In Maryland, divorce petitioners start a motion through the divorce summons. The summons is sent to the defendant via direct delivery through a court officer or certified mail. The defendant has sixty days to respond. The defendant can provide their consent to the divorce or contest it. If the defendant doesn’t take action, the petitioner can achieve a divorce through a default judgment. A Divorce Attorney in Frederick provides guidance throughout the process.
Assessing the Grounds
Fault-based grounds require evidence to substantiate the petitioner’s claim. If they choose adultery, the petitioner must possess evidence of an extra marital affair. Typically, the evidence is video footage or photographs.
Mental incapacity or incarceration requires the petitioner to present evidence of a two-year state in a mental institution or correctional facility. For medical incapacity, the condition must be permanent with no hope of recovery. The defendant must live in the institution for at least two years. For incarceration, the prison sentence must last at least two years or longer.
Abandonment indicates that the defendant left the marriage with no intent to return. The state requires an absence of at least six months to one year. The petitioner would be required to complete service by the public to achieve a divorce.
Domestic Violence Grounds
Intolerable cruelty, spousal abuse, or domestic violence require evidence of the identified condition. Typically, the petitioner must have a police record that shows that the defendant was charged with a related offense. In these cases, the court may issue an order of protection. If the defendant violations the protection order, he or she will incur additional criminal charges. If a child was the victim, the visitation with the child is supervised by an officer of the court. In some cases, the parental rights of the defendant are terminated.
In Maryland, divorce petitioners file for a divorce based on applicable divorce grounds. If a fault-based ground doesn’t apply, they use the irretrievable breakdown of the marriage. All fault-based grounds require substantial evidence to support the petitioner’s claim. Petitioners who are ready to file contact a Divorce Attorney in Frederick or visit our website for further details about appointments today.
