Divorce and separation are complex legal processes, and every state has unique procedures and rules governing how couples can dissolve their marriages. One common aspect of divorce proceedings in some states is legal separation. Legal separation is a legal process where spouses live apart and separate their lives, but they remain legally married.
There are several reasons why couples may choose legal separation. Some couples use legal separation as a trial period to determine if divorce is the right path for them. Legal separation offers a “dry run” to gain insights into what life would be like apart and living independently. In other cases, couples may pursue legal separation even when they know they want a divorce, but their state of residence mandates a period of legal separation as a prerequisite for filing for divorce.
For instance, in Kentucky, you can initiate the divorce process whenever you are ready. However, before a judge grants a divorce decree, you and your spouse must have lived separately for at least 60 days.
In Maryland, on the other hand, legal separation does not exist as a legal concept. Consequently, there is no requirement to spend a specific amount of time living apart before you are eligible to file for divorce.
Navigating Divorce in Maryland
Divorce is rarely simple and often involves emotional and legal complexities. When you are ready to take the next step to end your marriage, understanding your rights and the divorce laws in Maryland is crucial. For assistance with your divorce, you are encouraged to consult with a knowledgeable Maryland divorce attorney or a divorce lawyer in D.C. at The Law Office of Thomas Stahl.
Obtaining a Divorce in Maryland
An absolute divorce legally terminates your marriage. A divorce decree will be issued, outlining the terms relevant to your specific situation, such as alimony (spousal support), child support, child custody arrangements, and the division of marital property. Once a divorce decree is finalized, both parties are legally obligated to adhere to its terms. Failure to comply can result in court enforcement actions.
The grounds for divorce in Maryland are as follows:
- Mutual Consent: Both spouses agree to the divorce and sign a marital settlement agreement that addresses all matters related to ending the marriage, including property division and spousal support.
- 12-Month Separation: You and your spouse have lived separate and apart, without cohabitation or sexual relations, for at least 12 months before filing for divorce.
- Irreconcilable Differences: There are significant issues or differences in your marriage that you believe cannot be resolved, and reconciliation is not possible.
Seeking Legal Guidance for Divorce
If you are considering divorce in Maryland or the District of Columbia, but you need assistance navigating the legal process, contact the experienced family law attorneys at the Law Offices of Thomas Stahl. Our team of skilled divorce lawyers and separation agreement specialists has the expertise you need to successfully navigate your divorce. We have a proven track record in handling family law matters in both Maryland and Washington D.C. Schedule a consultation today or call us at (443) 331-2770. We have conveniently located offices in Columbia, MD, and Washington, D.C.
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