Contested Divorce

Annapolis Contested Divorce Lawyer

Contested, Uncontested Divorce, and Separation Agreements in Maryland

At the Law Office of Nicholas T. Exarhakis, we understand how emotionally taxing and overwhelming a divorce can be, especially when you and your spouse are unable to agree on divorce terms. When this happens, the law refers to it as contested divorce. During this hard time, an experienced Maryland divorce attorney will be available to navigate you through the litigation process. In the event you and your spouse can or may agree on terms of the divorce a separation may be your best option.

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Uncontested Divorce

As of October 1, 2015, Maryland couples with no children or children over the age of 18 may file for divorce immediately and without a waiting period by a Consent Joint Complaint for Divorce provided a Separation Agreement settling all property issues has been executed. Both parties must attend the final divorce hearing.

Common Grounds for a Contested Divorce

If you plan to contest your divorce, you may need to find a way to prove fault in order to successfully win your case. There are many reasons a spouse may choose to contest a divorce. Below is a list of the most common reasons spouses choose to contest divorce.

  • Cruelty – One of the most common grounds for divorce is cruelty. Cruelty includes acts of physical violence and emotional abuse that endanger your safety and health. Examples of cruelty include: physical abuse, criminal tendencies, and threats of violence, alcohol, drug and gambling abuse.

  • Adultery – Another common ground for divorce is adultery. The courts may consider an act of adultery when determining alimony.

  • Abandonment - If one party leaves the marriage or if the home situation has become so abusive as to create an atmosphere of fear that leaving the marriage is the only safe course to follow you may file a divorce on the grounds or abandonment or constructive abandonment.

  • Separation – You and your spouse were living separately for one year without interruption but have been unable to come to an agreement regarding custody, visitation or property division.

Creating the Separation Agreement

In a non-contested divorce, the parties may elect to create a Property or Marital Separation Agreement. The separation agreement may settle matters such as alimony, debts, child-support, custody, savings and bank accounts, personal property and retirement assets. A qualified Maryland attorney can help you prepare a separation agreement that works best for you.

Contact an Annapolis Divorce Attorney

If you are thinking of getting a divorce, we strongly suggest you contact an attorney. Divorce can be a complicated procedure. Engaging a skilled Maryland divorce attorney will help navigate you through this process. With over 25 years of experience, Attorney Nicholas T. Exarhakis is confident he can help you get the outcome you need to move forward.

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