Divorce and Child Support

Maryland Divorce ~ Changing Last Names

Divorce_Information — Thu, 04 Dec 2008 19:32:20 GMT

In most states you can request that the judge in charge of your divorce make a formal order restoring your former or birth name. You will need certified copies of the order as proof of the name change. Once you have this official information you may begin to change your name with the Maryland MVA and all of your personal records.

If your divorce papers don't show your name change, you stall may be able to retain your former name especially if you still have proof of that name such as your birth certificate or an outdated passport.

A child's name may be changed by court petition when it is clearly in the best interest of the child. Courts consider many factors on a decision to change a child's last name such as the length of time the father's last name has been used, the strength of the mother-child relationship and the need of the child to identify with a new family unit, such as remarriage. The courts must balance these factors against the importance of the father-child relationship. It is more or less up to the judge to decide what is in the child's best interest.

Even if your child's last name is changed, you wont be changing the legally recognized father of your child. A name change will also not affect the rights or responsibilities of either parent regarding child support, visitation or inheritance rights.

Maryland Divorce ~ Separation Agreements

Divorce_Information — Thu, 04 Dec 2008 19:12:27 GMT

One document that may be drawn in your case is a Voluntary Separation Agreement or Property Settlement Agreement. Divorces are usually settled in the beginning when both parties carry guilt or at the end when both parties are exhausted and need to close this chapter in their lives. Most people in a divorce are encouraged to settle as much as possible. Many things can be included in your agreement. Here is a list of things to consider.

1. Court cost and attorney's fees. Who is responsible for these charges ?

2. Property. Who gets the house and house payment ? How is the equity divided if the house is sold ?

3. Personal Property. Who gets each car, shared appliances, furniture, etc. ?

4. Alimony. How much is the alimony and for how long ?

5. Child Support. How much ? For how long ? Who carries health and life insurance on your children ? Who claims the children on their taxes ?

6. Visitation. Is there a specific schedule ?

7. Health Insurance. Who is covered ? For how long ? What changes to policies will divorce make ?

8. Life Insurance. Who is insured ? Who is the beneficiary ? Cash value or term ? What is the amount ?

Maryland Divorce ~ Ways To Serve Your Divorce

Divorce_Information — Thu, 04 Dec 2008 18:52:34 GMT

The most widely known way to serve a divorce is to have your spouse sign the documents after you have filed your complaint with the court. You can have them mailed, hand deliver them, or have a third party deliver your papers. This is applicable even if your spouse is incarcerated.

If your spouse refuses to sign or you aren't sure whether or not they will sign then you can have the sheriff in your spouse's county serve a copy of the filed documents requiring your spouse's signature. If your spouse is incarcerated you may have the prison officials serve your spouse.

You can also serve using certified mail if your spouse lives out of state.

If the whereabouts of your spouse are unknown you may publish your divorce. The publication for the newspaper is generally $65 but may vary in your area. Upon filing of the Affidavit the clerk will grant the service of notice be made my publication in a newspaper of general circulation in the county in which the complaint has been filed.

Maryland Divorce ~ Maryland Filing Fees

Divorce_Information — Thu, 04 Dec 2008 18:43:31 GMT

In every state there are different filing fees when you file for divorce. The court filing fee for a divorce in Maryland is $80 plus an additional fee if you wish a sheriff to serve your divorce to your spouse. There is a $65 free for publication. There are no additional fees for an uncontested divorce. To find out the exact cost in your county you can contact the Clerk of the Court in your area.

Maryland Divorce ~ Maryland Divorce Forms

Divorce_Information — Thu, 04 Dec 2008 18:37:18 GMT

Each state and county has a specific list of forms that need to be completed when filing for divorce. These are the names of the documents you will need for your Maryland divorce. You may need additional documents depending of the guidelines of your county.

Maryland Filing Instructions
Civil - Domestic Case Information Report
Complaint for Absolute Divorce (dom rel 20)
Certificate of Service (for Complaint) (dom rel 58)
Affidavit of Service (for Complaint) (dom rel 56)
Marital Settlement Agreement
Schedule for Visitation/Parenting Time of Minor Children
Joint Statement of Parties Concerning Marital and Non-Marital Property
Child Support Worksheet (Sole Custody) (dom rel 34)
Child Support Worksheet (Shared Custody) (dom rel 35)
Child Support Schedule
Declaration Under the Uniform Child Custody Jurisdiction Act
Financial Statement (Plaintiff) (dom rel 31)
Financial Statement (Defendant) (dom rel 31)
Answer to Complaint (dom rel 50)
Request for Hearing (dom rel 59)
Judgment of Absolute Divorce

Recap Information On New York Alimony.

Divorce — Thu, 04 Dec 2008 15:09:43 GMT

I am hitting around different areas of alimony and debt division from state to state in the last few weeks. To give you information on divorce in different areas. I will also gather other divorce information and recap on it to help you with your divorce issues, and remember at anytime you can ask questions or even just write down your feelings. Everyone needs an outlet at times. Going through a divorce is never easy.

So today New York alimony after a divorce, now here it is referred to as a maintenance instead of a spousal support. As with any state alimony can be paid for a short duration while a spouse gets back on their feet, does schooling and returning to the work force, or it can be paid for many years. Here are some of the main factors that the divorce courts look at when deciding how long, when, and why alimony after a divorce is to be paid.

1. Divorce courts look at the total length of the marriage. They also look at the age and the health of both spouses, and if there is any special needs or medical needs in the spouses lives.

2. Divorce courts look at the standard of living before the divorce. Was a spouse a stay at home mother, which can also be hard on children's lives, when both spouses now have to work. The look at if a spouse quit school or a good paying job to stay at home.

3. Divorce courts also take a look at the spouses financial needs, the bills and debt they may be taking on in the divorce. If they will have to get a higher paying job to pay bills, even go back to school to better themselves in the work force.

4. Divorce courts look at the conduct of each spouse during the divorce, they also look at what the conduct was DURING the marriage.

5. Divorce courts take a look at how children will be affected, as we discussed just a moment ago if they are use to a stay at home mom that now has to go back to school and or work.

6. Divorce courts look if there is any tax consequences in the divorce.

7. Divorce courts look at each spouses assets, and if there is any to be acquired during the future.

So many things are looked at and those are the main areas when deciding alimony. As most states temporary alimony during the divorce process can be awarded until the divorce is finalized and the courts have made final decisions.

Recap...Divorce, Alimony Information California.

Divorce — Wed, 03 Dec 2008 14:41:00 GMT

Every state is different on how it decides if alimony will be paid after a divorce, so many factors as we discuss state to state fall in on deciding on amount and the length of how long alimony will be paid after the divorce. Here again California refers to its alimony after a divorce as a spousal support, and in any alimony blog I like to remind people that alimony after a divorce is not a punishment. When you have come accustomed to living a certain way and even maybe quit schooling or work, a spouse will need help getting back on their feet and sometimes the alimony in cases is paid longer due to many factors.

So lets take a list at how the divorce courts decide on alimony after a divorce, many factors are mixed together such as if its elderly spouses alimony may be paid up until one spouse passes away. Alimony will not be paid when the spouse receiving it is ever remarried.

1. Divorce courts take a look at the over all standard of living. Going from one extreme of living to another can be rough.

2. Divorce courts look at how long the marriage was, now as I have said before, anything over 5 years is considered to be a longer marriage.

3. Divorce courts look at the needs of each spouse, such as medical or health needs.

4. Divorce courts look at the financial liabilities of each spouse. Who is going to have the most expenses.

5. Divorce courts take a look at if the spouse was use to staying at home...stay at home mother, this can even be an impact on a child's life.

6. Divorce courts look at if a spouse has to return to school to better themselves in the work force, and maybe continue the major they were in. How hard it will be for them to return to school or the work force after the divorce, all this plays a huge roll in alimony after a divorce. It may be hard to get a job to support oneself especially if after staying home quitting school or work.

7. Divorce courts also look at the ages of each spouse.

8. Divorce courts look at tax consequences that may come from the divorce.

There again are so many factors when divorce courts look at spouses in each divorce case for alimony. Again like most states a temporary alimony can be awarded during the divorce process.

Information on Illinois Alimony.

Divorce — Tue, 02 Dec 2008 14:28:23 GMT

I hit just a pinch of a discussion in yesterdays blog on alimony in a divorce in Illinois while discussing debt and property division, in how the divorce courts come about separating property and if a spouse has been working, but lets recap and discuss alimony in Illinois. Alimony after a divorce is referred to as a spousal support most states refer to it as that in the divorce process. Marriage is a promise to be taken care of and supported, and alimony after a divorce is to at least help that person get back on their feet after that promise is broken. Alimony is not a punishment to a spouse. There are different factors that are looked at when deciding wither alimony will be paid in a divorce and for the length of time, it can be for a short amount of time. or lengthy amount of time....different factors such as age, health, income...etc all play part in deciding wither alimony will be paid in a divorce. So here are some of the factors.

1. Income plays one of the biggest parts if alimony will be paid after a divorce. Has a spouse quit there job to become a home maker or even schooling is there children involved that is use to a stay at home home. Will a spouse have to return back to school, to find a better place in the work force after the divorce. So all of this comes into play.

2. The total length of the marriage before it was ended in divorce. Has it been a short lived marriage or a lengthier one. Most the time anything over 5 years is considered to be a longer marriage.

3. The standard of living, how much will a spouses lifestyle change after the divorce. It is hard on a person to go from one extreme of living to another.

4. The over all age and health of the spouses in the divorce. Do any of the spouses have certain medical needs..etc.

5. They divorce courts also look at if there is any tax consequences to one spouse in the divorce.

6. Also sometimes in prenups there will be that a spouse pays alimony after a divorce.

There are so many factors when divorce courts are deciding wither alimony is to be paid to a spouse in a lot of cases a temporary alimony can be awarded during the divorce process to help a spouse getting out on their own.

Maryland Divorce ~ Court Locations

Divorce_Information — Tue, 02 Dec 2008 13:22:10 GMT

Allegany County Courts

Circuit Court
30 Washington St.
Cumberland, MD 21502-1731
Phone – (301) 777-5922

District Court
3 Pershing St.
Cumberland, MD 21502-3401
Phone – 301-777-2105

Anne Arundel County Courts

Circuit Court
7 Church Circle
Annapolis, MD 21404-2395
Phone – 410-222-1397

Baltimore City Courts

Circuit Court
Clarence M. Mitchell, Jr. Courthouse
100 N. Calvert St.
Baltimore, MD 21202

District Court

Courthouse East
111 N. Calvert St.
Baltimore, MD 21202

Baltimore County Courts

Circuit Court
County Courts Building
401 Bosley Avenue
Towson, MD 21204
Phone – (410) 887-2601

Calvert County Courts

Circuit Court
Calvert County Courthouse
175 Main Street
Prince Frederick, Maryland 20678
410 - 535 -1660

Caroline County Courts

Circuit Court
109 Market St.
Denton, MD 21629-0356
Phone (410) 479-1811

Carroll County Courts

Circuit Court
55 N. Court Street
Westminster, Maryland 21157
(410) 386-2026

Cecil County Courts

Circuit Court
129 E. Main Street
Elkton, Maryland 21921
(410) 996-5370

Charles County Courts

Circuit Court
200 Charles Street
LaPlata, Maryland 20646
(301) 932-3201

Dorchester County Courts

Circuit Court
206 High Street
Cambridge, Maryland 21613
(410) 228-0481

Frederick County Courts

Circuit Court
100 West Patrick Street
Frederick, Maryland 21701
(301) 694-1976

Garrett County Courts

Circuit Court
203 S. 4th Street, Room 209
P.O. Box 447
Oakland, Maryland 21550
(301) 334-1937

Harford County Courts

Circuit Court
20 W. Courtland Street
Bel Air, Maryland 21014
(410) 638-3426

Howard County Courts

Circuit Court
8360 Court Ave
Ellicott City, Maryland 21043
(410) 313-2111

Kent County Courts

Circuit Court
103 N. Cross Street
Chestertown, Maryland 21620
(410) 778-7460

Montgomery County Courts

Circuit Court
50 Maryland Avenue
Rockville, Maryland 20850
(240) 777-9466
Juvenile: 240-777-9530
Family Division: 240-777-9060 (Spanish Available)
Family Department Clerks: 240-777-9426

Prince George’ s County Courts

Circuit Court
Court House
14735 Main Street
Upper Marlboro, Maryland 20772
(301) 952-3318

Queen Anne’s County Courts

Circuit Court
Court House
100 Court House Square
Centreville, Maryland 21617
(410) 758-1773

Somerset County Courts

Circuit Court
Court House
30512 Prince William Street
Princess Anne, Maryland 21853
(410) 845-4840

St Mary’s County Courts

Circuit Court
41605 Courthouse Drive
Leonardtown, Maryland 20650
(301) 475-4567

Talbot County Courts

Circuit Court
Court House
Washington and Federal Streets
11 N Washington St
Easton, Maryland 21601
(410) 822-2611

Washington County Courts

Circuit Court
95 West Washington Street
Hagerstown, Maryland 21740
(301) 733-8660

Wicomico County Courts

Circuit Court
101 North Division Street
Courthouse, Room 105
Salisbury, Maryland 21801
(410) 543-6551

Worcester County Courts

Circuit Court
Court House, Room 104
One W. Market Street
P.O. Box 40
Snow Hill, Maryland 21863
(410) 632-5500

Maryland Divorce ~ Divorce Mediation In Maryland

Divorce_Information — Tue, 02 Dec 2008 13:06:15 GMT

"Family Mediation" is a term used for the mediation of disputes in divorce, annulment, paternity establishment, child custody/visitation, or child or spousal support.

Programs of mediation can prove to be very beneficial to people who are divorced and still have disputes or those who are seeking or in the proceedings of divorce. Mediation could really be helpful for a couple faced with divorce, a child custody dispute, visitation arguments and other conflicts you may have during these times.

Mediation can possibly help you resolve your case so you would benefit with an uncontested divorce. Since cases with children often require the parents to be civil with one another, mediation is helpful being that they will no longer be living together as husband and wife. In the state of Maryland, all cases that involve contested custody or visitation matters are forced to have mandatory mediation, provided the parties are represented by an attorney and there are no accusations of domestic abuse.

Mediation is designed to change differences from a losing situation for both parties to a winning one. Mediation occurs when a neutral third party, who has training in dispute resolution, assists you and your spouse to resolve the differences causing conflict and to make informed and cooperative decisions that benefit everyone involved.

Maryland Divorce ~ Grounds For Limited Divorce Or Legal Separation

Divorce_Information — Tue, 02 Dec 2008 12:51:11 GMT

For many religious or personal reasons many people do not wish to get a full divorce and opt for a "limited divorce". There is no legal separation in Maryland. A "limited divorce" in Maryland is similar to what other states call a "legal separation". Limited divorces are very similar to an absolute divorce with the major difference being the couple may not remarry. You are still married in the period of time that you are legally separated.

Maryland requires that you meet residency requirements, grounds and other laws just as you would for an absolute divorce. Limited divorces can also involve property settlements, child support, custody and alimony.

Grounds for obtaining a limited divorce in Maryland :

~cruelty or excessively vicious conduct to the plaintiff or minor child

~desertion

~voluntary separation without any reasonable expectation of reconciliation

Maryland courts may grant you a limited divorce even though you are seeking an absolute divorce. The courts may also decree these divorces permanent or for a limited time period. A Maryland limited divorce may be revoked by the court at any time upon the joint applications of the parties to be discharged. If that happens you remain married in the state of Maryland.

Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)

Maryland Divorce ~ Separation Without Cohabitation

Divorce_Information — Tue, 02 Dec 2008 12:38:43 GMT

It is still possible to file separation without cohabitation if your spouse wants a separation and you do not. Maryland requires two years of living apart. Whether the separation is voluntary or not it has to be continuous. This does not mean that you cannot be around your spouse, it means you cannot have sexual relations with one another. If you do end up in a sexual encounter with your spouse your waiting period must start all over again. It will begin the day after your last sexual encounter. Sex between you and your spouse is strictly forbidden during your waiting period. Sex with anyone outside the marriage could also change the scenario and the grounds for your divorce will change. Another rule here is to live in two completely separate places. This does not include different areas of the house, rather different addresses.

Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)

Maryland Divorce ~ Voluntary Separation and No-Fault Divorce in Maryland

Divorce_Information — Mon, 01 Dec 2008 22:34:58 GMT

The state of Maryland has a "no-fault" divorce known also as voluntary separation. This means you and your spouse have separated after mutually and voluntarily agreeing that you no longer wish to live together as husband and wife and there is no hope for reconciliation. To get a divorce on this ground you must be separated without interruption, without cohabitation for one year.

If this is not a mutual and voluntary situation you will have to use other grounds for divorce.

There are two types of voluntary separation : one for limited divorce and one for absolute divorce. An important fact to remember is that limited divorce is not a complete end to your marriage.

Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)

Maryland Divorce ~ Desertion and Abandonment

Divorce_Information — Mon, 01 Dec 2008 22:28:20 GMT

For practical purposes, desertion and abandonment are just about the same. There are two elements that must be present to constitute desertion :

~the willful desire or the intent to desert

~the cutting off of the marital relationship

In Maryland abandonment is defined by :

~twelve uninterrupted months of separation

~willful and malicious

~beyond any reasonable expectation of reconciliation

There are two types of desertion

Actual Desertion

When your spouse physically moves away from the house it is considered actual desertion. The spouse leaves and has no plans of returning other than picking up forgotten personal belongings.

Constructive Desertion

Desertion can also be present if your spouse does not leave. You can leave and charge your spouse with constructive desertion if your spouse's behavior is cruel and harmful. Constructive desertion is basically defined as one person leaving the relationship, not necessarily the home.

This also includes willful refusal of sexual intercourse and nonperformance of other marital duties. Conduct that endangers a spouse's life, health or safety also applies.

If the deserter returns and you accept the return of your estranged spouse then grounds for desertion of any kind are void. If you reject the return of your spouse they could in turn file desertion upon you.

Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)

Maryland Divorce ~ Adultery

Divorce_Information — Mon, 01 Dec 2008 22:13:24 GMT

Adultery is sexual intercourse between a married person and someone other than their spouse. In Maryland cunnilingus, fellatio and sodomy are not considered grounds for divorce and not considered adultery. The sexual intercourse must involve the male organ penetrating the female organ, but a completion, so to speak, is not required.

You may need a private detective to prove your adultery case in court. You will have to have a corroborative witness who has no stake in the matter and can tell the court what they have witnessed. Most adultery cases are proven by circumstantial evidence, meaning you have to establish that your spouse had the disposition and opportunity to commit adultery.

If you can only prove the disposition but not the opportunity for adultery the court may think that it is mere speculation. The same is true by proving opportunity and not disposition. Public displays of affection such as hand holding, kissing and hugging may provide sufficient evidence to indicate and adulterous disposition. Adulterous opportunity could be proven by this following example that your spouse was seen entering the house of the paramour at 11PM and not leaving until 8AM.

The co-respondent is the person you are claiming has comitted adultery with your spouse, frequently known as the paramour. The co-respondent retains the right to hire a lawyer and file an answer to your complaint.

Adulterers are not equal under the blanket of the law. In Maryland, adultery could possibly impact custody if the adultery has proven to have impaired or harmed the involved children. Adultery does not affect alimony awards in Maryland but will be a factor in considering the alimony amounts.

If you had knowledge of the adultery and remained in your normal marital living situation then adultery cannot be used as a ground for divorce. The courts feel as you have forgiven the act by continuing to remain in the same household as you spouse knowing the adultery is in progress. If your spouse has other affairs then those can be used as grounds. If your spouse has had several affairs and you only condoned one, you may file on adultery regarding the affairs you did not know about.

Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)

Maryland Divorce ~ Absolute Divorce Waiting Periods

Divorce_Information — Mon, 01 Dec 2008 21:53:22 GMT

There is a provision for bringing the lawsuit against your spouse under each ground for an absolute divorce. If you claim that your spouse has committed adultery, you can bring the action for absolute divorce at any time. As long as you fulfill the Maryland residency requirement explained here http://www.divorce-and-child.com/blogs/maryland_divorce/archive/2008/12/01/maryland-divorce-residency.aspx there is no time limit when adultery is concerned.

In a claim of desertion you may have a time limit issue. Whether the desertion was actual or constructive, you must wait a year after the event of desertion to file an absolute divorce. To file a voluntary separation you must have been voluntarily separated for at least twelve months without cohabitation, which includes no nights under one roof and no sexual intercourse. The voluntary separation must be filed before an absolute divorce can be filed.

You can file for an absolute divorce if your spouse has been convicted of a felony or misdemeanor with a sentence of at least three years or an unspecified sentence in a penal institution and has served twelve months of that sentence. If your spouse has been confined to a mental institute, hospital or other similar medical facility for at least three years, you can then file for an absolute divorce as long as you have met residency requirements.

Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)

Maryland Divorce ~ Grounds For Divorce

Divorce_Information — Mon, 01 Dec 2008 21:10:44 GMT

There are three key factors involved in your marriage that will also be involved in your divorce, you, your spouse and the state. You have to give the state an acceptable reason for divorce. Each state has different views on acceptable grounds for divorce.

The court will grant an absolute divorce for the following six grounds :

~adultery

~desertion

~voluntary separation

~criminal conviction of a misdemeanor or felony

~two year separation

~insanity

Any one of these grounds, if proved, will result in the courts granting your petition. You can also file for divorce for more than one ground.

The court will grant a limited divorce for the following four grounds :

~cruelty (against the complaining party or children of the complaining party)

~excessive cruelty

~desertion

~voluntary separation

Any one of these grounds, if proved, will result in a limited divorce. A limited divorce will not completely terminate your marital status. If you wish to completely terminate your marital status you must have an annulment or an absolute divorce.

Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)

Maryland Divorce ~ Different Types of Divorce

Divorce_Information — Mon, 01 Dec 2008 20:51:27 GMT

There are two types of divorce in Maryland : absolute divorce and limited divorce.

Absolute Divorce vs Limited Divorce

When the court orders and absolute divorce it means that the divorce is permanent, revokes remarriage and does not terminate property claims. It serves to legalize the separation and support those involved. There is common misunderstanding about separation. It is believed that you must have legal separation to get an absolute divorce which is not the case. You are also not required to get a limited divorce before an absolute divorce in Maryland. Divorce in Maryland is statutory. The law is located in The Maryland Annotated Code under the Family Law section of the code in subsection 7.

Annulment

Annulment is a decision by the court to claim that you were never married. Because Maryland courts rarely grant annulments you should put a lot of consideration into using this route to end an existing marriage. It is not easy to get an annulment. The court will look at the legitimacy of children and the preservation of the sanctity of your marriage.

Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)

Maryland Divorce ~ Residency

Divorce_Information — Mon, 01 Dec 2008 20:39:58 GMT

In order to start the divorce process you must file a complaint in the circuit court where your spouse lives. At the hearing or in your complaint you must meet the residency requirements for the ground you specify. Divorce laws apply only to the residents of a state and each state holds its own requirements. Grounds for voluntary separation without cohabitation has a residency requirement of one year in the state of Maryland. The law requires that you or your spouse has been a resident of Maryland for the time before and at the time you file your divorce. After you file you can move anywhere you would like.

You do not have to remain at the same address to fulfill your requirement of residency. You can move to different parts of the state in which you file. You should have all of your addresses prepared for your legal forms to prove your residency, especially where you lived during the separation.

Courts use your sworn statement as far as residency is concerned. Most courts will verify your residency. Cases have been dismissed because of improper residency information. It is very important that you have this information when filing.

The best way to establish residency is register to vote, get a divers license, a job, credit cards, utility bills, library cards, car registration, etc.

Maryland has counties that will specify where your divorce will take place. The divorce must be filed where either the plaintiff or defendant resides or is legally employed.

Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)

Maryland Divorce

Divorce_Information — Mon, 01 Dec 2008 20:24:24 GMT

Maryland laws state that you have the right to represent yourself in all legal cases, including divorce.

Being your own representative isn't always the best idea. By representing yourself you may be giving up important rights. It is very important for you to find out whether or not your spouse has retirement accounts, pension, insurance or other important property before you file your own divorce. If these things are not brought to the table in a divorce, your rights to them are permanently gone.

Maryland law limits the authority of the court to grant divorces. The law also dictates when the court has jurisdiction over a divorce proceeding.

In Maryland the circuit courts have jurisdiction to hear divorce cases. Generally the circuit court with jurisdiction in your case is the circuit court in the county where you or your spouse lives. Upon filing divorce papers you must state your grounds for that specific court to have jurisdiction. If you do not state this correctly your spouse could file a motion to dismiss your case.

After you file your papers, your spouse has 30 days (if your spouse lives in Maryland), 60 days (if your spouse does not live in Maryland, but in the United States), or 90 days (if your spouse lives outside the United States) to respond to your request for divorce petition. If your spouse does not respond to the the court they will proceed as long as the process has been completed properly. Regardless of a response from your spouse, you and your witness will appear in your hearing. After your witness testifies and you have presented all of your evidence then your spouse will have their chance to do the same. At the end of your hearing the court will decide within 30 days to grant a divorce and settlement of marital issues.

Source : How To Do Your Own Divorce In Maryland by Richard S. Granat (2004)

Information...Illinois Divorce and Dividing Property.

Divorce — Mon, 01 Dec 2008 14:05:11 GMT

Illinois is just a pinch different on how it does dividing property in a divorce. Illinois does what is called just proportions in the dividing property or, how ever the divorce courts see fit, there are of course the none marital property in the divorce that runs pretty much the same in that area as for other states. Such as anything you had before you were married is not considered to be marital property in a divorce, any separate business with a separate income you had before you were married, and things such as gifts and inheritance are not considered to be marital property in a divorce, but remember if anything is commingled with marital property it can be taken in a divorce. Now the divorce courts look at certain factors when separating and dividing property and debt between the spouses in the divorce, so lets take a look at those.

1. How long the marriage was before ending in first separation or divorce. Anything over 5 years is considered to be a longer marriage. They do take a look at certain things if the marriage was short lived, such as was a spouse just trying to get an inheritance etc.

2. They look at everything being split in the divorce, material and none material, all the debt and property.

3. The divorce courts then take a look at the financial outlook on each spouse, their jobs, their earning capabilities, was one spouse at home as a home maker, quit school? Alimony can come into play in the divorce there. So everything is looked at financially, on which spouse can afford what.

4. The divorce courts also take a look at the over all health and age of the spouses.

5. The divorce courts take a look at what property was gained by which spouse in the marriage.

6. The divorce courts look at how a spouse will benefit from property they get in the divorce.

7. If there was any other marriages resulting in divorce and also obligations to that family.

8. Also the divorce courts must look and see if there was any signed agreements between the spouses such as prenups, that is something the divorce courts can not go around, but must be followed as signed in the papers.

9. The divorce courts also look to see if there will be any tax consequences in the divorce.

That is the major things that the divorce courts look at, but many other things can come into play.

Information...Florida Alimony.

Divorce — Fri, 28 Nov 2008 14:44:33 GMT

Working in the Florida law divorce area, I thought I would hit on some alimony information. As with any state there are certain factors for what is referred to as a spousal support after a divorce. The divorce courts look at many things in deciding wither a spouse can receive alimony after a divorce. So lets take a look at this. To me this is very important and sometimes I think spouses forget about all these things. When you have counted on somebody for years and changed your life, and then they left, you do have to get back on your feet. Alimony after divorce is never a punishment, and a spouse should never be upset for having to pay alimony to help the person they were with to get back on their feet. So now here is a list of things the divorce courts take a look at.

1. They look at the standard of living during the marriage, how did you live, how were you cared for, and what will your lifestyle be after the divorce.

2. How long was the marriage was before the divorce., was it just for a couple months or years, they most the time look at a long marriage to be over 5 years before.

3. The over all health and ages of the spouses in the divorce.

4. What you will be receiving in the divorce, assets, debt? These are all important to how you will live after the divorce also.

5. Before the separation or divorce who paid the biggest portion of the bills? Who was the homemaker.

6. Did a spouse quit a job or any schooling to remain at home as a home maker for the other spouse and to take care of children. This is important if a spouse will have to return to school or find a place in the work force after the divorce.

There are so many factors looked at in these areas. Alimony after a divorce can be paid for a short amount of time or lengthy. Depends on how many factors are mixed together. Now a spouse can also receive temporary alimony during the divorce also, to help them get back on their feet.

Recapping Florida Divorce Law.

Divorce — Wed, 26 Nov 2008 14:23:39 GMT

Researching Florida divorce law this morning for one of the blogs, and also anyone else that may be looking for divorce law in Florida.

In Florida you must be a resident of the state to file, this means you can not move then file, You must have filed for divorce before you have left the state. If your in the armed forces in Florida, you can file for divorce at any time.

Florida divorce law you can simply state that there are irreconcilable differences and that the marriage is beyond repair. If there is an agreement on both sides and no arguments with the divorce then you can just simply put a stipulation in the divorce papers, that you can go ahead and divorce, ending the marriage. Now if either spouse disagrees with the divorce and wants to work at it or if there is children involved in the divorce, ALSO if there is fighting on how to split the debt in the divorce, then the courts can order that there needs to be marriage counseling before the divorce process can go into any affect. In Florida counseling for a divorce does not need to come right from a marriage or divorce counselor, you may also see a psychiatrist, minister, rabbi or anyone else that is experienced in counseling, counseling for the divorce can not come from friends or family. It is recommended that there is counseling for families going through a divorce anyhow, because it does help children and spouses open up and move on in life without feeling guilt or pain.

Now of course the divorce process begins when one spouse files for divorce and the other spouse is then served. A spouse is given what is called a reasonable amount of time to respond to the divorce papers, but not a prolonged amount of time. The divorce process can go very simple if every one is in agreement about property division, debt division. child support and child custody. If not the divorce will be set to trial.

Information on Indiana's Debt Division.

Divorce — Fri, 21 Nov 2008 14:56:11 GMT

In Indiana the courts decide what the spouses get in the divorce. Now this is equitable distribution, but the divorce courts do try to do it in the most fair way possible, so that it is a pretty even split. They do take many things into consideration and we will go over those in just a moment. Now remember things such as if there was prenups will decide, and sometimes the divorce courts will even allow the spouses to decide on some things if they are getting along. There as always are things considered not to be marital assets in a divorce and most states are the same on those as long as the property has not been commingled. inheritance, gifts, money from separate business before you were married, etc...A really important thing to do here, if things have been commingled is at least keep all your documents and paper work, sometimes if the marriage was short and shows the spouse was just using another to gain, they will look at that background, but now lets take a look at what the divorce courts look at when separating the property in Indiana.

1. The divorce courts do not always look at the reason the divorce come about or even the conduct during the marriage, but they do look at how the spouses are acting during the divorce process.

2. The divorce courts look at what each spouse brought into the marriage, a homemaker is looked at just as much as a provider. Both work hard.

3. The divorce courts look at each spouses acquired property, before and during the marriage, They look at gifts and inheritance, and the length of the marriage also to make sure that a spouse did not marry for just the purpose of taking.

4. The divorce courts look at the length of the marriage.

5. The divorce courts look at what each spouse will be paying, their income before and during the marriage and what the spouses are doing after, even alimony comes into play here.

Remember if you need any certain state information, just let me know!

Georgia Debt Division Information, in a Divorce.

Divorce — Thu, 20 Nov 2008 14:45:53 GMT

Again as we have discussed states vary from one to another on how they handle debt division in a divorce. Georgia is a pinch different then any state we have talked about so far. Even though they think that everything gained during the marriage is marital property and to be divided as equally as possible down the middle in the divorce, the divorce courts still take a moment to look at a few things before deciding who gets what in the divorce. Lets take a moment though to look at something before going into that. In Georgia they will allow the spouses to choose, if there is no conflict, if there is the divorce courts get to decide. Now there can also be written documents that the spouses do before they are married in case of divorce, saying who gets what. I think what they usually call a prenup can be very important, especially if you have property before or even inheritance that gets commingled with marital property that can be taken in a divorce.

Now when Georgia divorce courts are dividing the property down the middle they do take a moment to look at some things. Most community dividing of property they do not look at things, that is only in equitable split, but Georgia does take a few things into consideration. They do take a look at each spouses financial status and their income and the things they will have after the divorce, what they will be paying and so forth. Future needs are also looked at. So Georgia being a community property state still do take a few things into consideration.

Now as always as in most states there are certain things that can not be taken in a divorce, such as family inheritance, if you had a separate income before you were married, from an investment, and also items you had before. Again the important thing here is not to commingle it with marital property, because it can be taken in a divorce.