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Family law is the name given to the branch of civil law dealing with the legal relationships among family members, including husbands, wives, parents, children, and domestic partners. A family law attorney deals with the family law relationships which encompass adoption, child custody, visitation rights, domestic violence, divorce, marital property rights, support obligations, and paternity.
Divorce in Maryland may be absolute or limited. A limited divorce is a legal action in which the court supervises a couple's separation. It is generally used by people who do not yet have grounds for absolute divorce, need financial relief and are unable to settle their differences privately. During a limited divorce, the parties live apart. However, they remain legally married. Although the parties are still married, neither has the right to have sexual relations with the other spouse. In addition, neither spouse may remarry, and sexual relations with another person during a limited divorce is considered adultery. The court determines which party is at fault, if either. The court may grant support to one spouse based on need. The limited divorce can also resolve questions of child custody; child support, health insurance coverage and division of personal and real property.
Unlike a Limited Divorce, an Absolute Divorce does officially end the marriage. The following are the grounds for Absolute Divorce in Maryland: Adultery; Desertion for more than 12 months; Voluntary separation, if such separation has continued for at least 12 continuous months prior to the filing for the divorce : Conviction of a felony or misdemeanor (if the sentence is for at least three years, and one year has been served); Two year separation; Insanity, Each of these enumerated grounds for divorce has specific elements that must be proved, and we can assist you in determining whether those requirements can be met.
When an absolute divorce is granted, all the rights and obligations of the parties are decided and determined. Such matters include: division and distribution of marital property, alimony, child custody, the right to counsel fees, and which party may use the family home and other family property. Further, the bonds of marriage are ended.
The term "domestic violence" usually refers to crimes involving domestic abuse, such as child abuse and child neglect, spousal abuse or domestic-partner abuse, and elder abuse. Domestic abuse isn't just physical; it also covers the threats, emotional abuse, harassment, and stalking that a spouse or partner uses to control someone else's behavior. In addition to cooperating with the prosecution of any criminal charges which may arise out of the conduct, the victim of domestic violence may file civil charges. We are available to assist with either the filing of domestic violence petitions, or the defense of a domestic violence charge if one is filed against you.
Disruption of family relationships can be a very stressful and emotional experience. In the areas of family law we are available to assist you with getting through the turmoil, whether it is a divorce, custody battle or an incidence of domestic violence.
Feel free to call for a brief telephone conference and learn how we can assist you. 301-739-3032 EXT 22 |