Divorce Lawyers in Montgomery County
If you are looking to file for divorce, the first obvious question is why? The question is not being asked to be nosy, but it has 2 distinct purposes. First, it helps our experienced divorce lawyers in Montgomery County to understand the client’s perspective and be cognizant of the non-legal issues that could affect your divorce case. But it also lets our divorce attorney know which grounds for divorce in Maryland are proper in your specific case and could provide you with the reliefs that you are requesting.
Maryland Grounds for Absolute and Limited Divorce
Maryland recognizes two (2) types of divorces, namely, limited divorce and absolute divorce. In your complaint for divorce, you must specify the type of divorce that you are seeking (absolute or limited divorce), your grounds for divorce, state all the required elements for each ground, and have a comprehensive list of requests from the Court. In other words, you must tell the court a legally acceptable reason why you are entitled to terminate your marriage and obtain a Judgment of Absolute Divorce (or Limited Divorce), and your requests from the Court regarding the division of marital assets, child custody, child support, alimony, use and possession of marital home, etc. Our divorce lawyers in Montgomery County can further explain the differences between absolute and limited divorce.
Grounds for Absolute Divorce in Maryland
The legal grounds for absolute divorce in Maryland are Adultery, Desertion, Criminal Conviction (of certain crimes), 12 Month Separation, Insanity, Cruelty of Treatment, Excessively Vicious Conduct, and Mutual Consent. Again, your grounds for divorce, all their elements, and all your requests from the Court should be included in your Complaint for divorce. Failing to state the elements for each ground for divorce or failing to request the appropriate relief may lead to the dismissal of your Complain altogether or you may lose a relief that you would have been entitled to otherwise. Our divorce attorney in Montgomery County who is experienced in Maryland family law cases can assess your case and determine the right grounds for divorce for your case and prepare a proper Complaint for divorce for filing with the Court. Our Montgomery County divorce attorney can fully explain the requirements as well as the pros and cons of each ground for divorce in your particular case.
When Can You File for Absolute Divorce?
A common misunderstanding of Maryland family law is that many people believe that they cannot file for divorce prior to being separated from their spouses for twelve (12) months. However, that is not true. First, there are certain grounds for divorce that do not require any separation period at all and can be filed without any separation period. Furthermore, in cases where the applicable ground(s) for Absolute Divorce require a 12-month separation, our experienced divorce lawyers will first file a Complaint for Limited Divorce and then file an Amended and/or Supplemental Complaint for Absolute Divorce once the 12-month separation is completed.
The benefit of this strategy is that the filing of a Complaint for Limited Divorce will start your case immediately and you can then resolve or litigate most of the issues related to your divorce while you are waiting for your 12-month separation to be completed. In fact, due to the introduction of Mutual Consent as a ground for divorce, if the parties reach an agreement during the pendency of their limited divorce, through proper filing they can inform the Court that they have reached a separation agreement and request that the Court schedule their divorce hearing as soon as possible without having to wait for the completion of the 12-month period.
Most clients prefer this approach rather than waiting for a year before they take any action or worse yet wait for their spouse to file for divorce when it is most advantageous for them. Book your consultation with our divorce lawyers in Montgomery County for a complete assessment of your family law, divorce, and/or child custody case.
As an experienced divorce attorney in Montgomery County who has handled hundreds for divorce and family law cases in the Circuit Cout for Montgomery County, I will fully represent you and handle your case based on your values and what works best for you. Book Your Consultation with our experienced Maryland family law attorney and lawyer Here.
Kamkari Law – Maryland Divorce Attorney & Lawyers
10411 Motor City Drive
Bethesda, Maryland 20817
Shane Kamkari has been a member of the Maryland Bar and has represented clients in divorce and family law cases since 1998. You can find all Shane’s information with Maryland Bar at Maryland Attorney Listing | Maryland Courts (state.md.us).
Divorce Lawyers in Montgomery County MD