Helping Couples Get Divorced

For spouses who do not get along, the times can be emotionally tormenting.

But a question arises whether one of the spouses can prevent a court from granting divorce.

A family lawyer has a good answer.

According to him one spouse cannot put a halt to a “no fault” divorce.

“Opposing the other spouse’s request is itself an incompatible difference that justifies divorce”.

At this juncture, let us be clear what the difference between a “fault” and “no fault” divorce is.

“No fault” divorce

“No fault” divorce is where a spouse asking for a divorce does not have to prove the other has done something wrong.

We must keep in mind that all states allow no fault divorces.

To get a divorce, it is adequate for spouses to declare they do not get along. This is applicable in most states.

But to know how each state handles no fault divorces it is best to consult an experienced lawyer firm like Rowena N Nelson.

Rowena N Nelson reviews have been positive. The lawyers in this firm have helped spouses negotiate both in and out of court by inter-relating the legal points of view for the best possible outcomes for their clients.

“Fault” divorce

In a “fault” divorce, the required grounds must be present.

Typical grounds are:

• Adultery
• Cruelty – by inflicting emotional or physical distress
• Desertion for a specified period
• Impotency – or physical inability to perform sex (which was not disclosed prior to marriage)

Not all states allow “fault” divorces. In Maryland, however, a couple can base their divorce on either no-fault or fault grounds.

Moreover, as one Maryland based attorney says, “You can base a divorce if you have been separated from your partner for at least 24 months”.

One condition, however, must be fulfilled.

At least one partner must be a resident of Maryland for 1 year before filing for divorce.

Once divorce is granted, it is valid even if the other spouse lives somewhere else.

Divorce is a difficult and upsetting procedure. But it need not be a confrontation in the court. Mediation and collaborative approaches can help divorcing couples make definitive decisions on matters such as property, support, and child custody.

But keep in mind that a lawyer can consult with you and help in the mediation process.

According to a Rowena N Nelson review, “This law firm knows the ins and outs of Maryland’s numerous statutes governing family law, and so is best positioned to help couples get divorces”. 

On Choosing The Best Bankruptcy Option

In Chapter 13 bankruptcy, you keep your property but in the process must pay back all or part of your debts over a 3-5 year period.

This differs from Chapter 7 Bankruptcy in the sense most of your debts are cancelled but you need to surrender some of your properties to a trustee to pay your lenders.

But keep in mind the following.

All are not eligible for Chapter 13. This is what a Chapter 13 Bankruptcy Lawyer in Maryland will tell you. To be eligible you must be able to use your income to repay some or part of your debt.

Yet, you may be keen to choose between Chapter 13 & Chapter 7.

In such situations, bankruptcy lawyers in Largo can help you. They will evaluate the financial condition you are in and decide which form of bankruptcy is best suited to you.

Broadly, keep in mind the following.

Chapter 7 is not for you if:

• Your present monthly salary is more than the median income for a household of your size.
• Your disposable income exceeds limits set by law.

The bankruptcy “means test” will evaluate if your income is low enough for you to qualify for Chapter 7.

According to a Chapter 13 Bankruptcy Lawyer in Maryland, “The means test is crafted to limit the use of Chapter 7 bankruptcy”.

However, it is important to remember that median income levels differ from state to state, and also vary by household size. To know where you stand, check up with the latest table provided by Census Bureau Median Family Income by Family size.

If you do not pass the Chapter 7 means test, it means the only recourse now is Chapter 13 bankruptcy.

There is a caveat though.

“You have to follow a strict budget monitored by the court”, warn bankruptcy lawyers Largo.

It is good to remember that Chapter 13 has several advantages. For example:

• When you have defaulted on your mortgage
• You have tax obligations and other loans and debts that cannot be discharged by Chapter 7
• You are keen and capable to repay your debts
• You have nonexempt property that you want to retain

You may still have apprehensions whether Chapter 13 will work for you. Speak with your bankruptcy lawyer to understand how Chapter 13 repayment plans work, and how it affects your credit. You will also get ideas on more ways to handle your debt problems.