In Maryland, petitioners are required certain waiting periods before filing a motion in court. First, they must establish residency to enable the county to take jurisdiction. If the grounds specified in their petition occurred in a different state, they are required to establish a one-year residency. These waiting periods may also apply to the chosen divorce grounds as well. A same-sex marriage lawyer helps these petitioners determine if these guidelines apply to their circumstances.
What Are the Grounds for Divorce?
The divorce grounds used most often in Maryland are fault-based. They begin with adultery. Petitioners who wish to apply these grounds to their divorce must present evidence substantiating this claim, which could include phone records, text message, email messages, or photographs.
Desertion or Abandonment
To claim desertion, the petitioner must prove an absence of at least one year by providing evidence of exhausted efforts to locate their spouse. These cases may require service by the public to attempt to inform the defendant of these proceedings.
Incarceration in Prison
Incarceration in prison is a possible divorce ground. The petitioner must present evidence of a three-year prison sentence. If the prison sentence is less than this duration, the state won’t grant a divorce unless the circumstances for the divorce relate to the criminal charge.
Establishing Mental Incapacity
Mental incapacity or insanity grounds also require a three-year waiting period. The petitioner cannot file for divorce unless their spouse has been a resident of a mental facility for three years. Medical records that outline the condition that lead to the hospitalization.
The Presence of Domestic Violence
Domestic violence is a crime that is becoming a common factor in divorce cases. The court could provide help with these grounds. The first step is to report this form of abuse. The petitioner should also acquire a protection order.
In Maryland, petitioners should identify any potential waiting periods that could affect their divorce. They should also identify the requirements for their case based on the grounds chosen. By identifying these requirements, they avoid unwanted delays that could hold up their case. Petitioners who are ready to take the next step should contact Website Domain a same-sex marriage lawyer today. You can follow them on Google+ for more information.
