Info Please

[poster]

Originally Posted by TwistedDiamond

His lawyer said, because it was a "simple 2nd degree assault" there would be no felony charge. Most likely a PBJ

Unfortunately his lawyer is probably right, unless he has a really long record of past charges and even then it might not matter.

I have one question though, why does she have contact with his lawyer?

[TwistedDiamond]

Originally Posted by poster

Unfortunately his lawyer is probably right, unless he has a really long record of past charges and even then it might not matter.

I have one question though, why does she have contact with his lawyer?

She doesn't have contact with his lawyer. He told her that's what his lawyer said, and he also told her about the spousal privilage. BUT she is done and just wants out, there will be no evoking of the spousal privilage here.

And as for annulments, judges do it on a cases by case basis in maryland. And I am most certain if a judge was to hear her case there would be no problem. We just haven't a clue where to get those papers because the court house does not have them.

[greeneyes36]

see these two webpages... THESE are the ONLY conditions in which a judge IN MARYLAND will consider granting an annulment --- i'd contact a local attorney that has a free consultation if you fall into these conditions for an annulment. they can get you started.

MGA Statutes Text Page 1 and MGA Statutes Text Page 1

[TwistedDiamond]

Well aparently her husband spoke with his Lawyer again and they said the case will most likely be dropped or put on stet because he has no priors! I can't believe this crap.

[pebbles]

don't believe everything he's saying, probably trying to trick her

[jwwb2000]

Originally Posted by TwistedDiamond

Well aparently her husband spoke with his Lawyer again and they said the case will most likely be dropped or put on stet because he has no priors! I can't believe this crap.

Don't let her believe his He is just blowing smoke to try and get her to use the spousal privilage so he DOESN'T have to face the charge in court.

[Robin]

This link has alot of information.

I believe it is the year wait period but file asap.
Doing Your Own Divorce in Maryland

page 34 has abuse information.

[mingiz]

I thought in Md that you filed for separation first. Then after one year if there is no contesting , your granted absolute divorce. Once you have a signed separation agreement you can basically go on with your life single again. Atleast that's how it was when I did it. But that was a long time ago.

[pixiegirl]

Originally Posted by TwistedDiamond

Yes, this is what we have been told. You have to get separated, wait 6 months to file and then after filing you have to be legally separated for a year.

Just cause she wants an annulment doesn't mean she qualifies for one. If you'd read the qualifications; him smacking her around isn't one.

She can file for divorce without the mandated waiting period if violence is an issue.

Tell her to pull her big girl panties up, leave, get a restraining order if she fears for herself and file for divorce. The state isn't going change the rules cause she wants an annulment.

[greeneyes36]

Originally Posted by mingiz

I thought in Md that you filed for separation first. Then after one year if there is no contesting , your granted absolute divorce. Once you have a signed separation agreement you can basically go on with your life single again. Atleast that's how it was when I did it. But that was a long time ago.

in the state of MD, a signed separation agreement does not give you that single life status again --- to go on living as though you do not still have a spouse. Only once you have a signed divorce decree by the judge granting your divorce is it then "ok". one or the other spouse can file for divorce based on the grounds of adultery during that separation if the other party is in fact committing adultery. there is no statute for "legal separation" in MD. Most people assume all is good once you have that signed agreement, however, that is not the case at all. In MD, you are married until you are divorced.