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"WHAT
YOU NEED TO KNOW? BE SMART - UNDERSTAND THE LAW
"
Our family law section is headed by
STUART H. GROZBEAN. Mr. Grozbean was named to
"Who's Who" in 1998, 1999, 2000. He is
now a life member of "Who's Who", a prestigious
national recognition of outstanding professionals
in the United States. He is also the developer of
the child support guidelines program in Maryland.
His program is widely used by Judges, Masters and
Lawyers in Maryland.
Mr. Grozbean has been
quoted in the Washington Post, USA Today and
on the various television and news channels. |
One
of the most asked questions from people looking to separate
or divorce is:-
Do I have grounds for divorce?
Here
are the grounds for divorce in Maryland:
Adultery; Desertion; Voluntary Separation; Conviction
of a Felony; Two Year Separation; Insanity; Cruelty of
Treatment; and Excessively Vicious Conduct; Bigamy; Voluntary
separation (requires that both parties live separate and
apart); criminal incarceration; mental insanity.
Voluntary Separation in (MD)
Maryland is where
both of you agree to live separate and apart without cohabitation.
This means that you are mutually agreeing to live in separate
residences. Maryland does not allow the two of you to
stay in the same home and assert voluntary separation
as a grounds for divorce.
The
courts distinguish between "constructive desertion"and
"desertion" in (MD) Maryland, which (under
desertion) is when one of the parties leaves without the
intention of returning. If the other person forces you
to leave, that is "constructive desertion."
You won't be penalized by the court if you leave for your
own protection or that of the child(ren).
Cruelty
and vicious conduct
in (MD) Maryland is where you have been abused by your
spouse. The mere fact that the two of you are not speaking
is not generally considered abuse.
Adultery
in Maryland (MD) is where your spouse is having sexual
relations with another person. However, once you learn
of the adultery and still have sexual relations with your
husband it is deemed condoned or in plain english, forgiven.
You do not have to catch the spouse in the actual act.
The Court applies a more lenient test. Our attorney's
can explain in more detail.
If your spouse has been incarcerated for more than 12
months on a three year sentence, then you can file for
a divorce.
Bigamy
in (MD) Maryland is where one of the spouses has been
married before, but never obtained a valid divorce.
Insanity
in (MD) Maryland is where the person has been committed
for more than 3 years.
Finally, Maryland (MD) recognizes a two year no
fault divorce where no ground are necessary if you
have lived separate and apart for the past 24 months.
Maryland also has a limited divorce statute. However,
it is often duplicitous and can cause more money
in legal fees. Whether it is an appropriate cause
of action for you needs to be discussed with the
attorney. |
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out more about Family Law Issues by going to our articles
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YOU SHOULD REMEMBER THE INFORMATION THAT YOU READ HERE
IS GENERAL IN NATURE AND NOT MEANT TO BE A SUBSTITUTE
FOR SPECIFIC LEGAL ADVICE FROM AN ATTORNEY.
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