Divorce

Same-Sex Divorce in Maryland: Custody and Rights of Children

Same-Sex Divorce in Maryland: Custody and Rights of Children

Same-sex divorce in Maryland gives rise to unique custody and parental rights questions. While both parents usually share legal recognition, challenges can surface for non-biological parents, pre-2013 adoptions, or interstate cases. Courts decide custody and support based on the child’s best interests, making experienced legal guidance essential to protect families and ensure children’s stability.

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How Divorce or Separation Can Impact Your Immigration Status

How Divorce or Separation Can Impact Your Immigration Status

A divorce or separation can definitely affect your lawful status and ability to stay in the U.S. if you are in the country on a visa that was granted based on your spouse’s application. If you used your spouse’s status to immigrate within two years of your marriage, you are a conditional resident, and therefore getting a divorce or separation will affect your status. Additionally, divorce or separation may affect your status if your status depends on your spouse’s status.

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How Long Does a Divorce Take in Maryland?

How long does a divorce take in Maryland? The timeline depends on whether the divorce is uncontested or contested, as well as legal and court-related factors. While uncontested divorces can be finalized in as little as 30 to 90 days, contested cases involving disputes over child custody, support, or property division can take several months or longer. Understanding Maryland’s divorce laws, key steps, and common delays can help set realistic expectations. Learn how to navigate the process efficiently and what steps you can take to finalize your divorce as quickly as possible.

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DIVORCE OPTIONS IN MARYLAND

DIVORCE OPTIONS IN MARYLAND

Divorce is a deeply personal process, and finding the right approach can make a significant difference for you and your family. In Maryland, three primary methods for handling divorce are collaborative, mediation, and litigation. Each option varies in cost, time requirements, and the level of satisfaction it can offer. Litigation is often the most expensive and time-consuming option, involving court battles that leave decisions in the hands of a judge, which can lead to dissatisfaction for one or both parties. Mediation, on the other hand, allows couples to work with a neutral mediator to resolve issues together, offering a cost-effective solution that fosters cooperation and typically results in higher satisfaction. However, the time required can vary depending on how quickly agreements are reached. Collaborative divorce offers a structured alternative where each spouse is represented by a trained collaborative lawyer, with neutral experts assisting as needed. This method balances the cost and time of mediation and litigation while avoiding the contentious nature of court battles. Choosing the right method is critical to ensuring a smoother process. Consulting an experienced Maryland divorce lawyer can help you navigate this challenging time and find the option that best suits your needs.

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LIMITED & ABSOLUTE DIVORCE

LIMITED & ABSOLUTE DIVORCE

In Maryland, there are two types of divorce: absolute divorce and limited divorce, each serving distinct purposes. Absolute divorce is a permanent and final dissolution of marriage, allowing individuals to remarry. During these proceedings, the court resolves issues such as alimony, child custody, child support, and property division. To obtain an absolute divorce, specific legal grounds must be met. These include adultery, desertion for 12 months, living separately for 12 months without interruption, a felony or misdemeanor conviction with a sentence of 3 or more years (and at least 12 months served), permanent insanity requiring institutionalization for over three years, cruel treatment, or mutual consent. Mutual consent, introduced in 2015, allows couples without minor children and with agreed-upon terms for alimony and property division to finalize their divorce without fault or prolonged separation.

Limited divorce, on the other hand, is a court-supervised separation for couples who lack the grounds for absolute divorce or cannot privately resolve their differences. While living apart, spouses cannot remarry, and sexual relations outside the marriage are considered adultery. Grounds for limited divorce include cruelty, desertion, or separation. The court may establish terms for child custody, child support, spousal support, and property division on a temporary or permanent basis. A limited divorce can be revoked if both parties agree to reconciliation.

Divorce can be a challenging and emotional process with lasting implications for families. Consulting an experienced Maryland divorce lawyer is essential to navigate the complexities of the legal system, ensure your rights are protected, and make informed decisions for the future. The Burton Firm offers compassionate and skilled legal support to help clients through this difficult time.

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ADULTERY & DIVORCE IN MARYLAND

ADULTERY & DIVORCE IN MARYLAND

Most people feel a sense of sadness when something comes to an end. Whether it was good or bad, there is still that feeling of loss and we’re sad to see it go. When it’s a marriage that is coming to an end, families are affected and that feeling of loss is magnified. When that end comes about because of adultery, the pain and sorrow can be unbearable for some, and in Maryland, proven adultery as a ground for divorce will affect the amount of alimony you pay/receive, and the amount of time you get to spend with your children post-divorce.

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WHAT IS A WIFE ENTITLED TO IN A DIVORCE IN MARYLAND

WHAT IS A WIFE ENTITLED TO IN A DIVORCE IN MARYLAND

In a Maryland divorce, a wife may be entitled to a fair share of marital property through equitable distribution, alimony, and child support if applicable. Marital property includes assets acquired during the marriage, while non-marital property, such as assets obtained before marriage or inheritances, is typically excluded. Alimony may be awarded based on factors like the length of the marriage, financial needs, and the ability of each spouse to support themselves. Child custody and support are determined in the best interest of the child, and retirement benefits may also be divided. The court’s goal is to ensure fairness based on the unique circumstances of each case.

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DIVISION OF ASSETS, DEBT & PROPERTY IN A DIVORCE

DIVISION OF ASSETS, DEBT & PROPERTY IN A DIVORCE

According to Maryland state law, the division of marital property in the case of divorce must be equitable, meaning it must be fair, not necessarily equal. Some couples are able to come to an agreement about how everything should be divided without legal intervention, and are able to submit an agreement for court approval. Others need the help of a divorce attorney in Maryland or mediators to assist in the negotiation of a settlement.

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WHAT IS A WIFE ENTITLED TO IN A DIVORCE IN MARYLAND

FELONY CONVICTION AS A GROUND FOR DIVORCE

Getting a divorce is never easy, especially in the state of Maryland where certain variables can affect the outcome of a divorce. There are three main requirements a couple or individual must meet in order to file for divorce in the state of Maryland but it’s always best to speak with a divorce attorney in Maryland regarding your case specifically. Maryland is a state that requires “fault” in order to grant a divorce. It is also possible to be granted a divorce when there has been a voluntary separation of the married couple for 12 consecutive months.

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DIVIDING PROPERTY IN A DIVORCE

DIVIDING PROPERTY IN A DIVORCE

Divorce is never an easy event to go through as there are a lot of emotional and financial difficulties to figure out. When a couple gets divorced, all the property acquired during the marriage (furniture, cars, appliances, stocks, bank accounts, pensions etc) regardless of who purchased it, must be divided. Having an experienced Maryland divorce attorney on you side is important to protect your legal rights.

The only exception would be non-marital property – property that was received by one spouse as a gift or inheritance from a third party. Non-marital property could be obtained before or during the marriage. Another important thing to note is that neither spouse is liable for contracts made by the other spouse in his or her name or for the debts the other spouse may have acquired prior to the marriage.

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MARYLAND MILITARY DIVORCE ATTORNEY

MARYLAND MILITARY DIVORCE ATTORNEY

Facing a military divorce in Maryland can be daunting, but you don’t have to go through it alone. Contact The Burton Firm today at (301) 420-5540 and take a crucial step towards safeguarding your future. With our experienced Maryland military divorce attorneys, you’ll receive personalized guidance and robust legal support tailored to your unique situation. Whether it’s handling complex asset divisions, custody arrangements, or understanding your rights, we’re committed to guiding you through every stage of this challenging process. Don’t delay in securing the expertise and dedicated representation you need; reach out to The Burton Firm now and start your journey towards a fair and just resolution.

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WHAT IS A WIFE ENTITLED TO IN A DIVORCE IN MARYLAND

MARYLAND DIVORCE ATTORNEY

Divorce is the legal end to a marriage as ordered by a court. If you are considering getting divorced, contact a Maryland divorce attorney at our office for consultation about your specific legal issues.

In the state of Maryland, a petitioner may ask for two types of divorce: absolute and limited. The most common type of divorce completed in the state is absolute.

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DIVORCE OPTIONS IN MARYLAND

UPPER MARLBORO DIVORCE LAWYER

Many people imagine that divorce consists of stressful court scenes in which each spouse accuses the other of misconduct and a bitter fight ensues over who should get the beanie baby collection. While this is the case for some of the more antagonistic couples, there are other options when conditions are quite so unfriendly. Every situation is different so it’s best to contact a divorce lawyer in Maryland who has experience handling a wide variety of cases.

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DESERTION AS A GROUND FOR DIVORCE

Divorce Lawyer in Maryland Explains Desertion as a Ground for Divorce In order to file for divorce in the state of Maryland, several requirements must be met. Unlike no fault states, Maryland requires a specific reason for divorce. If the married couple lives apart...

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MARYLAND FAMILY LAW, DIVORCE, LEGAL SEPARATION, ANNULMENTS & CUSTODY

An annulment is a decree establishing that the marriage between two parties never existed. The Maryland Family Court is dealt with deciding the validity of each annulment case and infrequently grants annulments. If the court decides to grant the annulment, it is considered that you and your spouse were never married. If you are seeking an annulment, it is advisable for you to speak with an experienced Maryland family law attorney at The Burton Firm. The standard of proof that must be met to prove an annulment is difficult to meet, but we are very familiar with the Maryland Family Law Court and know what judges and law to expect.

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LIMITED & ABSOLUTE DIVORCE

In the State of Maryland family law proceeding such as “legal separation” does not exist. Instead citizens of Maryland are offered two options: (1) limited divorce or (2) absolute divorce. Limited divorce is NOT permanent, absolute divorce IS permanent.

When a couple wishes to separate but are not ready to go through a full blown divorce proceeding, limited divorce is the remedy. This proceeding is very similar to a proceeding described as “legal separation” in other states. The court will recognize the decision of the parties to maintain separate housing or residences, bank accounts, but will stop short of dissolving a marriage. The proceeding of limited divorce may be helpful as a starting point while the parties work their way towards an absolute divorce.

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ADULTERY & DIVORCE IN MARYLAND

ADULTERY & DIVORCE IN MARYLAND

In Maryland, adultery is considered both a civil and criminal offense, though prosecutions are rare. Adultery is defined as voluntary sexual intercourse between a married person and someone of the opposite sex. If a married person engages in sexual relations with a same-sex partner, they may not be guilty of adultery but could be charged with constructive desertion, which is also grounds for divorce. Other grounds for divorce in Maryland include a 12-month separation, imprisonment, incurable insanity, and cruel treatment. While individuals can represent themselves in divorce cases, it is advisable to consult a lawyer to ensure all legal rights and assets are properly addressed. The Burton Firm specializes in family law and can assist with divorce, adultery, and bigamy cases, providing expert guidance and protecting your legal rights.

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