Posts Tagged ‘Divorce Laws’

Is my divorce in Massachusetts going to be contested?

Almost any divorce in Massachusetts, that consists of any significant amount of property and/or children results in a contested divorce. A contested divorce in Massachusetts can be resolved amicably, provided both parties attempt to resolve the issues of property and custody in an equitable manner.

How contested a divorce case is going to be is in great part determined by the parties and the divorce lawyer each party chooses to represent them.

More often than not, the opposing attorney in a contested divorce case will play a great role in how amicably a contested divorce in Massachusetts can be resolved. This in turn will determine how expensive or inexpensive the contested divorce in Massachusetts will be for the parties. How your specific case will proceed will greatly be determined by the specific facts of your case.  The divorce laws in Massachusetts are complex. If you have questions about how the divorce laws in Massachusetts do not hesitate to contact us. To determine how our divorce attorneys in Massachusetts can best assist you, please call us via our toll free number or complete our on line form.

We have offices in Boston, MA & Cambridge, MA.

For more information or to make an appointment with SRIS, P.C. divorce lawyer in Massachusetts, please call us at 888-437-7747 or complete the on-line form. Our divorce attorneys and staff in Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian. Please click on attorneys to learn more about the divorce lawyers of SRIS, P.C. who assist clients with divorces in Massachusetts. You can be rest assured that our Massachusetts divorce attorneys will do their absolute best to help you.

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In divorce action, family court had personal jurisdiction over husband, Arizona resident, under Mass. Gen. Laws ch. 223A, § 3(g) as the disjunctive “or” in statute allowed personal jurisdiction where one committed any act (in this case, marital conversations) giving rise to the stated claim for divorce (irretrievable breakdown) in Massachusetts

Going through a divorce is one of the most stressful experiences you will go through in your entire life.

The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a divorce.

If you are in the unfortunate position of having to file for a divorce in Massachusetts or you have been served with a divorce complaint in Massachusetts, you need the help of an experienced divorce lawyer in Massachusetts.

The SRIS Law Group Massachusetts divorce lawyers have a thorough understanding of the divorce laws in Massachusetts and how the Massachusetts divorce laws may apply to your case.

Our Massachusetts divorce attorneys have helped many clients who are going through a divorce in Massachusetts.

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AUSTIN WOMAN CONTESTS WIFE’S DIVORCE PETITION BY ARGUING THAT THEIR MARRIAGE IS ILLEGAL 

The couple married in Massachusetts in 2004 and adopted a child together. The woman who’s seeking the divorce, Angelique Naylor, told KXAN: “On the day that we got married, she wanted equal rights. On the day that we adopted our child, she wanted equal rights. She’s just trying to tell the judge she doesn’t have to divide those assets with me.”

Going through a divorce is one of the most stressful experiences you will go through in your entire life.

The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a divorce.

If you are in the unfortunate position of having to file for a divorce in Massachusetts or you have been served with a divorce complaint in Massachusetts, you need the help of an experienced divorce lawyer in Massachusetts.

The SRIS Law Group Massachusetts divorce lawyers have a thorough understanding of the divorce laws in Massachusetts and how the Massachusetts divorce laws may apply to your case.

Our Massachusetts divorce attorneys have helped many clients who are going through a divorce in Massachusetts. 

We have offices in Boston & Cambridge.

Barnstable County MA, Berkshire County MA, Bristol County MA, Dukes County MA, Essex County MA, Franklin County MA, Hampden County MA, Hampshire County MA, Middlesex County MA, Nantucket County MA, Norfolk County MA, Plymouth County MA, Suffolk County MA, Worcester County MA

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LAWRENCE MAN ACCUSED OF BILKING DIVORCE CLIENTS

Marmol, of 42D Chestnut St. #3, is accused of bilking $1,465 from at least four clients he was helping with uncontested divorce cases.

Going through a divorce is one of the most stressful experiences you will go through in your entire life.

The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a divorce.

If you are in the unfortunate position of having to file for a divorce in Massachusetts or you have been served with a divorce complaint in Massachusetts, you need the help of an experienced divorce lawyer in Massachusetts.

The SRIS Law Group Massachusetts divorce lawyers have a thorough understanding of the divorce laws in Massachusetts and how the Massachusetts divorce laws may apply to your case.

Our Massachusetts divorce attorneys have helped many clients who are going through a divorce in Massachusetts.

We have offices in Boston & Cambridge.

Barnstable County MA, Berkshire County MA, Bristol County MA, Dukes County MA, Essex County MA, Franklin County MA, Hampden County MA, Hampshire County MA, Middlesex County MA, Nantucket County MA, Norfolk County MA, Plymouth County MA, Suffolk County MA, Worcester County MA

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MARYLAND DIVORCE ATTORNEYS

HANDLING BOTH CONTESTED DIVORCE AND UNCONTESTED DIVORCES

When a person is either going through a divorce or preparing to go through a divorce, the person tends to be very emotionally distraught. A big reason for that is a lack of knowledge about what to expect. Our Maryland divorce attorneys are here to help you with understanding Maryland divorce law and representation if needed. After you read this, if you wish to contact us for additional help regarding a Maryland divorce, please feel free to contact us by phone, email, or our fast on line form . The Maryland divorce attorneys of SRIS, P.C. have offices in Rockville and Baltimore. Our Maryland divorce lawyers are experienced at helping people who are going through a divorce in Maryland. We can help you regardless of whether your Maryland divorce is contested or uncontested. Complicated or simple. If you wish to consult a SRIS, P.C. Maryland divorce attorney, please simply contact us via e-mail or by filling out our on-line form. A Maryland divorce lawyer of SRIS, P.C. will gladly consult with you regarding your matter.

To obtain a general overview of divorce laws, please click here.

To learn more about the laws pertaining to divorce laws in Virginia or Massachusetts, please click on the state.

The following are some of the Maryland Divorce laws. Click on any of the issues you light be interested in learning more about:

• Termination of alimony
• Amount of award; duration
• Limited divorce
• Absolute divorce
• Determination of property ownership
• Determination of marital property
• Monetary award
• Determination of family home and family use personal property
• Possession and use of family home and family use personal property
• Deeds, agreements, and settlements valid

Maryland Code, Family Law, § 11-108- Termination of alimony (top)

Unless the parties agree otherwise, alimony terminates:
(1) on the death of either party;
(2) on the marriage of the recipient; or
(3) if the court finds that termination is necessary to avoid a harsh and inequitable result.

Maryland Code, Family Law, § 11-106. Amount of award; duration (top)

Court to make determination

(a)(1) The court shall determine the amount of and the period for an award of alimony.
(2) The court may award alimony for a period beginning from the filing of the pleading that requests alimony.
(3) At the conclusion of the period of the award of alimony, no further alimony shall accrue.

Factors considered

(b) In making the determination, the court shall consider all the factors necessary for a fair and equitable award, including:
(1) the ability of the party seeking alimony to be wholly or partly self-supporting;
(2) the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
(3) the standard of living that the parties established during their marriage;
(4) the duration of the marriage;
(5) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(6) the circumstances that contributed to the estrangement of the parties;
(7) the age of each party;
(8) the physical and mental condition of each party;
(9) the ability of the party from whom alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony;
(10) any agreement between the parties;
(11) the financial needs and financial resources of each party, including:
(i) all income and assets, including property that does not produce income;
(ii) any award made under §§ 8-205 and 8-208 of this article;
(iii) the nature and amount of the financial obligations of each party; and
(iv) the right of each party to receive retirement benefits; and
(12) whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health-General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.

Award for indefinite period

(c) The court may award alimony for an indefinite period, if the court finds that:
(1) due to age, illness, infirmity, or disability, the party seeking alimony cannot reasonably be expected to make substantial progress toward becoming self-supporting; or
(2) even after the party seeking alimony will have made as much progress toward becoming self-supporting as can reasonably be expected, the respective standards of living of the parties will be unconscionably disparate.

Maryland Code, Family Law, § 7-102. Limited divorce (top)

Grounds for limited divorce

(a) The court may decree a limited divorce on the following grounds:
(1) cruelty of treatment of the complaining party or of a minor child of the complaining party;
(2) excessively vicious conduct to the complaining party or to a minor child of the complaining party;
(3) desertion; or
(4) voluntary separation, if:
(i) the parties are living separate and apart without cohabitation; and
(ii) there is no reasonable expectation of reconciliation.

Attempts at reconciliation

(b) As a condition precedent to granting a decree of limited divorce, the court may:
(1) require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and
(2) assess the costs of any efforts to achieve reconciliation that the court prescribes.

Time during which decree is effective

(c) The court may decree a divorce under this section for a limited time or for an indefinite time.

Revocation of decree

(d) The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties

Decree of limited divorce on prayer for absolute divorce

(e) If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.

Maryland Code, Family Law, § 7-103. Absolute divorce (top)

Grounds for absolute divorce

(a) The court may decree an absolute divorce on the following grounds:
(1) adultery;
(2) desertion, if:
(i) the desertion has continued for 12 months without interruption before the filing of the application for divorce;
(ii) the desertion is deliberate and final; and
(iii) there is no reasonable expectation of reconciliation;
(3) voluntary separation, if:
(i) the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and
(ii) there is no reasonable expectation of reconciliation;
(4) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has:
(i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and
(ii) served 12 months of the sentence;
(5) 2-year separation, when the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the application for divorce;
(6) insanity if:
(i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce;
(ii) the court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and
(iii) 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;
(7) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or
(8) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

Recrimination

(b) Recrimination is not a bar to either party obtaining an absolute divorce on the grounds set forth in subsection (a)(1) through (8) of this section, but is a factor to be considered by the court in a case involving the ground of adultery.

Res judicata

(c) Res judicata with respect to another ground under this section is not a bar to either party obtaining an absolute divorce on the ground of 2-year separation.

Condonation

(d) Condonation is not an absolute bar to a decree of an absolute divorce on the ground of adultery, but is a factor to be considered by the court in determining whether the divorce should be decreed.

Effect of a limited divorce on bill of complaint for absolute divorce

(e)(1) A court may decree an absolute divorce even if a party has obtained a limited divorce.
(2) If a party obtained a limited divorce on the ground of desertion that at the time of the decree did not meet the requirements of subsection (a)(2) of this section, the party may obtain an absolute divorce on the ground of desertion when the desertion meets the requirements of subsection (a)(2) of this section.

Maryland Code, Family Law, § 8-202. Determination of property ownership (top)

Determination of ownership

(a)(1) When the court grants an annulment or a limited or absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of personal property.
(2) When the court grants an annulment or an absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of real property.
(3) Except as provided in § 8-205 of this subtitle, the court may not transfer the ownership of personal or real property from 1 party to the other.

Decree and order

(b) When the court determines the ownership of personal or real property, the court may:
(1) grant a decree that states what the ownership interest of each party is; and
(2) as to any property owned by both of the parties, order a partition or a sale instead of partition and a division of the proceeds.

Maryland Code, Family Law, § 8-203. Determination of marital property (top)

Determination of marital property

(a) In a proceeding for an annulment or an absolute divorce, if there is a dispute as to whether certain property is marital property, the court shall determine which property is marital property:
(1) when the court grants an annulment or an absolute divorce;
(2) within 90 days after the court grants an annulment or divorce, if the court expressly reserves in the annulment or divorce decree the power to make the determination; or
(3) after the 90-day period if:
(i) the court expressly reserves in the annulment or divorce decree the power to make the determination;
(ii) during the 90-day period, the court extends the time for making the determination; and
(iii) the parties consent to the extension.

Consideration of military pension

(b) In this subtitle, a military pension shall be considered in the same manner as any other pension or retirement benefit.

Maryland Code, Family Law, § 8-205. Monetary award (top)

Grant of award or transfer ownership of an interest in property

(a)(1) Subject to the provisions of subsection (b) of this section, after the court determines which property is marital property, and the value of the marital property, the court may transfer ownership of an interest in property described in paragraph (2) of this subsection, grant a monetary award, or both, as an adjustment of the equities and rights of the parties concerning marital property, whether or not alimony is awarded.
(2) The court may transfer ownership of an interest in:
(i) a pension, retirement, profit sharing, or deferred compensation plan, from one party to either or both parties; and
(ii) subject to the consent of any lienholders, family use personal property, from one or both parties to either or both parties.

Required considerations

(b) The court shall determine the amount and the method of payment of a monetary award, or the terms of the transfer of the interest in property described in subsection (a)(2) of this section, or both, after considering each of the following factors:
(1) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(2) the value of all property interests of each party;
(3) the economic circumstances of each party at the time the award is to be made;
(4) the circumstances that contributed to the estrangement of the parties;
(5) the duration of the marriage;
(6) the age of each party;
(7) the physical and mental condition of each party;
(8) how and when specific marital property or interest in property described in subsection (a)(2) of this section, was acquired, including the effort expended by each party in accumulating the marital property or the interest in property described in subsection (a)(2) of this section, or both;
(9) the contribution by either party of property described in § 8-201(e)(3) of this subtitle to the acquisition of real property held by the parties as tenants by the entirety;
(10) any award of alimony and any award or other provision that the court has made with respect to family use personal property or the family home; and
(11) any other factor that the court considers necessary or appropriate to consider in order to arrive at a fair and equitable monetary award or transfer of an interest in property described in subsection (a)(2) of this section, or both.

Award reduced to judgment

(c) The court may reduce to a judgment any monetary award made under this section, to the extent that any part of the award is due and owing.

Maryland Code, Family Law, § 8-207. Determination of family home and family use personal property (top)

Determination

(a) In a proceeding for an annulment or a limited or absolute divorce, the court may determine which property is the family home and family use personal property:
(1) before the court grants an annulment or a limited or absolute divorce; or
(2) when the court grants an annulment or a limited or absolute divorce.

Modification

(b) A preliminary or pendente lite determination is subject to modification during the pendency of the proceeding.

Certain property to be treated as marital property

(c) If the court determines that there is no need for an order or decree issued under this section regarding the family home or all or any part of family use personal property, the property shall be treated as marital property if it otherwise would have been treated as marital property.

Maryland Code, Family Law, § 8-208. Possession and use of family home and family use personal property (top)

Award of possession and use

(a)(1) When the court grants an annulment or a limited or absolute divorce, regardless of how the family home or family use personal property is titled, owned, or leased, the court may:
(i) decide that 1 of the parties shall have the sole possession and use of that property; or
(ii) divide the possession and use of the property between the parties.
(2) The court may exercise these powers pendente lite.

Required considerations

(b) In awarding the possession and use of the family home and family use personal property, the court shall consider each of the following factors:
(1) the best interests of any child;
(2) the interest of each party in continuing:
(i) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it as a dwelling place; or
(ii) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it for the production of income; and
(3) any hardship imposed on the party whose interest in the family home or family use personal property is infringed on by an order issued under §§ 8- 207 through 8-213 of this subtitle.

Allocation of financial responsibilities

(c) The court may order or decree that either or both of the parties pay all or any part of:
(1) any mortgage payments or rent;
(2) any indebtedness that is related to the property;
(3) the cost of maintenance, insurance, assessments, and taxes; or
(4) any similar expenses in connection with the property.

Principal residence for tax purposes

(d) An order giving a party the sole possession and use of the family home under subsection (a) of this section does not affect the right of the other party to claim the family home as that party’s principal residence for tax purposes.

Maryland Code, Family Law, § 8-101. Deeds, agreements, and settlements valid (top)

Deed or agreement

(a) A husband and wife may make a valid and enforceable deed or agreement that relates to alimony, support, property rights, or personal rights.

Settlement

(b) A husband and wife may make a valid and enforceable settlement of alimony, support, property rights, or personal rights.
Our Maryland divorce attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with a SRIS, P.C. Maryland divorce lawyer, please call, send an email or complete the on-line form.

We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.

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MASSACHUSETTS DIVORCE ATTORNEYS

HANDLE BOTH CONTESTED DIVORCE AND UNCONTESTED DIVORCE IN MASSACHUSETTS

There is nothing easy about going through a divorce. Our Massachusetts divorce attorneys understand that a divorce is an anxiety laden and stressful experience. Our Massachusetts divorce & family law attorneys know that the best way they can help their Massachusetts divorce clients is by being there for them and giving them the guidance the clients need to get them through the Massachusetts divorce process. To let our Massachusetts divorce clients know that we are here for them, our Massachusetts divorce lawyers do their best to return all phone calls within 8 hours. We also give our Massachusetts divorce clients, our email address so that our Massachusetts divorce clients can email us in the event they are not able to call us. If you wish to obtain a general overview of the divorce process in Massachusetts, please click on the term divorce. Below, you will find some of the Massachusetts divorce laws. We hope this is of help to you. After, you have read it, you are welcome to contact us so that our divorce attorneys in Massachusetts may determine how we can best help you. Ourr Massachusetts divorce lawyers will listen to you and then give you honest and clear advice on how we can best help you with your divorce issues in Massachusetts. We have an office in the City of Boston, Massachusetts to better serve you. If you wish to consult a SRIS, P.C. Divorce attorney in Massachusetts, please simply contact us via e-mail, phone, or by filling out or on-line form.  A Massachusetts divorce lawyer of SRIS, P.C. will talk with you and advice as you as to how we can help.

BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747

To obtain a general overview of divorce laws, please click here.

To learn more about the laws pertaining to divorce laws in Virginia or Maryland, please click on the state.

The following are some of the Massachusetts divorce laws.

General provisions

• Irretrievable breakdown of marriage; commencement of action; complaint accompanied by statement and dissolution agreement; procedure
• Irretrievable breakdown of marriage; commencement of action; waiting period; unaccompanied complaint; procedure
• Confinement for crime
• Absence; presumption of death

UNCONTESTED DIVORCE

M.G.L.A. 208§ 1- General provisions (top)

A divorce from the bond of matrimony may be adjudged for adultery, impotency, utter desertion continued for one year next prior to the filing of the complaint, gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs, cruel and abusive treatment, or, if a spouse being of sufficient ability, grossly or wantonly and cruelly refuses or neglects to provide suitable support and maintenance for the other spouse, or for an irretrievable breakdown of the marriage as provided in sections one A and B; provided, however, that a divorce shall be adjudged although both parties have cause, and no defense upon recrimination shall be entertained by the court.

M.G.L.A. 208§1A- Irretrievable breakdown of marriage; commencement of action; complaint accompanied by statement and dissolution agreement; procedure (top)

An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced with the filing of: (a) a petition signed by both joint petitioners or their attorneys; (b) a sworn affidavit that is either jointly or separately executed by the petitioners that an irretrievable breakdown of the marriage exists; and (c) a notarized separation agreement executed by the parties except as hereinafter set forth and no summons or answer shall be required. After a hearing on a separation agreement which has been presented to the court, the court shall, within thirty days of said hearing, make a finding as to whether or not an irretrievable breakdown of the marriage exists and whether or not the agreement has made proper provisions for custody, for support and maintenance, for alimony and for the disposition of marital property, where applicable. In making its finding, the court shall apply the provisions of section thirty-four, except that the court shall make no inquiry into, nor consider any evidence of the individual marital fault of the parties. In the event the notarized separation agreement has not been filed at the time of the commencement of the action, it shall in any event be filed with the court within ninety days following the commencement of said action.

If the finding is in the affirmative, the court shall approve the agreement and enter a judgment of divorce nisi. The agreement either shall be incorporated and merged into said judgment or by agreement of the parties, it shall be incorporated and not merged, but shall survive and remain as an independent contract. In the event that the court does not approve the agreement as executed, or modified by agreement of the parties, said agreement shall become null and void and of no further effect between the parties; and the action shall be treated as dismissed, but without prejudice. Following approval of an agreement by the court but prior to the entry of judgment nisi, said agreement may be modified in accordance with the foregoing provisions at any time by agreement of the parties and with the approval of the court, or by the court upon the petition of one of the parties after a showing of a substantial change of circumstances; and the agreement, as modified, shall continue as the order of the court.

Thirty days from the time that the court has given its initial approval to a dissolution agreement of the parties which makes proper provisions for custody, support and maintenance, alimony, and for the disposition of marital property, where applicable, notwithstanding subsequent modification of said agreement, a judgment of divorce nisi shall be entered without further action by the parties.
Nothing in the foregoing shall prevent the court, at any time prior to the approval of the agreement by the court, from making temporary orders for custody, support and maintenance, or such other temporary orders as it deems appropriate, including referral of the parties and the children, if any, for marriage or family counseling.

Prior to the entry of judgment under this section, the petition may be withdrawn by mutual agreement of the parties.
An action commenced under this section shall be placed by the register of probate for the county in which the action is so commenced on a hearing list separate from that for all other actions for divorce brought under this chapter, and shall be given a speedy hearing on the dissolution agreement insofar as that is consistent with the wishes of the parties.

M.G.L.A. 208§1B- Irretrievable breakdown of marriage; commencement of action; waiting period; unaccompanied complaint; procedure (top)

An action for divorce on the ground of an irretrievable breakdown of the marriage may be commenced by the filing of the complaint unaccompanied by the signed statement and dissolution agreement of the parties required in section one A.
No earlier than six months after the filing of the complaint, there shall be a hearing and the court may enter a judgment of divorce nisi if the court finds that there has existed, for the period following the filing of the complaint and up to the date of the hearing, a continuing irretrievable breakdown of the marriage.

Notwithstanding the foregoing, at the election of the court hereunder, the aforesaid six month period may be waived to allow the consolidation for the purposes of hearing a complaint commenced under this section with a complaint for divorce commenced by the opposing party under section one.

The filing of a complaint for divorce under this section shall not affect the ability of the defendant to obtain a hearing on a complaint for divorce filed under section one, even if the aforesaid six month period has not yet expired.

Said six month period shall be determined from the filing of a complaint for divorce. In the event that a complaint for divorce is commenced in accordance with the provisions of section one A or is for a cause set forth under section one, and said complaint is later amended to set forth the ground established in this section, the six month period herein set forth shall be computed from the date of the filing of said complaint.

As part of the entry of the judgment of divorce nisi, appropriate orders shall be made by the court with respect to custody, support and maintenance of children, and, in accordance with the provisions of section thirty-four, for alimony and for the disposition of marital property.

Nothing in the foregoing shall prevent the court, at any time prior to judgment, from making temporary orders for custody, support and maintenance or such other temporary orders as it deems appropriate, including referral of the parties and the children, if any, for marriage or family counseling.

Prior to the entry of judgment under this section, in the event that the parties file the statement and dissolution agreement as required under section one A hereinabove, then said action for divorce shall proceed under said section one A.

M.G.L.A. 208 § 2- Confinement for crime (top)

A divorce may also be adjudged if either party has been sentenced to confinement for life or for five years or more in a federal penal institution or in a penal or reformatory institution in this or any other state; and, after a divorce for such cause, no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights.

M.G.L.A. 208 § 3- Absence; presumption of death (top)

A divorce may be adjudged for any of the causes allowed by sections one, one B, or two although the defendant has been continuously absent for such time and under such circumstances as would raise a presumption of death.

Our divorce attorneys and staff in Boston, Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

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MARYLAND DIVORCE ACTIONS

A PRIMER ON MARYLAND DIVORCE LAWS

Maryland Divorce Primer by a Maryland Divorce Lawyer

ABSOLUTE DIVORCE

There are two types of Maryland divorces. Pursuant to Maryland Code, Family Law, § 7-103, an “Absolute Divorce” is the term used in Maryland for a divorce in Maryland that is based on fault grounds or on the basis of living separate and apart for the statutory time period. Generally, the first step in Maryland for an Absolute divorce is for one of the parties to leave the marital residence and then file for divorce in Maryland. When a person files for a Absolute divorce in Maryland they will have to decide whether they are going to file for a fault based divorce or not. Usually, a person who files for a Maryland divorce based on fault grounds will file based on one or all of the following factors:

• adultery, sodomy or buggery
• actual or constructive desertion
• cruelty

However, just because a person files for a divorce in Maryland based on any of the above does not mean that they will get a fault based divorce in Maryland.

LIMITED DIVORCE

When one party leaves the marital residence and files for a Maryland divorce, they will usually file for “Limited Divorce” pursuant to Maryland Code, Family Law, § 7-102.  A Maryland Limited divorce is also called a divorce from bed and board by the Maryland divorce courts. The only basis for this type of divorce in Maryland is cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment. If a party in Maryland files for this type of a Maryland divorce, they will usually seek relief pending litigation. When filing for relief pending litigation or defending against the same, it is very important to retain a Maryland divorce lawyer who is extremely knowledgeable and skilled at handling Maryland divorces.

If you seeking a divorce in Maryland or have been served with papers for a Maryland divorce, do not take it lightly. A person facing a divorce in Maryland can loose a lot, including their property, custody of their child or children and other marital rights if they take a Maryland divorce action lightly. Therefore, it is critical to act quickly if you are contemplating a Maryland divorce action or defending against a divorce in Maryland.

Our offices in Maryland are in Montgomery County and Baltimore County.

Our retainers (fees or costs to hire a Maryland divorce lawyer) for a contested divorce action in Maryland is usually a minimum of $2500.

Contact us if you need our help and our Maryland divorce lawyers will talk with you and discuss what steps we need to take to help you with a divorce in Maryland. You can call us for help at 888-437-7747 or contact us on line.

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MASSACHUSETTS, MARYLAND & VIRGINIA CHILD ABUSE & NEGLECT ATTORNEYS

Our Massachusetts, Maryland & Virginia family law & divorce lawyers who assist clients and children with neglect & child abuse cases have offices in Virginia, Maryland & Massachusetts. If you want to see the exact location of each office, please click on the different locations:

• In Virginia, our offices in Northern Virginia are in Fairfax & Manassas; in the Richmond Metro area, our office is in Fredericksburg & Richmond; in the Hampton Roads/Tidewater Area, our office is in Virginia Beach; in the western part of Virginia, our office is located in Lynchburg.
• In Maryland, our offices are in Rockville & Baltimore.
• In Massachusetts, our office is in Boston.

Our Massachusetts, Maryland & Virginia family law and divorce lawyers have an extensive amount of experience with representing clients who are seeking assistance regarding their child being abused or defending an allegation of child abuse in Virginia, Maryland & Massachusetts. Our divorce attorneys who represent clients and children with child abuse & neglect cases are careful to consider all of your family law concerns and provide thoughtful, prudent guidance through all of your family law & divorce law issues. If you wish to consult a SRIS, P.C. Massachusetts, Maryland or Virginia child abuse & neglect attorney or family law lawyer to either assist regarding a possible child abuse case or defend against an allegation of child abuse, please send us an e-mail, call our office, or contact us on line.

The Massachusetts, Maryland & Virginia child abuse and neglect law attorneys of SRIS, P.C., provide assistance to abused and neglected children in need of legal protection and to parents who have been accused of child abuse or neglect. An allegation of child abuse or neglect of a child in Virginia, Maryland & Massachusetts may include one or more of the following behaviors by a parent or other person responsible for the care of the child:

• Infliction of mental or physical injury on a child or threatening to do so;
• Putting a child at risk of death or harm;
• Neglecting a child’s health or not providing the care necessary for a child’s health;
• Abandoning a child;
• Sexually exploiting a child or permitting that to happen; or
• The unreasonable absence or the mental or physical incapacity of the child’s parent, guardian, legal custodian or other person standing in place of the parent, causing the child to be without parental care or guardianship.

We also assist parents accused of neglect & child abuse in Virginia, Maryland or Massachusetts, with cases where the state has alleged that they have children in need of services or in need of supervision.

Children In Need Of Services – A child in need of services is a juvenile whose behavior, conduct or condition presents or results in a serious threat to the juvenile’s well-being and safety.

Children In Need Of Supervision – A child in need of supervision is a juvenile who is either (1) habitually, without justification absent from school or (2) runs away from home.

Contact a SRIS, P.C. child abuse & neglect attorney for help in Virginia, Maryland or Massachusetts.

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VIRGINIA DIVORCE QUESTIONS ANSWERED

BY VIRGINIA DIVORCE LAWYERS

Virginia divorce attorneys of SRIS, P.C. have a combined experience of over 50 years of handling divorces in Virginia. Our Virginia divorce lawyers have litigated cases in both the Virginia Circuit Courts and Juvenile and Domestic Relations District Courts which hear family law matters. Our Virginia divorce lawyers have six offices in Virginia to better serve you. We have offices in Northern Virginia, Central Virginia, Hampton Roads/Tidewater Area & Western Virginia.

• In Virginia, our offices in Northern Virginia are in Fairfax & Manassas;
• In the Richmond Metro area, our office is in Fredericksburg & Richmond;
• In the Hampton Roads/Tidewater Area, our office is in Virginia Beach;
• In the Western part of Virginia, our office is located in Lynchburg.

If you wish to consult a SRIS, P.C. Virginia divorce attorney, please simply contact us via e-mail, phone, or by filling out or on-line form. A Virginia divorce lawyer of SRIS, P.C. will gladly consult with you regarding your Virginia divorce.

Virginia Code § 20-95. Grounds for divorces from bed and board in Virginia

A Virginia divorce from bed and board may be decreed for cruelty, reasonable apprehension of bodily hurt, willful desertion or abandonment.

Virginia Code § 20-91. Grounds for divorce from bond of matrimony in Virginia; contents of decree

A. A divorce from the bond of matrimony in Virginia may be decreed:
(1) For adultery; or for sodomy or buggery committed outside the marriage;
(2) Repealed.
(3) Where either of the parties subsequent to the marriage has been convicted of a felony, sentenced to confinement for more than one year and confined for such felony subsequent to such conviction, and cohabitation has not been resumed after knowledge of such confinement (in which case no pardon granted to the party so sentenced shall restore such party to his or her conjugal rights);
(4), (5) Repealed.
(6) Where either party has been guilty of cruelty, caused reasonable apprehension of bodily hurt, or willfully deserted or abandoned the other, such divorce may be decreed to the innocent party after a period of one year from the date of such act; or
(7), (8) Repealed.
(9)(a) On the application of either party if and when the husband and wife have lived separate and apart without any cohabitation and without interruption for one year. In any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, a divorce may be decreed on application if and when the husband and wife have lived separately and apart without cohabitation and without interruption for six months. A plea of res adjudicata or of recrimination with respect to any other provision of this section shall not be a bar to either party obtaining a divorce on this ground; nor shall it be a bar that either party has been adjudged insane, either before or after such separation has commenced, but at the expiration of one year or six months, whichever is applicable, from the commencement of such separation, the grounds for divorce shall be deemed to be complete, and the committee of the insane defendant, if there be one, shall be made a party to the cause, or if there be no committee, then the court shall appoint a guardian ad liter to represent the insane defendant.
(b) This subdivision (9) shall apply whether the separation commenced prior to its enactment or shall commence thereafter. Where otherwise valid, any decree of divorce herein before entered by any court having equity jurisdiction pursuant to this subdivision (9), not appealed to the Supreme Court of Virginia, is hereby declared valid according to the terms of said decree notwithstanding the insanity of a party thereto.
(c) A decree of divorce granted pursuant to this subdivision (9) shall in no way lessen any obligation any party may otherwise have to support the spouse unless such party shall prove that there exists in the favor of such party some other ground of divorce under this section or§ 20-95.
B. A decree of divorce shall include each party’s social security number, or other control number issued by the Department of Motor Vehicles pursuant to§ 46.2-342.

Virginia Code § 20-117. Divorce from bond of matrimony after divorce from bed and board

The granting of a Virginia divorce from bed and board shall not be a bar to either party obtaining a divorce from the bonds of matrimony on any ground which would justify a divorce from the bonds of matrimony if no divorce from bed and board had been granted, unless the cause for absolute divorce was existing and known to the party applying for the divorce from the bonds of matrimony before the decree of divorce from bed and board was entered.

Virginia Code § 20-121. Merger of decree for divorce from bed and board with decree for divorce from bond of matrimony

In any case where a Virginia decree of divorce from bed and board has been granted, and the court shall determine that one year has elapsed since the event which gave rise to such divorce or, in any case where the parties have entered into a separation agreement and there are no minor children either born of the parties, born of either party and adopted by the other or adopted by both parties, that six months has elapsed since such event, and the parties have been separated without interruption since such divorce was granted and no reconciliation is probable, it may merge such decree into a decree for divorce from the bond of matrimony upon application of either party. The injured party need not give the guilty party notice of his application to the court if such application is limited to such merger nor of the taking of depositions in support thereof, but shall give due notice if he raises new matters. If the guilty party initiates proceedings for such merger he shall give the other party ten days’ notice thereof. No final decree for divorce entered in such a case shall terminate or otherwise affect any restraining order, or order for the payment of costs, counsel fees, support and maintenance for a spouse or child or children except as specifically provided in such decree. The provisions of this section shall apply to the divorces from bed and board, which have been heretofore granted.

Virginia Code § 20-121.02. Virginia Decree of divorce without amended bill or amended cross-bill

In any Virginia divorce suit wherein a bill of complaint or cross-bill prays for a divorce from the bonds of matrimony under § 20-91 or prays for a divorce from bed and board under § 20-95, at such time as there exists in either party’s favor grounds for a divorce from the bonds of matrimony under § 20- 91 (9), either party may move the court wherein such divorce suit is pending for a divorce from the bonds of matrimony on the grounds set out in § 20-91 (9) without amending the bill of complaint or cross-bill.

Virginia Code § 20-121.2. Validation of absolute divorce granted where no decree from bed and board

Any absolute divorce granted in this Commonwealth of Virginia under circumstances in which the bill of complaint prayed for a divorce from bed and board with leave to merger the same into an absolute divorce at the end of the statutory period and in which the decree of absolute divorce was entered with no decree from bed and board because the statutory period elapsed prior to the entry of said decree, is hereby validated, provided such divorce proceeding was otherwise conducted according to law.

Virginia Code § 20-121.01. Decree of divorce from bonds of matrimony without decree from bed and board

In any case where willful desertion or cruelty is the ground for divorce in Virginia and the bill of complaint prays for a divorce from bed and board the court may enter a decree of divorce from the bonds of matrimony without the entry of a decree from bed and board if the statutory period, as set out in § 20-121, has elapsed prior to the entry of said decree and if the court shall be of the opinion that no reconciliation has taken place, or is probable.

Our clients frequently ask us questions about divorce in Virginia. The following are some of the issues asked about:

Getting Divorced in Virginia – The Commonwealth of Virginia Divorce Laws

Are There Different Types of Divorce in Virginia?

Yes – there are two types of divorces in Virginia. The first is called “a mensa et thoro” (divorce from the bed and board). This is what’s known as a “qualified” divorce, meaning the parties are legally separated – but during the term of this qualified divorce they may not remarry.

The second type of divorce in Virginia is called “a vinculo matrimonii” (divorce from the bonds of marriage). This type of divorce is the most common and is “absolute” – meaning once granted – the marriage is permanently ended. The former partners are free to marry again if they so choose. Everything following is based on this absolute divorce.

There are as many reasons for people seeking a divorce in Virginia as there were for getting married in the first place. We won’t get into the personal aspects of divorce, except to say that old adage “Marry in haste, repent in leisure” is as true today as it was when first penned.

“At Fault Divorces” – What’s Required?

In Virginia, there are many grounds for granting a “for fault” divorce. Some of these grounds include: Willful desertion or abandonment, cruelty, adultery (and other sexually related acts), or conviction of a felony. However, the spouse being sued for divorce in Virginia can raise “defenses” to these grounds, in order to alter, refute or mitigate the “for fault” charges.

Does Virginia Have “No Fault” Divorce?

Yes, The Commonwealth of Virginia permits “no fault” divorce. But certain requirements must be met in order to receive such a divorce. The divorcing couple must demonstrate they’ve lived apart – both continuously and intentionally – for a period of at least one year.

There is an exception to this Virginia No fault Divorce Law. If no minor children are involved, and the parties have entered into a property settlement agreement, the time of separation required is reduced to six months before a no-fault divorce can be granted.
Property Distribution Of Divorcing Parties in Virginia

One of the most complex areas of Virginia divorce law relates to the distribution of property. The method of distribution used in Virginia is called “equitable distribution.”

In Virginia, equitable distribution usually is determined at the conclusion of the divorce proceedings. This distribution determines the relative rights and interests of the divorcing parties in property acquired before, during or even in some cases after the marriage. Virginia sorts the property under three classifications to determine who gets what.

How Property is Sorted Under Virginia Divorce Law

In Virginia, there’s “Marital Property” “Hybrid Property” and “Separate Property.”

Determining the parties property rights is a complex and many times difficult and painful task. It’s also one major area fraught with ill-will and animosity. Skilled and aggressive legal representation is essential in achieving an equitable, fair and desired outcome. Many times one spouse is so distraught, they literally are not thinking straight. Competent representation insures all options are thoroughly investigated – without one party being taken advantage of over the other.

(Just listen to the many country and western songs about this very topic. I’m sure you remember one of the most famous: “She got the mine and I got the shaft.” That’s one good reason why having a skilled divorce attorney is so vitally important!)

Alimony in Virginia: How Is Spousal Support Determined?

Another complex area of Virginia divorce law requiring thorough and careful legal representation is spousal support – or more commonly known as alimony. In Virginia, spousal support may be awarded to assist a financially dependent party depending upon circumstances.

Such awards vary greatly, and are based on a host of factors. Age, duration of the marriage, earning potential, assets, and marital history all play a part in the support settlement. Unlike in former days, it’s now common for spousal support in Virginia to be awarded to either the woman or the man.

It’s imperative to get a fair judgment right at the beginning, because changing the support schedule later on down the road after the divorce is finalized is a costly and difficult affair.

Child Custody in Virginia – “The Best Interests Standard”

Along with property distribution, the custody of minor children is often the most contentious and heart wrenching in divorce and other family law matters.

In Virginia, the Court is guided by the “best interests of the child” legal standard in determining who gets custody. The legal elements and factual factors are oftentimes complex and lengthy. Custody may be awarded “jointly” or “solely.” In the absence of an agreement, the court will also decide visitation rights.

Here’s the text from the appropriate Virginia Statutes: Paragraph 20-124.2. Court-ordered custody and visitation arrangements.

“The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there shall be no presumption or inference of law in favor of either. The court shall give due regard to the primacy of the parent-child relationship but may upon a showing by clear and convincing evidence that the best interest of the child would be served thereby award custody or visitation to any other person with a legitimate interest. The court may award joint custody or sole custody.”

In joint legal custody, both parents share the access to educational, health, and other records. Both also have equal footing in making decisions where the welfare of the child is concerned. There is also joint physical custody – which can be somewhat different.

An experienced Virginia divorce attorney will be able to spell out each type of custody and what that means for both the parents and the children.

Calculating Child Support

In Virginia, child support obligations are largely determined by the needs of a child, the ability of a parent to pay, and Virginia’s statutory support guidelines. Again this a complex area – and one where the help of a lawyer is in everyone’s best interests.

Property Settlement Agreements in Virginia Divorce Cases

A Property Settlement Agreement (PSA) is a legal contract between the divorcing parties. The PSA is a mutual, contractual settlement of issues relating to the divorce and can be enforced by the court. Of course, skillful legal representation is essential to successfully negotiating a PSA that protects a party’s rights.
The First Step To Take When Facing The Prospect Of A Divorce Or Other Family Law Issue

We’ll be quite frank: The complexity and high stakes nature of divorce and other family law matters in Virginia require skilled and experienced legal representation. If you are contemplating divorce, or have already been served with divorce papers, an initial consultation is the absolute minimum step you should take. Then you’ll know what your rights are, and more importantly – how to protect them.

We understand that divorce is a trying, difficult and painful time. But believe us when we say: It’ll be even more difficult after the divorce is over and you’re left with not only the heartbreaks – but the short end of the financial and custody stick as well.

The following are some of the different holdings by the appellate courts of Virginia regarding divorce in Virginia. Clients should be aware of these holdings so that they may be better informed about some of the legal ramifications about obtaining a divorce in Virginia.

• The Virginia Courts have long held that divorces granted in another state should be recognized as a valid divorce under the full faith and credit clause of Federal Constitution. An example of this can be found in the case of Humphreys v. Humphreys, 139 Va. 146, 123 S.E. 554, Va. 1924., June 12, 1924. The Humphreys Court held the following: Validity of foreign divorce should not be denied by courts except where to recognize such divorce would be violation of morals or public policy of state.
• Virginia requires the party alleging adultery by the other spouse to prove it by clear and convincing evidence. In Haskins v. Haskins, 188 Va. 525, 50 S.E.2d 437, Va. 1948, November 22, 1948, the Court held that a charge of adultery as ground for divorce is not required to be proved beyond a reasonable doubt as in a criminal proceeding, but evidence must be at least clear and positive and convincing.
• If a husband and wife contract via property settlement agreement as to the support and maintenance, then the court will uphold the contract provided the contract was via a bona fide property settlement agreement. In Gloth v. Gloth, 154 Va. 511, 153 S.E. 879, Va. 1930, June 12, 1930, the Court held that in divorce suits, court had power to approve and confirm contract of parties as to property settlements and support and maintenance.
• A no fault divorce also known as a divorce based on irreconcilable differences does not prevent one party from seeking spousal support from the other party while the suit is pending. The Supreme Court of Virginia held in Mason v. Mason, 209 Va. 528, 165 S.E.2d 392, Va. 1969, January 20, 1969 that the fact that husband was granted divorce under ‘non-fault’ statutory provision entitling either spouse to divorce when they have lived separate and apart for two years did not preclude award of alimony to wife.

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MASSACHUSETTS, MARYLAND & VIRGINIA DIVORCE LAWYERS

HELPING MASSACHUSETTS, MARYLAND & VIRGINIA DIVORCE CLIENTS

888-437-7747

Massachusetts, Maryland & Virginia Divorce Information

This Site Provides a general oversight into Massachusetts, Maryland & Virginia Divorce Issues:

• Divorce is a dissolution of marriage; the ending of a marriage before the death of either spouse. For a basic overview of contested divorce law and principles in Virginia, Maryland & Massachusetts, click here
• Absolute Divorce in Virginia, Maryland & Massachusetts (a.k.a “divorce a vinculo matrimonii”) is the termination of a marriage based on misconduct during the marriage or other statutory factors arising during the marriage.
• Limited Divorce (a.k.a “divorce a mensa et thoro”) is commonly referred to as a divorce from bed and board; the right of cohabitation is terminated but the marriage is undissolved and the status of the parties is not altered.
• Uncontested Divorce:  Frequently, many clients believe that since both parties agree that they want a divorce, the divorce is uncontested. This perception is not entirely accurate. Learn more…
• Virginia Child Custody Laws Lawyers Maryland Massachusetts Custody Attorneys Fairfax Henrico” href=”http://srislawyer.com/attorneys/virginia-child-custody-laws-lawyers-maryland-massachusetts-custody-attorneys-fairfax-henrico-3/” target=”_self”>Child Custody: The standard for child custody in Virginia, Maryland & Massachusetts is “best interest of the child” regardless of whether a child custody dispute takes place during a divorce or after a divorce. If you wish to learn more about the laws regarding child custody in Virginia, Maryland & Massachusetts, Virginia Child Custody Laws Lawyers Maryland Massachusetts Custody Attorneys Fairfax Henrico” href=”http://srislawyer.com/attorneys/virginia-child-custody-laws-lawyers-maryland-massachusetts-custody-attorneys-fairfax-henrico-3/” target=”_self”>click here
• Adoption: To learn more about adoption in Virginia, Maryland & Massachusetts, and also to view some of the applicable laws, click here.

The Massachusetts, Maryland & Virginia divorce lawyers of SRIS, P.C. have a combined experience of over 50 years of handling divorces in Virginia, Maryland & Massachusetts. Our  divorce lawyers have litigated divorce cases all throughout Virginia, Maryland & Massachusetts.

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