Grounds for DivorceOne of the most asked questions from people looking to separate or divorce is: Do I have grounds for divorce?
Here are the grounds for divorce in Maryland:
Adultery; Desertion; Voluntary Separation; Conviction of a Felony; Two Year Separation; Insanity; Cruelty of Treatment; and Excessively Vicious Conduct; Bigamy; Voluntary separation (requires that both parties live separate and apart); criminal incarceration; mental insanity.
Domestic ViolenceDomestic violence has been around for a long time. Unfortunately, battered and abused
spouses were ignored until recent times when legislatures finally woke up and enacted legislation to protect those who could not protect themselves.
No one and I mean no one has the right to hit another. There is no excuse and absolutely no reason that anyone should have to suffer from violence and humiliation. The real question is why battered and abused spouses allow themselves to be placed in a position for abuse?
There is no simple answer. However, here is a list of most common reasons.
1. Financial dependence on spouse.
2. Lack of self esteem and depression.
3. The children.
4. No place to go and no support group spouse is aware of.
5. Embarrassment over admitting failure in the marriage.
Do I have to leave the house to get a divorce?Can I live in the same house and file for divorce?
The general rule was the only grounds for staying in the same home and filing for divorce was on the grounds of cruelty and adultery. A recent Maryland Divorce Case Ricketts v. Ricketts just changed the ground rules.
It now appears the Court will allow someone who has abandoned the bedroom, for example, to still live in the same house and file for divorce.
In the July 28, 2006 opinion the Court held "We have held, however, that constructive desertion may occur where both parties continue to live under the same roof."
What does this mean for you? It simply means that you do not have to leave the marital home where one of the parties has constructively left the marriage. As with all cases you need to speak with a competent divorce lawyer as to your specific facts.
Military PensionsWe often get questions on military pensions and whether there is any truth that if a couple has not been married for 10 years the spouse is excluded for sharing in the pension.
The answer is YES. but only if you read the fine print and look at the case law.
A review of USFSPA provides military retirement payments may not be made "under this section" to a former spouse who was not married to the service member for at least 10 years. 10 U.S.C. Sec. 1408(d)(2). The 10-year requirement applies only to military retirement pay paid directly by the military finance center to the former spouse. Virginia appellate courts have stated while a 10-year marriage is a condition for direct payment, failure to meet the 10-year requirement does not bar the court's division of a spouse's military retirement pay. Cook v. Cook , 18 Va. App. 726, 446 S.E.2d 894 (1994).
Likewise, the Court have held that even if the military personnel has not served 20 years and is not fully vested, does not mean that t
Grandparents RightsGrandparent rights are governed by ? 9-102 of the Maryland Statute:
A recent appellate court decision has made it increasingly more difficult for grandparents to have visitation rights.
Glen Koshko, et ux. v. John Haining, et ux., No. 35, Sept. Term 2006
An equity court may:
(1) consider a petition for reasonable visitation of a grandchild by a grandparent; and
(2) if the court finds it to be in the best interests of the child, grant visitation rights to the grandparent.
1. Is it in the best interest of the child.
2. What is the current and past relationship of the child with the grandparents.
3. What impact (positive or negative) will the visitation have on the child.
4. Will the visitation impact upon the educational and/or physical activiti
Engagement RingsEngagement Rings
Who keeps the engagement ring?
As a general rule an engagement ring is a conditional gift given by one party to the other in anticipation of marriage. If the party who receives the ring breaks off the engagement then the ring would generally go back to the person giving the ring. Once they are married the ring belongs to the recipient and is not considered marital property. It is never a good idea to give an engagement ring on a special occasion or holiday because it maybe looked at more as a gift then a conditional gift.