As defined by state law, a divorce means the final end of a marriage, and both parties are free to marry other people. The only way to accomplish this is through an absolute divorce. A skilled and well-versed attorney from our firm could help you identify and understand what to know about divorce in Montgomery County before entering litigation with your spouse.
It is important for anyone considering a marriage dissolution to know that they must cite a valid legal ground in order to file for divorce. For example, just because two parties are unhappy and living separately within their marital home does not mean they can dissolve their marriage. They would need a fault-based ground such as adultery, abandonment, or cruelty or an uncontested ground like a 12 month separation or mutual consent.
Only adultery or mutual consent would allow parties who are living together to file for divorce. If one party believes they can prove adultery, they may proceed with filing for divorce under the advice and counsel of an experienced attorney. Otherwise, for abandonment and cruelty, one party would have to move out of the home before either spouse can file for divorce, which makes it very difficult.
Divorces Involving Children
Additionally, when parents get divorced, one may believe that they have more rights to their children than the other. The truth is that both parties have equal access to their children until there is a custody order and legal determination by the court. Divorcing parents often disagree about who will pick up the child from school and which parent they will stay with on a regular basis.
The other important thing to consider is finances. Divorcing couples need to understand that if they have joint accounts, both parties have full access and can remove all the money in an account at any time. Additionally, if a dependent spouse needs financial support, they would need to immediately file and wait for a hearing in order to get a court to order the bread-winning spouse to continue paying for things like mortgage, utilities, or food. It could be very difficult to navigate the financial complications of this process, so it is important to speak to an attorney who could help them understand what to know about divorce in Montgomery County.
Get to Know More about Divorce in Montgomery County from an Attorney
People considering a divorce should contact a lawyer immediately upon contemplating the dissolution of their marriage. Ending a marriage requires parties to file certain papers, depending on what issues are contested in their case. A dedicated family law attorney could explain what to know about divorce in Montgomery County, the process, and how to best achieve your desired results.
Out legal team could also help you address child custody, marital property, alimony, and child support and prepare you for the very long process that will take place. A lot of the issues in divorce litigation involve finances and children, which are both very emotional. Contact one of our compassionate and knowledgeable lawyers today to get started.