What Rights Do Women Have In a Divorce?
A wife may receive custody of the children in a divorce. She may be given sole custody if the husband is found to be a danger to his family or is considered to be unfit as a parent. To receive sole custody, the wife will need to demonstrate that there have been instances of substance abuse, verbal or physical abuse or other actions or behaviors that could be viewed as detrimental to the health of the children. Visitation and custody schedules will need to be thoroughly addressed, whether by agreement or after a trial.
If a wife makes less money than her husband, she may qualify for alimony. Alimony will be determined by a judge in a court of law. The judge will examine her current income and whether or not those funds are enough to be able to maintain the quality of life that existed during the marriage and if it meets the needs of her and any children living in the home. Temporary alimony (or pendente lite) may be awarded to a wife until the divorce has been finalized.
A wife who is awarded custodial rights may also be given use and possession of the family home for a period not exceeding three years following the granting of a judgment of absolute divorce. The judge will look at the current living situation for both spouses and their children. They will also review the marital and non-marital assets and find out whose name is on the deed to the house.
What Types of Divorce Are Available?
Limited divorce and absolute divorce can be requested in the state of Maryland. Limited divorce allows a judge to decide how child custody and support, and spousal support will be handled. It does not end a marriage.
If your spouse separated or deserted you (both parties lived in different residences and did not have a sexual relationship with one another during that time), or was extremely cruel or vicious toward you or any of your minor children, you may seek a limited divorce.
Absolute divorce will terminate a marriage. In addition to the issues identified above, the judge can also decide how property will be divided. Both spouses can agree to an absolute divorce, provided they have a written settlement agreement that addresses all issues between them.
A settlement agreement should state how property will be divided, and what will happen in regard to child support, child custody and visitation and any other related information. Both parties should read this agreement carefully before signing. The judge will review this paperwork to see if the terms are acceptable or if any changes or modifications need to be made.
Absolute divorce can also be sought if specific faults are found. Fault-based reasons for an absolute divorce include vicious or cruel behavior toward you or your children, intentional separation or desertion (for at least 12 consecutive months) and adultery. A wife can also ask for an absolute divorce if her husband has been convicted of certain crimes. Their former partner must have been sentenced to at least three years in jail and have already served a minimum of 12 months. Another possible fault is if a spouse has been placed in an institution, mental hospital, or other similar organization due to insanity for at least three years. A judge may also ask for at least two doctors to testify to verify that the patient cannot be cured of insanity.
Who Decides How Property Is Divided?
Both partners can decide on property division, or a judge can make that determination. Asset and property division should be equitable. No person should have an unfair advantage over the other.
How Can I File For Divorce?
We can get you started. Feel free to schedule a no-obligation consultation. Our trained staff will sit down with you and listen to your concerns.
One or both spouses must have lived in Maryland before a divorce can be granted. If the reasons why a divorce is requested happened in the state, only the requestor needs to be living in Maryland when the divorce has been filed. If the reasons for asking for divorce occurred outside of the state, at least one spouse must have lived in Maryland for a minimum of six months before a divorce complaint can be filed.
A legally acceptable reason must be supplied for an absolute divorce. In other words, you cannot ask for a divorce just because you got into an argument or decided that you do not like your partner today. There must be a mutual decision or other valid reason why the divorce request was made.
Divorce papers will then need to be filed. Your spouse should be served with a copy of those documents as well. They can contest the divorce if they wish. If that happens, several court hearings will be scheduled to allow both sides to plead their case. Contested divorces can take as many as eighteen months to resolve.
Uncontested divorces can be granted when both sides agree to the conditions in the divorce decree or if your former partner simply doesn’t respond to or sign the divorce papers after a specified amount of time. It usually takes about two to three months on average for uncontested divorces to be completed.
A settlement outside of court may be necessary if there are important issues that need to be resolved. They are often created to handle child custody or division of marital assets. Any settlement agreement should clearly state the terms, conditions and responsibilities of each partner.
All settlement agreements will be reviewed by a judge. The judge may accept them as they stan or recommend revisions. Some changes may be necessary if the current agreement favors one partner over the other.
year. If the divorce is contested or there are still issues such as alimony or spousal support, child support, and other items that need to be handled, they can extend the process.
Can I Do Everything By Myself?
You can do all the legwork. We can help get you started. Feel free to schedule a no-obligation consultation. We’ll sit down with you and listen to your concerns. Our trained professionals can provide valuable advice and help coordinate all of your paperwork. We’re here to help in any way that we can.
Edited by Abigail Beichler