Maryland Divorce and Family Law Attorneys

Before getting into any of the other issues involved with a divorce in Maryland, the first question to consider is whether Maryland has jurisdiction over your divorce. This is a question you should ask yourself before filing and petitioning for divorce in Maryland.

The answer to this question can be easily answered by checking to see if either spouse has lived within the State of Maryland for at least six months consecutively prior to their initial residency or that one of the spouses lives in Maryland now, as opposed to living out-of-state. If so, the circuit courts have jurisdiction to hear divorce cases. Generally, the circuit court with jurisdiction for your case is the circuit court in the county where you live or the circuit court in the county where your spouse lives.

The decision about where to file needs further information before it can be finalized so consult an attorney who handles Maryland divorce and family law cases. They will know how this question should best be answered after considering all of the aspects involved in your specific situation.

Once jurisdiction has been determined, then it's necessary to determine if the parties have grounds for a divorce in Maryland. It is in the complaint for divorce that a party must set forth the basis or “grounds” for initiating proceedings.

The ground for a divorce is the “reason” why one spouse wants to get divorced. If not set forth in the complaint, then it will be up to the judge or jury who hears your case to decide whether you have grounds for divorce.  In order to obtain an absolute divorce, one must first show that there are grounds for divorce. 

In Maryland, there are seven different grounds for divorce:

1. Twelve-Month Separation

2. Mutual Consent

3. Adultery

4. Cruelty of Treatment

5. Desertion

6. Insanity
 
7. Incarceration

When deciding other factors, such as an award of alimony or the division of marital property, the judge will often consider which party is at fault for the divorce. In these circumstances, certain grounds (called fault-based grounds) can prove more beneficial to one party than another. The first two grounds for divorce this article will cover, twelve-month separation and mutual consent, are no-fault grounds. The rest are fault-based.

For many people, this is a a simple process. Nothing needs to be filed with the court until a year has passed and both parties are ready to proceed with an absolute divorce. For some, however, it is not as easy. A year is a long time, and it is often difficult for one party to support themselves throughout that year. The parties may disagree on custody or child support through that one year, or who gets to remain in the marital home. In cases such as these, the court will need to get involved earlier than normal. If the parties do not yet have grounds for absolute divorce, but still need financial relief or are otherwise unable to resolve their matters privately, then limited divorce is an appropriate remedy. We will discuss the specifics further in this article.

To ensure you are properly prepared for your divorce, contact a Maryland Divorce Attorney today!

The court may grant an annulment if a marriage was invalid from the start. This could be because of an issue with age or consent – for example, one person may have been too young to marry without parental permission, so they can get their marriage annulled if this is true. It’s also possible that someone didn’t know about a previous spouse and filed for divorce later on when they found out, in which case it would be considered as bigamy (a crime). There are many reasons why you might want to file for an annulment instead of a typical divorce; talk to your attorney today!

Are You Eligible For Annulment?

There are strict requirements in Maryland that make a marriage eligible for annulment. Some of them include:

1. A spouse coerced the other spouse for marriage.
Forcing the person to enter into marriage also comes under a lack of consent. Forcing the person is termed as coercion, which generally occurs due to threats.

2. The inability of a spouse to get married due to mental disability
A person with a mental disability cannot give his or her consent to the marriage. Temporary disability like intoxication or under the influence of drugs can also be treated as the disability to consent for the marriage.

3. Fraud is committed by one of the spouses to get married.
If a marriage is fraudulent , one of the spouses might have committed fraud during the marriage ceremony. This may include things like hiding their marital status from you, or not telling you they're already married when getting married to you in a second ceremony.

4. One spouse has a living spouse, and divorce has not happened.
If someone is marrying another person while still legally married to someone else (or will be soon), then this can also be grounds for an annulment in Maryland!

5. Spouses have not attained marriage age.
If either spouse is under the age of 16, you can apply for an annulment in Maryland. You may be able to get this by showing that one or both parties are mentally incapacitated and not fully understanding what they're doing when getting married at such a young age.

If you have any questions regarding the annulment process, contact your local Maryland divorce attorney today!

Maryland recognized two types of divorce; an absolute divorce and a limited divorce. Although a limited divorce is sometimes referred to as a legal separation, legislation passed in Maryland gave it the title of limited divorce. 

Limited divorce gives married couples an alternative to divorce when they are not ready to end their marriage or are opposed to the idea for financial, moral or religious reasons. A limited divorce also gives the couple scope for reconciliation if both parties agree. The spouses remain legally married but petition the court to make decisions related to child custody, child support, alimony, health insurance coverage, and division of personal and real property. 

During a limited divorce, the parties remain legally married while residing separately under separate roofs. Neither of the two spouses may remarry or engage in sexual relations with each other or another person during this time.

The grounds for a limited divorce include: 

1. Cruelty of treatment 

2. Excessively vicious conduct

3. Desertion

4. Mutual and voluntary separation

Cruelty of treatment is when one spouse inflicts physical or mental injury, harassment, or abuse on the other. Excessively vicious conduct is when one spouse's attitude and behavior causes serious emotional damage to another. Desertion occurs when a husband leaves his wife without cause with no intention of returning before her death. Mutual and voluntary separation occurs where both spouses agree they are not compatible but do not want to seek full divorce proceedings from each other.

A lawyer can best help determine whether you meet the grounds for a limited divorce.

An absolute divorce completely and permanently ends the marriage. It’s probably what you think of when you hear the word “divorce.” Marital assets are divided and both parties are free to remarry. A judge needs to order a decree of absolute divorce before the marriage is actually over. In order to do this, all matters need to be decided. Sometimes this is easy – both parties can agree on all issues of custody, alimony, and the distribution of property and assets. This is called an uncontested divorce. Sometimes, the parties cannot agree, and the matter is contested in front of a judge.

In order for an absolute divorce to move forward, the parties will to specify the grounds for divorce. The grounds for divorce are:

1. Mutual consent

2. Twelve-month separation

3. Adultery

4. Desertion

5. Cruelty or treatment

6. Incarceration

7. Insanity

To ensure you are properly prepared for your divorce, contact us for your consult today!

It is never easy to handle a divorce, but it can be made easier when you have an understanding of the process. A separation agreement is one way that two people may decide to end their marriage. In other words, it's a contract between spouses about how they will live apart and divide their property after they separate. This article provides information on what a separation agreement entails and who should consider entering into this kind of contract with their spouse.

The separation agreement should provide for the following:

-A division of assets and debts. This includes any real estate, savings accounts, stocks or other investments, vehicles, furniture and household items like dishes or clothing. It's important to note that each person is entitled to an equitable share of all property acquired during marriage but must also compensate their spouse if they were given certain gifts by the other party during the course of their marriage (except in cases where such gifts are exempt from being divided). Divorce lawyers can help you work out these details.

-An arrangement about how children will be cared for - including custody arrangements as well as child support payments between the parents. You can also include a discussion about who will be the children's guardian or legal custodian.

-How long each person is entitled to stay in the marital home before moving out.

-What property should remain with each spouse after they move on, such as furniture, household items, pets, etc.

-A clear understanding that neither party has any responsibility for supporting their ex financially (unless there are agreements otherwise) so only one needs to worry about finding employment or generating an income stream post separation. In other cases where someone might need support from their soon-to-be ex it is best to have a professional help you negotiate this part of your agreement because sometimes the court can compel someone to provide support.

-What should happen with joint property and other assets like bank accounts or properties that were jointly bought but are not physically located in one spouse's name.

-Who is responsible for maintaining receipts and records from both parties so they can be tracked on their own tax returns after separation.

If you are unsure or want to ensure your rights are protected, contact a Maryland family law attorney today to assist with drafting and/or negotiating a fair agreement.

It is important to know that Maryland does not recognize Common Law marriages. Common Law marriage, which is when two people who are living together get married without meeting all requirements for getting legally married. Maryland will only recognize those that were created through legal means with an official license. However, if you have a valid common law marriage from a state that does recognize such marriages, it will be recognized in Maryland as well.

In Maryland, the courts have jurisdiction over all children born to married parents. The custody of children as a result of a divorce is of paramount importance to the courts. In general, if the court in the divorce case also has jurisdiction over the children of the parties, then they will also be responsible for determining issues such as custody and visitation of the children. In making any decisions about the custody of a child, the court must determine what is in the best interest of the child. A married parent will need to make sure that they follow the law with respect to child custody and should not leave Maryland with their child until there is an order in place allowing them to do so.

Both parents have a legal duty to support their child according to their ability to do so. Parties
can make agreements with respect to child support, which can be incorporated into a separation
agreement. However, the court always retains jurisdiction over child support issues, whether
child support is agreed to by the parties or ordered by the court.

The duty to support a child does not terminate when the marriage ends. As such, if the divorce
decree or separation agreement does not provide for child support, the custodial parent may bring
an action for child support later.

The amount of child support a parent may have to pay can depend upon several factors, including whether the parties have primary or joint physical custody. Maryland has a formula for determining child support. 

You will see many child support calculators online. For the most part, these calculators assume that all of the children at issue will primarily live with one parent. They are not intended to estimate child support for joint physical custody or split custody arrangements. We recommend your consult an attorney to run the calculations based on the current Maryland child support guidelines. 

In Maryland, the process of dividing marital property is done in two steps. First, for all property that is determined to be non-marital (in other words, anything not obtained by one spouse through a third party), it must first go on the table as part of equitable distribution.

Secondarily and more importantly, if there are any assets or debts that can be classified as "marital," then those items will also need to be distributed equitably at this step before going on to what's considered non-marital property. In order for an asset or liability to qualify as marital, they have to meet four criteria:

A) It has been acquired during marriage;

B) One spouse paid some form of consideration for the asset or liability;

C) It is of some value to both parties (even if it's a little bit); and

D) Its worth can be determined.

After all marital property has been identified, then it moves on to what will determine how that specific type of marital property should be distributed: equitable distribution. Equitable distribution means that each spouse must get their fair share in regards to income and assets as well as debts owed by either party at the time of divorce. When determining these two factors, Maryland courts take into consideration many different factors including, but not limited to:

1. The contributions, monetary and nonmonetary, of each party to the well-being of the family;

2. The value of all property interests of each party;

3. The economic circumstances of each party at the time the award is to be made;

4. The circumstances that contributed to the estrangement of the parties;

5. The duration of the marriage;

6. The age of each party;

7. The physical and mental condition of each party;

8. How and when specific marital property or interest in property was acquired, including the effort expended by each party in accumulating the marital property or the interest in property;

9. The contribution by either party;

10. Any award of alimony that the court has made with respect to family use, personal property or the family home; 

11. Any other factor that the court considers necessary or appropriate to consider in order to arrive at a fair and equitable monetary award.

As you can see, there are many factors that the courts take into account, which is why you should ensure your rights are protected and that you and your family get what your deserve. 

Alimony is a payment from one spouse to another after the dissolution of marriage. It can be awarded as either temporary or permanent, which means that it could last for just a few years or indefinitely. The purpose of alimony is to provide an opportunity for the recipient spouse to become self supporting. 

Maryland law has several different types of alimony: 

Pendente Lite
Pendente lite alimony is an award that maintains the status quo of the parties so that the wife or husband doesn’t suffer any financial hardship while they are waiting for their divorce proceedings to be finalized. 

Term Alimony (Rehabilitative Alimony)
Rehabilitative Alimony is awarded only for a specific period of time and for the purpose of easing the transition from being married into living apart from one another and independently.

Indefinite
Indefinite Alimony is awarded on rare occasions. You will want to speak with your Maryland attorney to determine if you meet the specific factors.

Alimony in Maryland is determined by, but not limited to, the following factors:

1. The ability to work and become self-supporting;

2. Level of education or training;

3. Standard of living during the marriage;

4. Duration of marriage;

5. Monetary/nonmonetary contributions to the marriage;

6.Reason for the dissolution of the marriage;

7. Age of the spouses;

8. Health of the spouses;

9. Financial ability to pay alimony;

10. Any agreement made between the spouses;

11. Financial need to receive alimony;

To commence a divorce case, the first step is to prepare and file a Complaint. The Complaint must set forth the cause or causes for divorce. This would be one of the causes discussed above, such as incompatibility. 

Use the Complaint for Absolute Divorce (CC-DR-020) or Complaint for Limited Divorce (CC-DR-021), depending on your circumstances. 

If you were served by a spouse and want to respond, use the Answer (CC-DR-050) and, if necessary, a Counter-Complaint for Absolute Divorce (CC-DR-094) or Limited Divorce (CC-DR-111). 

Other forms to consider are:

-Civil Domestic Information Report (CC-DCM-001)

-Financial forms

-Joint Statement of the Parties Concerning Marital and Non-Marital Property (CC-DR-033)

-Settlement agreement

-Fee waiver forms

If you have been served by your spouse, you will want to ensure your respond in a timely manner. 
Depending upon where you live, determines the amount of time you have to respond. 

Maryland: 30 days to respond
Another state: 60 days to respond
Outside the United States: 90 days to respond

Divorce is never an easy process, but it can be made easier with the help of the right divorce lawyer. However, before you hire one to represent you in court, there are 10 questions that you should ask them first. The answers will give you insight into how they may handle your case and if they're a good fit for what you need.

1. What is your experience level?

2. Do you take the time to thoroughly review my case and ask me questions about it?

3. How often will I hear back from you after our initial meeting or phone call if there are any developments in my case that require attention by an attorney (e.g., negotiations break down)? And how quickly can you respond when needed? 

4. Will emails suffice as responses for urgent matters at night/on weekends without sacrificing responsiveness during regular office hours or would this not meet my needs sufficiently enough due to urgency and importance of my case?

5. How much time do I need to spend on this meeting to get a sense for how well we will work together, given my circumstances and the needs of my family going forward?

6. What is your working style/approach when it comes to clients in situations like mine? 

7. Will you provide me with advice as needed throughout the process or only at designated times such as at our initial meeting and then again at some point further down the line before trial if necessary? 

8. Do you have any conflicts of interest?

9. How much will it cost to hire you and what are the various payment options for different types of cases such as mine?

10. After hearing about my situation, do you feel confident that we can work together effectively on this matter so I reach the best possible outcome given my circumstances with regard to costs and desired outcomes/results? 

You want to be confident that you can work together effectively on your case. It is important for a lawyer to answer questions in language that you can understand, and you should also make sure they are responsive to your needs.

We have done the research for you and have found the top rated divorce and family law attorneys in each county to ensure your rights are protected. 

Reach out to one of them today!