Maple Lawn Divorce Lawyer
Divorce is never easy, but it’s certainly possible to get through the process without excessive strife or anxiety and without giving up on your valuable legal rights. The Maple Lawn divorce lawyers at Weinberg & Schwartz, L.L.C., can provide you with the advice and representation you need to move through your divorce and come out the other side with your rights and interests intact and well-protected, ready to move forward in a new phase of your life. Call our family law office for assistance in a contested or uncontested limited or absolute divorce in Howard County.
Filing for Divorce in Maple Lawn
A party can file for divorce in Maryland if they or their spouse have resided in Maryland for at least one year prior to the filing of the complaint for divorce or if the grounds for divorce occurred in the State of Maryland. A party must be a resident of Maryland when the complaint is filed.
The divorce should be filed in the county of residence of either spouse. Maple Lawn residents would file their petition at the Howard County Circuirt Court in Ellicott City.
Temporary Orders for Custody, Support
Some people hesitate to file for divorce if they are in a weaker economic position than their spouse and worry how they will be able to pay for an attorney or support themselves during the divorce process, which can take months when matters such as child custody or the property division are hotly contested. In answer to this concern, Maryland courts are empowered to make temporary orders while the divorce is pending. These orders are officially referred to as “pendente lite,” meaning “pending litigation.”
The court can award temporary relief to either of the parties regarding matters such as visitation, child support, alimony, attorney’s fees, litigation costs, maintenance of health insurance and use and possession of the family home. The court, however, cannot divide marital property or order a sale of assets as part of a pendent lite order. A pendente lite order remains in effect until the parties reach a final resolution or the trial judge issues a final order.
The common practice in most counties in Maryland is that a pendente lite hearing is heard before a Family Law Magistrate in the Circuit Court, who makes recommendations to a judge. A Family Law Magistrate hears only specific matters. The Maple Lawn divorce attorneys at Weinberg & Schwartz, L.L.C., are well-versed in pendente lite proceedings and can ably present your case to a Family Law Magistrate so that you are taken care of during your divorce.
Adultery as a Ground for Divorce
As an available fault-based ground for divorce in Maryland, the party filing for divorce must be able to prove the other party committed the adulterous act. Adultery is a misdemeanor crime in the State of Maryland, which means an accused party can plead the 5th Amendment and refuse to answer questions about adultery for the prior year. The filing party, therefore, must have other ways of proving his or her case.
Some fault-based grounds, such as desertion, conviction and incarceration, insanity and others, require a period of 12 months or more before a party can file for divorce. Even a no-fault divorce requires a 12-month separation period unless the parties can obtain a divorce by mutual consent. Adultery, on the other hand, may allow for a divorce without any set waiting period or period of separation.
Call for Help With Divorce in Maple Lawn
For help with divorce in Maple Lawn, whether limited or absolute, contested or uncontested, contact Weinberg & Schwartz, L.L.C., by calling 410-997-0203 or reaching out online. Our Maple Lawn divorce lawyers will work to make sure you are adequately represented in the divorce process and obtain the result you desire.