Absolutely NOT. The vast majority of divorces that are granted on the ground of a voluntary separation do not have written separation agreements. Obviously, a separation agreement is preferable, especially if you have children, but not required.

You and your spouse must agree that you want to live separate and apart with the intention or goal of ending the marriage and getting a divorce. For example, some people want to separate because they "need space" or "just want time apart" from their spouse. In addition to a physical separation that is mutual, there must be a goal of ending the marriage, NOT saving the marriage.

In Maryland, it's one year (in the District of Columbia, it's six months). However, you can file your case ahead of time so that when the one year of separation is up, you can get your divorce hearing more quickly.

Yes and no. You can't stop your spouse from filing for divorce, but, a party seeking a divorce must prove that they are eligible to receive one, i.e. provable adultery, provable cruelty, a separation that has been continuous for one year, however, if a party seeking a divorce can prove that a separation has been continuous and uninterrupted for two years, then after two years of separation, the divorce will be inevitable.

Absolutely NOT. After making reasonable efforts to ascertain the whereabouts of your spouse, the Court will allow you to publish in the newspaper or post at the Courthouse, in order to provide the notice that is required.

Not necessarily. Joint custody just means that the parents get along and will agree to consult each other regarding matters affecting the children's health, education, medical needs, religious training, and their general welfare.

The simple answer is no. The typical ground for an annulment is that there was some provable fraud that induced you to marry your spouse. The best example is "I married my wife because she told me she was carrying my child and later on I found out that the child was somebody else's." Or, "as soon as my spouse got his 'green card/permanent residency,' his overseas girl/boyfriend arrived in the United States."

One hundred twenty-eight overnights a year or approximately twelve nights per month.

The most important criteria are:

• Experience/competence - how long has the lawyer been in practice? What is their reputation? What organizations are they members of?
• Affordability - how much does your lawyer charge per hour, are there payment plans or set fees available? Does he answer your questions? Is he or she available when you need them? Is there adequate staff? Does he come well-recommended? You should interview your lawyer either on the phone or in person; however, some lawyers charge for initial consultations. Make sure you ask before you make an appointment.
• Accessibility - Many clients complain that they can never reach their lawyer when they need to. Their lawyer doesn't return phone calls; they're always "in Court" or "in a meeting." A client needs to feel that their lawyer is reasonably available to attend to their needs or questions.
• The Comfort Factor - This is the most important, yet, least definable consideration. Do you feel you and your lawyer have good communication? That there is an understanding of your needs and goals and there is thorough discussion of the probability of obtaining those goals and the cost? In other words, is the relationship synergistic? Do you feel that they sincerely have your interests at heart? That you're on "the same page?"

Yes, under two scenarios:

1) you can prove (as opposed to suspect) that your spouse is committing adultery, or,

2) there has been extreme cruelty - verbal insults would probably not be enough to sustain an allegation of cruelty, but physical violence can and has been sufficient. In any event, this office has always had a free phone consultation and I will attempt to answer any that you want answers to.