Yes, depending on the facts leading to a divorce, there can be potential advantages to seeking a fault-based divorce here in Waldorf, Maryland. These are:

• No separation period waiting time and/or no need for agreement between the spouses
• Having the divorce court assign blame for the divorce
• Potentially receiving a larger portion of marital property because one spouse is at-fault
• Potentially receiving more alimony because one spouse at-fault
• Potentially having an advantage with respect to child custody issues
• Adding expense and time to the divorce proceedings
• Potentially making the divorce proceedings more painful and emotionally charged

Of course, there must be some actual evidence of the for-fault grounds for a Maryland divorce. You cannot just claim that the other spouse has, for example, committed adultery. You must be able to prove the charges. Top-tier Maryland divorce attorneys at the Law Office of Robert Castro offer some thoughts on the advantages of seeking an at-fault divorce. If you have questions, call us at (301) 870-1200.

Eliminating the Required Separation Period

Generally speaking, if a divorce is based on fault, the divorce can be filed immediately and without the agreement of the other spouse. This can be one advantage of filing a Maryland for-fault divorce. The at-fault grounds for in Maryland are:

• Adultery
• Desertion
• Criminal conviction — sentence must be for longer than three years and 12 months must pass before the divorce proceeding can be filed
• Permanent and incurable insanity
• Cruelty and vicious conduct

In Maryland, there are two no-fault grounds for divorce. One is called “separation” and it requires that the spouses live separate and apart — without sexual relations — for one year before the divorce can be filed. The other no-fault divorce is called Divorce by Mutual Consent and, for this type of divorce, there is no required separation period. But, Divorce by Mutual Consent CANNOT be filed unless there is complete agreement between the spouses on all divorce issues including alimony and child custody.

Having the Maryland Divorce Court Assign Blame for the Divorce

For some divorcing spouses, it is important for many reasons that blame be assigned. Further, it can be important that a worthy and notable third party — like a Maryland divorce court judge — assign or confirm that the other spouse is to blame for the divorce. Under these circumstances, there is an advantage to filing for a Maryland at-fault divorce.

Advantages With Respect to Property Division, Alimony and Child Custody

In Maryland, divorce courts CAN — and do — evaluate which spouse is the blame as a factor in considering property division, alimony, and child custody. This is particularly true if the grounds are cruelty and vicious conduct or adultery. For obvious reasons, if proven, cruelty and vicious conduct will have a large impact on the judge’s decision with respect to child custody. Adultery can have a significant impact on the property settlement if it is shown that the adulterous spouse used marital assets to engage in the extramarital affair or for gifts to the other romantic partner.

Adding Cost and Time to the Proceedings and Punishing the Other Spouse

A for-fault divorce is generally much more expensive and takes much more time than a no-fault divorce. Although this is not recommended, sometimes, spouses actually want to have a divorce that is expensive and time-consuming as a way of punishing the other spouse. This can be seen as an advantage of filing a for-fault divorce and is perfectly legal as long as there is actual evidence to support the for-fault grounds for divorce.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.