Forestville Divorce Attorney – The Divorce Process
In order to successfully file for a divorce in Maryland, there are certain requirements that both parties are obligated to satisfy.
The divorce process can be unsatisfactory and elongated if they are not fulfilled. The following are some necessary steps that must be met in order to begin the divorces process.
It is imperative that at least one party meet the residency requirement for the court to accept the case. If it is not met, the case with either be unaccepted or eventually dismissed. If the grounds for divorce occurred within Maryland, either spouse may file as long as he or she is a resident. However, if the grounds for divorce took place out of state, the law requires that either party must live in the state for at least one year before filing.
In order to prove that you are a resident of the Maryland, you must state your residence in the court papers. It is also recommended that the spouse filing state how long they have been a resident of Maryland. The evidence the court usually considers sufficient to prove you’re a resident of Maryland is proof of where you actually reside and vote.
It is equally important that legal grounds for divorce be met, and that both parties either agree upon them or they can be proved in court. In accord with Maryland code, Family Law Ch., Sec., 7-130, the grounds for absolute divorce are as follows:
- desertion: (1) the desertion has continued for 12 months without interruption before the filing of the application for divorce; (2) the desertion is deliberate and final; (3) there is no legal expectation for reconciliation.
- voluntary separation, if: (1) the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and (2) there is no reasonable expectation of reconciliation;
- conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has: (a) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and (b) served 12 months of the sentence;
- 2-year separation, when the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the application for divorce;
- insanity if: (a) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce;
- cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or
- excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.
There are additional primary documents that must be filed accurately and submitted to the court. For example, Bill for Divorce and Decree of Divorce. It is highly recommended that an experience family law attorney at least examine all documents that must be signed and submitted to the court before you sign and submit them.
The Maryland divorce process can be very challenging and distressing, speak to one of our seasoned Forestville divorce attorney, so we can help ease this process. We will evaluate you case, answer your questions and concerns, and advise you of actions necessary to take in order to get desired results. Take advantage of our free consultation offer. Call now and get the help you need.