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

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