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Baltimore County Family Law Attorney Blog

Baltimore & Towson Lawyer Discusses Divorce FAQ's

Written by Amar Weisman » August 14, 2015 »

Couples in Maryland who have decided to end their relationships often have questions and concerns about the divorce process in general. For instance, many states have entirely eliminated fault-based grounds for divorce; however, Maryland has not. It is important to note, though, that Maryland allows for divorces based on fault or no-fault grounds.

The following questions and answers are provided to give couples who are interested in learning more about their divorce options some insight into the process and what to expect. To discuss your specific case and get the most up-to-date information, you are encouraged to speak with a knowledgeable Towson divorce lawyer as soon as possible.

Do I Have to Wait to Get a Divorce?
In Maryland, couples can obtain an absolute or final divorce after they have been separated for a period of one year. However, if certain grounds for the divorce can be demonstrated, a spouse may be able to divorce before the end of the one-year waiting period.

How Do I Prove My Spouse Committed Adultery?
Some spouses attempt to prove adultery through the use of eyewitness testimony; however, Maryland courts recognize the difficulty in obtaining such evidence. So, what do you need to do to prove your case? In many instances, a spouse can demonstrate adultery through the use of circumstantial evidence that shows the spouse and his or her lover were inclined to commit adultery and they had the chance to do so.

Alimony vs. Child Support: What’s the Difference?
Simply stated, alimony is typically a set amount of support that is paid directly to a spouse or former spouse. Child support generally deals with support amounts that are intended for the care and support of a minor child.

Is Alimony Taxable and How Soon Can it Start?
Generally speaking, alimony is deductible by the person making the payments and taxable to the person receiving the payments. Depending on the specifics of the case, courts can order retroactive alimony, meaning the paying spouse will be required to pay current amounts, as well as back amounts that could date back to the time when the complaint requesting alimony was filed.

Do I Need a Separation Agreement to Get Divorced?
The short answer to this question is, “Not necessarily.” There are a number of reasons why you might not need a separation agreement during your divorce. For instance, if you do not have any kids, you might not need to file a separation agreement. Custody and support issues are generally the primary reasons for people to use such agreements to document the various terms or arrangements related to support and custody.

Also, if you do not have shared real estate and/or debt, you may not need a separation agreement. Again, such agreements are used to note terms related to issues in dispute; so if you don’t have such issues, you are likely not going to need an agreement.

Does Maryland Recognize “Irreconcilable Differences” as Grounds for Divorce?
Technically, no. State law does not list irreconcilable differences as grounds for divorce. The previous law required a couple to live separately for at least one year with no interruptions and there must have been no reasonable expectation of or potential for reconciliation. Now, the reconciliation portion of the law has been eliminated and all that’s needed is for the spouses to have been living apart for one year.

Call For a Free Consultation

Call The Law Offices of Amar S. Weisman at (410) 321-4994 to schedule a Free Consultation. The Purpose of the consultation is to determine whether you want to retain this law firm as your Baltimore & Towson Family Lawyer. If you do wish to proceed, then you must pay a retainer. See Our Policy on Fees and Costs. The family firm is located next to The Circuit Court for Baltimore County, at 1018 Dulaney Valley Road, Towson, MD 21204.