In Maryland, divorce petitioners must define the grounds for their divorce. The most commonly-used grounds are an irretrievable breakdown. These grounds are considered no-fault grounds and don’t assign blame to either party. However, in some divorce cases, it is necessary to identify a fault. A lawyer in Southern Maryland helps the petitioner secure the evidence needed to support their claim.
Reviewing the Requirements for Adultery
When adultery is identified in a divorce case, it is necessary for the petitioner to acquire evidence. The easiest method is to acquire a sworn statement from their spouse identifying their fault in the breakdown of the marriage. However, this opportunity isn’t available to all petitioners. To secure evidence of adultery, the spouse may need further assistance through a private investigator. An attorney can help them to acquire these services and determine what is admissible in court.
What is Cruel and Inhumane Treatment?
Cruel and inhumane treatment is often classified under domestic violence laws. However, excessive abuse may lead to additional penalties through the criminal court. The petitioner may need records of reports filed against their spouse to support this claim. They will also need physical evidence of abuse. Law enforcement officers can add the attorney in acquiring this evidence.
The medical records for the petitioner are also required to identify the exact injuries sustained during an attack. This may include the findings of a rape kit as well as treatment for broken bones and internal injuries.
Hospitalization for Mental Illnesses
To use mental illness as a divorce ground, the petitioner’s spouse must be admitted to an institution for at least three years. The mental disorder must be severe, and it must indicate no possibility of recovery. Psychiatric records are needed for these claims. If the illness caused domestic violence, the petitioner needs to acquire these records as well.
In Maryland, a divorce petitioner must acquire evidence for all fault-based divorce grounds. These grounds indicate that the defendant was at fault for the dissolution of the marriage. Any petitioner who needs help with these concepts should contact the Law Office Of Danny R. Seidman to hire a lawyer in Southern Maryland today.