Do Divorces Have Timing Restrictions?
One flaw of our legal system is the assumption that people who want a divorce proceed without forethought. Divorce courts implement mandatory waiting times, as well as snail’s pace of the bureaucracy involved. These wait periods are to encourage the couple to reconcile their differences and not make any rash decisions.
While this thought process means well, it is a bit altruistic. You don’t need to be reminded of the impact of a divorce. People who pursue a divorce have been likely thinking about the topic non-stop. They’ve been asking themselves all the important questions non-stop. How will this impact your life? What does this spell out for you and your kids? Will you ever recover from the financial impact of suddenly being single? You’ve done the therapy and the communication, but nothing is going to save this marriage.
It is common for a divorce in Maryland to be finalized after roughly one year for a traditional, contested divorce. This is a divorce where you and your soon-to-be former spouse can not agree on the parameters of your divorce and require the court to make the difficult decisions for you.
A non-contested divorce usually takes roughly six months. A non-contested divorce is one where you and your soon-to-be ex agree on the key parameters of your divorce and do not need court intervention.
But what if you are in an unsafe situation? What if the matter isn’t a contested or uncontested divorce but a dangerous marriage?
Maryland recognizes both no fault grounds for divorce as well as fault grounds for divorce.
What Are Grounds for an Immediate No-Fault Divorce?
There are two different no-fault grounds of divorce that Maryland recognizes: separation and mutual consent.
Separation
If you and your spouse have been living separately for at least 12 months without sexual contact, you can request an immediate divorce, also known as an absolute divorce.
Mutual Consent
Since 2015, you and your spouse can mutually consent to divorce each other. When both parties agree to a divorce, a court may grant their divorce without a waiting period.
What Are Grounds for an Immediate Fault Divorce?
Maryland recognizes seven fault grounds for divorce. They are adultery, desertion, conviction of particular crimes, insanity, cruelty, and excessively vicious conduct.
Adultery
You must provide evidence to the court to prove adulteration. This can be in the form of text messages or emails between your spouse and their partner. You can also use photos of the adulterous spouse and their non-marital partner acting affectionately towards each other. With this kind of evidence, the court will likely grant your divorce without a waiting period.
It is important to remember that your spouse confessing to the adultery is not enough to grant an immediate divorce.
Desertion
Suppose your spouse has abandoned you and your household for a period of at least 12 uninterrupted months against your wishes. In that case, you may be able to apply for an immediate fault divorce on the grounds of actual desertion.
Another form of desertion, known as constructive desertion, involves you leaving the home in order to avoid physical or mental harm, either to you or your children.
You would still need to leave the household for no less than 12 uninterrupted months, and there is no chance of reconciliation.
Conviction of a Crime
If your spouse has been convicted of a misdemeanor or felony crime with a sentence of three or more years in a penal institution and at least twelve months of that sentence has been served, you may file for an absolute divorce.
Remember, it is not enough for your spouse to simply be charged with a crime; they must be convicted of the crime.
Insanity
Getting a divorce on the grounds of insanity means that your spouse has been admitted into a mental institution, a hospital, or some other similar facility for at least three years. When pursuing a divorce on the grounds of insanity, the court will require testimony from at least two psychiatrists that the insanity is incurable.
Cruelty or Excessively Vicious Conduct
While both cruelty and excessively vicious conduct are two different grounds for divorce, they both deal with an abusive spouse. The abuse can be physical or mental, or both. The abuse can be directed towards you or your children. This abuse can come in the form of threats, verbal abuse, emotional abuse, and physical abuse.
If you are in an abusive situation and need immediate help, you can call the National Domestic Violence Hotline at 800-799-7233 to find help.
How Can a Family Attorney Help?
If you and your spouse are choosing to end things amicably through an uncontested divorce, you can still benefit from the input of a family law attorney. Family law lawyers understand the court process and will help ensure that your divorce is completed as expeditiously as possible by making sure the proper documentation is filled out correctly and turned in to the right authority.
However, if you are seeking an immediate divorce for any of the fault-based grounds of divorce, you may notice that the burden of collecting evidence is on you. When you work with our firm, you work with a firm that puts you and your kids first.
Using our experience, we will help you collect the necessary evidence in order to get the fastest results so you can get back to living your life.
Call 240-616-6968 to schedule your obligation-consultation. We will work together for the best outcome, walking you through the process, helping you with your evidence, and getting you back to a position where you are happy, safe, and healthy!