Most disagreements between spouses in divorce cases boil down to matters of asset division and child custody. Sometimes, though, one spouse wants a divorce and the other adamantly opposes to it. This person may refuse to sign any paperwork and attempts to make the process as contentious as possible. The spouse initiating the split needs a practitioner of divorce law in Frederick to successfully end the marriage as speedily as possible in these circumstances.
12 Months of Separation
Most divorces now are no-fault cases and go uncontested. It has become rare for someone to allege misbehavior as the reason for the divorce. Under divorce law in Frederick, the spouse who wants a divorce may be able to obtain one by moving out and living apart from the other spouse for at least 12 months. This parameter became state law in 2011. The other spouse does not have to agree or sign anything.
The spouse may challenge these 12 months of separation by providing evidence that they reconciled for a time. This is crucial for the person who wants a divorce to understand. Trying to be accommodating by staying overnight or spending a lot of time at the family home can derail the 12-month rule. A family court judge may very well decide that the two weren’t truly separated.
Filing a Fault-Based Divorce Complaint
In some instances, filing for a fault-based divorce will be the fastest way to accomplish the goal of ending the marriage. However, the spouse must have some type of concrete evidence of misbehavior such as infidelity or abuse. It sometimes happens that one spouse moves out and even begins a romantic relationship with another person, but refuses to sign divorce papers. An attorney with a law firm like Russell & Heffner can help the spouse who wants to terminate this marriage.
The first step is to fulfill all paperwork requirements with the court, which includes a complaint for a divorce and a civil domestic case report. The attorney will complete the paperwork and file it for the client. Anyone who is ready to start these proceedings can set up a consultation.