Things to know if you are getting a divorce

Things to know if you are getting a divorce

admin September 6, 2021

Marriages are made in heaven but they breakdown on earth. No one wants a marriage to breakdown. When they enter into a marriage, they would want to spend the rest of life with their partner. The realities of life are different. There can be various reasons why a marriage could breakdown. When finally a person realized that it is not possible to continue with the relationship, then they can choose to dissolve the marriage by getting a divorce. To get a divorce, the help of a divorce attorney in Columbia MD will be helpful.

Basis for getting a divorce

In order to get a divorce, there must be grounds to get the divorce. If the divorce is being obtained in Maryland or Washington DC, then the norms are as follows:

  • There is a residency requirement to get a divorce in these places. The person applying for the divorce must have lived there for one year.
  • There are two grounds for getting a divorce – fault-based and no-fault.
  • No-fault divorce is a unique norm where one of the parties gets a divorce even if the other party is not at fault. There is no reason needed and this is known as an absolute divorce. For a no-fault divorce in Maryland, the two partners must be separated for at least two years, if the separation is involuntary. In case, they decide to voluntarily separate, then they need to separate for one year. The rules are slightly different in Washington DC where for voluntary divorce separation without cohabitation should be for six months and where one party does not agree, separation without cohabitation must be for one year
  • A fault-based divorce can be obtained if a spouse is convicted of felony, has committed adultery, deserted for a year, is insane, or the grounds of cruelty and vicious conduct.

Divorce proceedings

Once the decision to get the divorce is made, then the process depends on whether both the partners agree for the divorce. If done with mutual agreement, a good lawyer can work out arrangements for asset division and child custody. This will ensure the process of divorce occurs quickly without any hassles.

If one of the parties does not agree for the divorce, then the matter has to be taken before a court. Similarly, if one of the parties is not happy with the asset division or child custody, then the matter has to be taken to court. The process of litigation takes time. A case has to be filed in court and a hearing would be held. Both parties would need to present witnesses and evidence. They would need to argue their case based on which the judge would take a decision.

Role of an attorney

An attorney’s help is essential to ensure the divorce happens in a smooth way. When the other party does not co-operate, prolonged litigation can be expected. In such a situation, it is very important to hire the best attorney. An attorney who is experienced can help in winning the case in court and getting the divorce decree.

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