4 Situations Where You’ll Need the Assistance of a Family Lawyer
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In Maryland, family law encompasses a wide assortment of cases that could emerge at any time and involve families. The laws also protect victims of domestic violence and provide protection orders to prevent further contact with the victims. Families and couples who aren’t sure what laws apply to their cases review the 4 situations where you’ll need the assistance of a family lawyer.
- Filing for a Divorce
Couples who are ready to end their marriage review divorce laws with an attorney. In Maryland, fault-based and no-fault divorce grounds are available. Among the grounds are adultery, desertion, cruelty or harsh treatment, criminal conviction, and insanity. Petitioners must prove evidence to substantiate all fault-based allegations when filing for a divorce.
In a divorce case, the couple must reach an agreement for the division of marital property, child custody, child support, and spousal support. Couples who cannot reach an agreement participate in mediation practices and negotiate for a fair and reasonable settlement. If mediation isn’t successful, a divorce trial is scheduled. In a divorce trial, a judge makes all decisions for the couple. In some cases, a divorce trial can take up to two years.
- Seeking a Change in Child Custody
Child custody modifications are possible if both parties are willing to make adjustments to their parenting time. However, uncooperative parents might attend a new child custody hearing to settle the matter. Typically, modifications are requested when a noncustodial parent has more time to spend with the child and wants to increase their parenting time. The requests are also made when the noncustodial parent wants to become the custodial parent. It isn’t impossible to get a modification, but the court must see a just cause for the change. For parents who need additional details, shellyingramlaw.com has information about filing a petition for a child custody modification.
- Establishing a Guardianship for a Minor or Incapacitated Adult
Guardianships give the new guardian full control over the individual in question. The guardian controls the minor or incapacitated adult’s financial assets and makes decisions about their health care. In cases involving minors, a guardianship is provided when the minor is unable to take care of themselves and needs financial support. The assignments are available if the minor is at risk and lives with a biological parent, too. Under the circumstances, the petitioner must follow the proper channels for reporting abuse or neglect of the child.
Guardianships for an incapacitated adult are awarded to a family member when the individual is no longer of sound mind and needs protection. Under the circumstances, family members or a caregiver could seek a guardianship.
- Setting Up a Prenuptial Agreement
Couples start a prenuptial agreement to protect assets before they marry. The agreements define the repercussions of specific actions, such as adultery and explain what each party receives in a divorce. Individuals with considerable wealth choose to start the agreements to lower the chances of a serious financial loss. The terms of the agreements are enforced if the couple files for a divorce.
In Maryland, family attorneys handle divorce cases and help petitioners create a divorce agreement. The agreements include the division of marital property, child custody arrangements, child support, and alimony. Child custody modifications and new guardianships are available if a child is at risk. Guardianships for incapacitated adults are used to protect disabled and elderly individuals from unethical caregivers. A prenuptial agreement provides protection for assets before a couple marries. Families turn to a family law attorney when taking legal action under applicable laws.