January 2009 - Posts
Many couples are choosing to make pre-marital agreements before becoming husband and wife. Pre-marital agreements, pre-nuptial or ante-nuptial agreements have become more widely noted in the last decade.
The rumor about pre-nuptial agreements is that they are meant to allow both parties to keep their own property in the event of divorce, but actually a pre-marital agreement can also provide which children receive certain assets in case of the death of the parents. This is a great tool on divorce as it has already determined placement of certain assets in the event of divorce. Pre-nuptial agreements prove that couples are aware of the fact that the marriage may not last forever and wish to have their plans stated before marriage.
These agreements can cover so many areas so you must choose what matters the most to you and your spouse. There must be a detailed account of who's belongings are the property of which spouse. This agreement must also include how marital income will be calculated in the event of divorce. Both parties must review and agree to the terms listed.
Source : Maryland State Code
There is lots of information to be shared about Maryland divorce. These are some questions people have about divorce in Maryland.
Can you use violence as a grounds for divorce if there was only one act of violence ?
In order to use violence or cruelty as your grounds for divorce, the act of violence must show intent of the offending spouse to threaten or place the victim in serious danger or has done serious bodily harm.
What kind of conduct would be considered cruelty, violence or excessively vicious conduct ?
Mental and physical abuse ore both considered in the validation of the grounds you choose to use in your divorce. Here are some examples of behaviors for consideration of your grounds for divorce :
Controlling Behavior
Isolation from friends and family
Taunting
Violence and threats of violence
Other misconduct which is meant to seriously impair the health of the victim
Am I justified in leaving my marriage when I go to court ?
You would be legally justified in leaving your marriage when your spouse presents a threat to your personal safety, health and well being, or self-respect. If you are a victim of these types of behaviors, you may be justified in leaving on grounds of constructive desertion. It is always best to contact your lawyer before leaving, as you may be charged with actual desertion. Your lawyer can tell you what will be in your best interest.
Source : Maryland State Code
There are two major questions about gaining proof of adultery.
What evidence is needed to prove adultery ?
It isn't likely in the state of Maryland to prove adultery by only eyewitness testimonies. The court may agree if there is substantial evidence brought to court. You must have evidence that proves :
1. The alleged adulterer and the paramour were inclined to commit adultery when the opportunity presented itself.
2. The alleged adulterer and the paramour were together at the same time and place where there were opportunities to engage in sexual conduct.
Does adultery include an extra marital same sex relationship ?
Maryland has a unique response to this question. The answer is no. In Maryland divorce law, "adultery" is stated as voluntary sexual intercourse between a married person and a partner other than the married person's spouse. The true definition of intercourse does not adhere to same sex partnerships as there is not between a man and woman including penetration.
Same sex intimate conduct may not be considered to be adultery in a Maryland court. At the same time, same sex intimacy outside of a marriage could be classified as desertion.
Source : Maryland State Code