When dissolving a marriage, there are many matters that must be addressed. In the uncontested divorce, parties mutually consent to end their marriage and are able to reach a signed agreement on all issues relevant to their case such as custody, child support, property division, and alimony.
However, many cases involve some amount of dispute or negotiation. Particularly in contested proceedings, the help of an experienced divorce lawyer could be crucial in navigating potential issues in a Rockville divorce. Our legal team could offer further advice on the following problems that may arise in a marriage dissolution case.
Where do I File for Divorce in Rockville?
Rockville residents should go to the Montgomery County Circuit Court to file an initial divorce complaint. Our office is right around the corner from the courthouse, and our well-practiced attorneys file divorces on behalf of those clients seeking marriage dissolution.
There are several matters that a filing spouse must prove when petitioning for a divorce. They must first establish that they are married to the person they are looking to divorce and that one or both of the parties lives in the county. Additionally, the filing party must have the grounds for divorce, which a knowledgeable legal advisor could further explain. Potential grounds in Rockville include:
- One-year separation
- Constructive abandonment
- Cruelty (which entails abuse)
One potential issue to consider when pursuing divorce in Rockville is that the filing party must prove that they have lived in the county for at least six months. A seasoned lawyer could help establish the necessary facts for a divorce petition, file the initial complaint, and serve the papers to the other spouse.
What if the Spouse Cannot be Located?
If the spouse cannot be located, there are several legal options. A dedicated lawyer could file a motion for alternative service, which lists all the ways that the party attempted to have the spouse served. These could include:
- Going to their last known address
- Contacting family members
- Searching social media
- Calling their phone number
- Visiting their workplace
The court will then review these efforts and determine whether to grant the motion. If so, the filing party will be required to post a notification in the paper and/or at local courthouse about their attempts to serve their spouse. There are different requirements for different states and counties, so Rockville residents should consult an attorney well-versed in the regulations in their county.
If a person receives no response after 30 days, their legal counsel may assist in filing for a motion for default. They will then attend a default hearing, and if the other party does not show up, the filing spouse may receive whatever they have asked for in the initial divorce complaint.
Potential Matters in Divorce Cases Involving Children
In Rockville divorce cases involving parents, there are several additional issues that must be addressed. Sometimes, a situation may necessitate help from a third party, such as a best interest attorney or parenting coordinator.
Best Interest Attorneys
When two parents are divorcing, the role of a best interest attorney is to find out details of the child’s life that will inform the attorney about the childrens’ best interests. The best interest attorney may gather information from the child’s school, doctors, coaches, or any other person in their life. The attorney will then form an opinion on the child’s best interests and testify before the court.
A parenting coordinator is assigned by the courts to look into a divorce case. This person will try to coordinate with each parent to arrive at a conclusion on what they believe is in the best interests of their children. There are often unique issues to address in cases involving a parenting coordinator or best interest attorney, so divorcing parents are advised to seek their own legal counsel to further explain these proceedings.
Consult a Rockville Attorney on Potential Issues in a Divorce
There are many interpersonal problems that could arise in a marital dissolution, as well as legal nuances that need to be taken into account. If you wish to avoid potential issues in a Rockville divorce, it is important that you seek help from an experienced attorney with knowledge of the local laws.
Dedicated legal support could be key in achieving a successful resolution to your case and avoid the common pitfalls of divorce proceedings. Call our firm today to learn more about how we could help in your situation.