Each county in Maryland provides information on the family law service it has to offer. Several programs within the state allow families to have access to adequate legal counsel when needed.
For instance, there are several methods to resolve disputes on family matters before ending up in court. The legal matters concerning any family law case include divorce, child custody, alimony, child visitation, child support, domestic violence, long-term partnerships, and other family issues.
Several issues may arise when dealing with family law cases. Below is a brief description of the issue and how it generally connects to family law. For alimony, based on certain factors, the court decides what amount one spouse needs to pay the other spouse for maintenance when the couple is divorced or legally separated. You can modify this amount most of the time, and there is a set duration.
If there are children in the marriage, this issue arises for child custody. Child custody is having the physical responsibility and making decisions that impact that child’s life. During this process, it is important that both parents collectively work together and share the responsibilities.
Child support is the financial obligation each parent has to fulfill the child’s basic needs. There is a time limit, and the amount is set based on the parent’s financial resources. Enforcement of child support is another issue that often occurs during these periods. You may modify or terminate child support if certain conditions are met.
The court wants the parents to cooperate and create a visitation plan that accommodates their schedules for child visitation. As in all cases related to children, the court will consider the child’s best interest standard.
Most family law issues have certain conditions to be met for the case to be filed and proceed further. Similarly, in Maryland, certain residency requirements need to be satisfied for the family law case to proceed.
For instance, when dealing with absolute and limited divorce, you may file a complaint in the local county if you or your spouse live or are employed there. Furthermore, If the grounds for divorce occurred outside of Maryland, you cannot file for divorce in Maryland until either you or your spouse has resided in Maryland for at least one year.
Moreover, for child custody issues, you are permitted to file a complaint if one of the below factors are met:
As all family law cases have residency requirements, specific case-related requirements must also be met. Since divorce is a more common legal issue in family law scenarios, the focus will be on how to obtain one. For instance, your case must satisfy one of the following conditions before you can file a Complaint for an Absolute Divorce.
The first condition is that there must be at least a one-year separation. You and your spouse must have lived separate and apart from each other for one complete year without sexual relations with each other. However, in that period last year, if you and your spouse lived together at all, or if you have had sexual intercourse with your spouse during that time, or if you spent even one night under the same roof, you are not permitted to obtain an absolute divorce based on a one-year separation.
Another condition is adultery which suffices as a condition of obtaining a divorce. Your spouse has had voluntary sexual intercourse with a person of the opposite sex that is not you. Furthermore, you need to prove that your spouse committed adultery. For this reason, there must be a witness who can test against your spouse.
Moreover, desertion is one of the other conditions needed to obtain a divorce. In this scenario, your spouse abandoned you for over 12 months to terminate the marriage. Also, you and your spouse have not had sexual reassignment with each other. This is comparable to constructive desertion, which states that your spouse made it impossible for you to reside together peacefully. Meaning there was a major concern regarding your safety, health, and self-respect.
Lastly, excessive cruelty and insanity also meet the conditions of obtaining an absolute divorce. There is a current danger to you and your child’s life. There is also no reasonable hope of getting back together. For insanity, your spouse has been confined to a mental institution for over 3 years. A physician needs to testify for the insanity portion of the complaint.
Moreover, for you to file a case for Limited Divorce, it must also meet various conditions to satisfy the court. Similarly to the above mentioned conditions, excessively vicious conduct must occur towards you or your minor child. Keep in mind that the court does not focus on only one event. You need to prove that it is no longer safe for you to reside in the same household as your spouse. Actual desertion and constructive desertion also meet the criteria for a limited divorce. It is similar to the conditions mentioned above, including the spouse leaving intentionally for some time and wanting to end the marriage.
Lastly, one of the criteria for limited divorce is voluntary separation. This implies that you and your spouse agreed to split to terminate your marriage. Since your separation, you and your spouse have not spent a night under the same roof nor had sexual relations with each other.
As mentioned earlier, many issues can arise with family law issues. Each issue has more complex components that are attached to it. These elements may require the assistance of a qualified family law attorney who can help resolve the issues.
If you reside in Maryland, many resources are available to seek a local Maryland family lawyer near you to help with family law matters. Do not hesitate to contact your local county office for more information about a certain issue you are concerned with. If you delay, you may miss important filing deadlines or requirements that are crucial for the success of your case.
Family law situations can become complicated quickly, and there is often a threat to the safety of the families. These matters require a swift response and can be life or death. Therefore, seek legal help to protect yourself and your loved ones to ensure you are not in danger. Your attorney can guide and represent you throughout the entire legal process from start to finish.
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