to make sure you are not coerced into agreeing to a situation that is any less than you deserve.

4. Represent You in Court

Divorces can involve a number of court hearings and may even involve a trial if you and your spouse cannot agree on one or more issues. It is critical to have an attorney who is familiar with the family courts in your area representing you. Courts have strict rules and requirements and an attorney can present evidence in the most favorable light possible so that your rights are protected in court.

The most important decision you will ever make while going through the process of divorce is hiring an experienced divorce attorney. The topics and information mentioned above may be pressing but you will still encounter many more important aspects of divorce that must be accounted for in order to achieve a successful result.

Wise & Donahue PLC
410-280-2023
18 West Street Annapolis, MD 21401
www.wisedonahue.com

Temporary Court Orders in a Divorce

If you already know the temporary court orders in a divorce, good for you then! But maybe you should review and refresh yourself to be sure.

However, if you don’t have any idea what are these “court orders” we are talking about, then you seriously need to read through this blog.

It is best to begin with the legal definition of “temporary court orders.” Well, it briefly refers to a short-term pre-trial temporary “injunction”--- a court order requiring a person to do or cease doing a specific action.

In divorce cases, specifically, there are quite a few temporary court orders that either of the parties can request to the court. What are these?

You can file for temporary orders for issues, including: legal decision-making and parenting time, child support, spousal maintenance, property, debt, and attorney’s fees.

Legal decision-making and parenting time: When seeking or request for a temporary legal decision-making, parenting time, or visitation order, you shall file and propose with the motion stating your specific parenting plan which includes the legal decision-making, parenting time, and visitation requested for all parties to the action.

Child support: When seeking or requesting for a temporary child support order, you shall include and file with the motion a completed a Child Support Worksheet clearly stating the amount requested in accordance with the current child support guideline in the area where your divorce case is being filed.

You shall also provide copies of all child support disclosure documents required by the court’s rule, to the opposing party within a certain period of time specified in the rule. Also, make sure to provide an additional copy of these documents to the court during an evidentiary hearing on the child support motion.

Spousal maintenance: When seeking or requesting for a temporary spousal maintenance order, you shall state the specific duration and your requested amount, then file an affidavit substantially similar to Form 2, or the Affidavit of Financial Information.

Property, debt, and attorney’s fees: When seeking or requesting for temporary orders prohibiting your husband/wife from your residence, community property division, or to order payment of debt, expenses, or attorneys’ fees, the motion shall contain the specific relief requested, the proposed division of property, the income and assets that will be distributed to each party, and the individual obligation to pay the debt, expenses, and attorneys’ fees to be granted by the court.

If you or your husband requests for a temporary order for payment of attorneys’ fees, either shall state the specific amount requested and file an affidavit substantially similar to Form 2, or the Affidavit of Financial Information.

To get a temporary order, you must also file an underlying petition before you file a verified Motion for Temporary Orders with the court. Without an underlying petition, the court will dismiss your Motion for Temporary Orders. However, you can file both at the same time.

Any temporary court order is in effect until there is another order by the court that replaces a certain temporary order.

Know more about the other issues concerning divorce that you might encounter along the legal process. You should hire the most reputable and experienced divorce lawyers in Annapolis, MD. 

Visit Wise & Donahue, PLC at 18 West Street, Annapolis, MD 21401 or just contact 410-280-2023.

Wise & Donahue PLC
410-280-2023
18 West Street Annapolis, MD 21401
www.wisedonahue.com


Sunday, December 10, 2017

Divorce Attorney: Five Advices to Follow

Hiring an experienced divorce attorney is the best way you get peace of mind when dealing with child custody, alimony, and asset division. It is essential that you take great care when choosing the right divorce lawyer for you. A consultation must be long enough for an attorney to tease out all the issues of your case. Often, nuances in the law and what actually constitutes property - for example, appreciation in the remainder interest in a trust - can be completely missed in a short, brief consultation. Consider this checklist of advice to follow when hiring a divorce lawyer. When you are seeking a legal representation for divorce, think about a job interview.

1.Do your research and look for a true practitioner


There are many ways to research about divorce lawyers. Sites such as Yelp, and Google provide good avenues for an attorney’s former clients to provide reviews about the attorney. Additionally, groups like Super Lawyers provide information about peer-reviewed attorneys. For a divorce case, you always want to hire a lawyer who is a specialist in the area of family law and divorce. This is the only way you’re going to have someone on your side who knows everything there is to know about divorce. Plus, they’re going to know the judges and other divorce attorneys better than those who are just generalize lawyers. Finally, groups like AAML fellows provide an extensive accreditation for divorce lawyers.

2. Interview more than one divorce lawyer


Most divorce lawyers provide a free consultation, and the only thing you have to lose by not interviewing more than one attorney is time. Talk to several if you like. Complex cases are not necessarily good for the client or the lawyer. Everyone likes big easy cases. Would you buy a car without test driving a couple different options? Because choosing a divorce attorney for your case will be one of the most important decisions of your life, take the time to interview several options. Different attorneys take different approaches to divorce, have different levels of experience, offer different pricing structures and so on.

3. Watch out for false promises


During an initial interview, get to know your attorney. Ask for examples of their experience. When the divorce lawyer describes the process, ask them for realistic projections for the resolution of your case. Attorneys are not permitted to guarantee results. However, experienced divorce lawyers in should be able to project results based on the facts of your case. If the divorce lawyer is not able to provide you with realistic outcome projections, beware.



But even if your split is amicable, you will want a divorce attorney annapolis md if your spouse hires one – especially if you have any complicated financial issues in the marriage or if any children are involved. You definitely do not want to try and go head-to-head with a professional. If you can do all these things listed above, then you can file an uncontested divorce. You can get all the paperwork in order and through the courts in a matter of weeks instead of months.


Wise & Donahue, PLC
410-280-2023
18 West Street Annapolis, MD 21401
www.wisedonahue.com


Wednesday, December 6, 2017

Divorce Attorney Annapolis MD: A Solid Relationship

“Do I really need to have a good relationship with my divorce attorney?”. If yes, how will I achieve it?

Before you hire a divorce attorney, you must accept first the fact that you are partners for better or for worst.

In order to avoid misinterpretations along the process, you need to communicate effectively with your attorney. You have to conduct an initial consultation, which will give you the chance to assess and choose your perfect match. Moreover, it is more convenient to determine your goals and your interests before meeting a legal representative.

“How will you establish such a good relationship?”. Take notice of these points and questions you need to consider for a more effective connection with your attorney.

During an initial consultation, you can already tell if you’ll get along well with a certain attorney. Just ask the following questions to yourself:

Does the attorney listen to me when I speak?


Your attorney should know when to speak and when to listen. When he/she interrupts while you’re talking, then take it as a sign of him not a good choice for you. As partners, each one of you should have time to talk and listen.

Does the attorney understand my interests and goals?


Let us say that your attorney is a good listener, he/she should also comprehend well to every detail you provide about your case. Therefore, an attorney can point out your real goals and interests which is used in creating an effective strategy.

After finding the best one, you still need to take steps to strengthen your relationship with your divorce attorney, and one important factor to achieve it is trust. You should prepare in providing even the most sensitive and personal information significant to the case. Here are some crucial questions you need to answer:


Why are you opting for a divorce?


What pushes you to file for divorce? You need to tell your attorney the root of all of it because such detail could be used as your advantage. Lay everything, even if it’s a very sensitive information because your attorney only cares about one thing - and that is to get the best out of your case.


What caused your marriage to be broken?


What is your reason to end your marriage? Is it reasonable enough to reach to the point of getting a divorce? Because maybe, you don’t need a divorce attorney but instead a counselor. Think carefully because reconciliation might still work between you and your spouse.

There are still a lot of important details you need to provide to your hired divorce attorney. Mind you, it does include the smaller ones like the address, phone number, and other personal profile of the whole family.

The truth is - there’s only one key to establish a solid relationship with your divorce attorney annapolis md. You should be comfortable with each other. Find the most compassionate and reliable divorce attorneys in Annapolis, MD.

Wise & Donahue, PLC
410-280-2023
18 West Street Annapolis, MD 21401
www.wisedonahue.com


Monday, November 27, 2017

5 Best Divorce Attorneys in the Mid-Atlantic


Do you need counsel from experienced divorce attorney in Maryland? View our recommendations of the best lawyers and law firms in the Mid-Atlantic state. These are the legal representations that you want to be on your side of the table. They will fight for the alimony or your money. So take a look at our list of the top divorce attorneys because you want this guys to be headlining your team during settlement.

Silverman | Thompson | Slutkin | White Attorneys at Law


The law firm roughly has 40 tightly-knit lawyers all working collectively in their main downtown Baltimore office.

Law Offices of Sondra M. Douglas, LLC


Are you looking to resolve your family matter respectfully? Clients will feel confident and protected in their divorce process with the work ethic of the Law Offices of Sondra M. Douglas, LLC.

As a side note, Mrs. Douglas appears on a daily basis as a guest speaker for FM 88

David Zerivitz, P.A.


With over 40 years of practice, David Zerivitz’ experience speaks for itself. Divorce and its related issues are challenging at best, and this law farm has continuously provided a full range of support and legal guidance to their clientele.

Fishbein and Fishbein, P.A.


At Fishbein and Fishbein, they pride themselves on being easily accessible to their clients on a 24/7 basis. For 75 years they have dealt with family law issues that are life changing. The duo understands that you have a limited amount of time in your hands to deal with legal issues. That is why they are available when you seek true personal service.

Baltimore area for decades, including particularly complicated cases involving business valuation and the division of significant assets.

Law Offices of Kerri Cohen, LLC


Kerri Cohen knows Baltimore quite well because Baltimore is her native city. She will provide a free initial case evaluation and her practice includes divorce cases as well as divorce-related cases, including child support, paternity, and child custody disputes.


Wise & Donahue, PLC
410-280-2023
18 West Street Annapolis, MD 21401

Monday, November 20, 2017

Divorce Attorney: Be First To File A Divorce

Does it really give you an advantage if you get to file for divorce first before your spouse?

Yes, there will be quite a lot of good things for you later on if your divorce case progress. Yet, this should not be your basis to immediately get a divorce. You may still try to settle personal matters between you and your spouse through counseling and other methods.

However, the moment your partner announces intentions for divorce, do not let your guard down by the shock. Keep your act together and start consulting a divorce attorney to properly guide you in filing for divorce and even make the job faster.


What are the advantages of being first to file for divorce?


1. You can make a divorce team and prepare in advance


When you aim for a favorable outcome in your divorce case, you should choose the best people for your team. It may take time to interview and assess the perfect match attorney, but then, it would be worth it in the end. Moreover, divorce usually involves high emotions, especially because you are dealing with a person who is once a family, so it’s better to hire a counselor or therapist. And when you are finished building a team, wisely use your time to prepare requirements, and plan strong strategies for your case.

2. You have necessary documents ready before the divorce process begins


Being in a complex legal case such as divorce, it surely requires a lot of documentation - which means, you’ll have to allocate a lot of time gathering all financial and legal documents. Preparing and copying all of them beforehand will save you from the hassles, compared when you work on it during the legal process. Commonly, the court will ask for bank and brokerage statements, tax returns, insurance policies, retirement account statements, real estate records and vehicle registrations.


3. You can prepare financially for your divorce expenses


The moment you realize that sooner or later you’ll be getting a divorce, you should start a separate savings as a preparation for your divorce. That way, you’ll have enough money to hire a credible and experienced lawyer. Moreover, your savings would help you survive an independent life in the future. If you get the chance and time to get a credit card, secure one as well.

4. You can prevent your spouse from hiding his/her assets


In most cases, a spouse tends to hide assets during the divorce process to prevent the other party from accessing it. Yet, when you get first to file for divorce, you can stop such situation from happening. But if not prevented, there are still legal ways to charge a penalty to your husband or wife.

5. Legal Advantages


Legally, when you get first to file for divorce, you are given the privilege to choose where your divorce will be judged. This way, you can have the hearing in a court where the hired  divorce attorney is familiar and very much confident. Most of the time, the first to file may be the first to present his/or case in the court as well.

Filing first may be a small act, yet it brings a huge impact in your divorce case. Well, this is how the legal process works, you have to give attention to every small detail and issue to come up with a better outcome.

Want to consult a divorce attorney annapolis md and a very good one?

Wise & Donahue, PLC
410-280-2023
18 West Street Annapolis, MD 21401