Divorce Lawyers in Baltimore

Divorce is more common than ever. While some can agree to terms outside of court, others cannot and need a court’s intervention to iron out the details of the split. Most cases share the same issues that must be addressed, including alimony, the division of marital property, child support, and child custody. For many, divorce is often the only and most significant legal matter a person will face in their lifetime. In addition to these legal considerations, it's essential to recognize the emotional impact of divorce, which can significantly affect decision-making. Our team is not only well-versed in legal proceedings but also committed to providing empathetic support throughout the process. We understand that these are tough and stressful situations. We are dedicated to helping you overcome this obstacle. 

Call Albers & Associates today at (443) 665-8030 or contact us online to schedule a consultation with our Baltimore divorce attorney.

Absolute vs. Limited Divorce in Maryland

In Maryland, a person can get either an absolute or limited divorce. 

• An absolute divorce is what many other states consider a regular divorce. The couple is no longer married after the court finalizes the matter. 
• A limited divorce is more commonly called a legal separation in other states. The couple is still married, and there is no severance of marital bonds. If the couple decides, they can use the limited divorce to obtain an absolute divorce after a year of living separately. 

Deciding between the two depends on one’s circumstances. While some are happy with a limited divorce because of the retained benefits, others use it to get in line for a divorce after a year. Understanding these different options can significantly impact both parties' financial and personal well-being, allowing them to make informed decisions.

Grounds for an Absolute Divorce

For a person in Maryland to get an absolute divorce, they must provide legally acceptable reasons, also known as grounds. Grounds can either be fault grounds or no-fault grounds. No-fault grounds include a 12-month separation and mutual consent. Using a 12-month separation as grounds provides the legal means to get an absolute divorce without the other’s consent and avoids the legal pitfalls of the defendant being able to answer fault grounds. Mutual consent is also a no-fault divorce in which couples agree to terms of the split through a settlement agreement.

Fault grounds are another story. Fault grounds can be answered by the defendant and must be proven by the plaintiff. Below are some acceptable grounds for an absolute divorce:

• Adultery
• Desertion
• Conviction of a crime (under certain circumstances)
• Insanity
• Cruelty
• Vicious conduct

For most, using no-fault grounds is a simpler process that does not need to involve the other’s consent or evidence to prove fault. Simplifying these grounds into a legal strategy can often lead to a quicker and less contentious divorce process, allowing individuals to move forward with minimal conflict.

Grounds for a Limited Divorce 

For a person to get a limited divorce, they will need to cite grounds as well. These include:

• Separation without cohabitation
• Cruelty
• Excessive vicious conduct
• Desertion

Maryland Residency Requirements for Divorce

To get a divorce in Maryland, a court must establish jurisdiction. This is completed by the parties’ ability to satisfy the residency requirement and cite grounds. One must consider where the grounds took place to satisfy the residency requirement. For residents of the state, there is no waiting period on the grounds that took place within the state; one can sue for divorce in any county where one of the spouses lives. If grounds for divorce occurred outside of Maryland, the plaintiff must reside in the state for one year before filing. For rare cases when a person files insanity grounds, the state requires two years of residency. Understanding these residency requirements is crucial, as failing to meet them can delay the process significantly, impacting legal timelines and strategies.

Filing for Divorce in Baltimore

Once grounds have been cited and the residency requirement satisfied, one can file for divorce. After filing a complaint or petition, the court will issue a summons. The other party, the defendant, must be properly served. The court will send the summons and petition to the party you choose to serve the defendant, either the sheriff’s department or a private process server. Whichever party you choose will sign an affidavit of return of service, proof that it was successfully served. Ensuring this process is handled correctly is vital, as improper service can invalidate the proceedings and delay the resolution of the situation.

Finalizing the Divorce Process

• Uncontested Hearing: A separation agreement is a written statement to the court addressing all marital issues to be used “on the record” and incorporated into the final divorce decree. Though the couple may have agreed to terms outside of court, they must still attend a final hearing. For those who are divorcing on the grounds of mutual consent, both parties must attend. Once completed, the court should issue a final decree.
• Trial: If the couple cannot come to terms outside of court, they may need the court’s intervention. The court will hold a trial and decide on the contested issues. Once completed, it will issue a final judgment or decree.

Frequently Asked Questions

How Long Does the Divorce Process Take in Maryland?

The duration of the divorce process in Maryland can vary greatly depending on various factors, including whether the situation is contested or uncontested, the complexity of issues such as asset division and child custody, and the court's schedule. Generally, an uncontested divorce with mutual consent can finalize in as little as two to three months. However, contested situations can take significantly longer, possibly extending to a year or more.

What Should I Consider When Choosing a Divorce Lawyer in Baltimore?

Choosing the right divorce lawyer in Baltimore involves several considerations. Look for a lawyer familiar with Maryland law and local court systems, as well as one who has a track record of handling similar family law issues. It's also important to find an attorney who communicates clearly and effectively, and who offers a strategy aligned with your goals. Additionally, consider whether the lawyer provides a supportive environment and is responsive to your needs, as this can significantly impact your comfort and confidence throughout the divorce process.

What Are the Financial Considerations in a Maryland Divorce?

Financial considerations during a Maryland divorce revolve around the equitable division of marital assets, potential spousal support, and the establishment of child custody arrangements that also include financial support details. Factors such as the length of the marriage, each party's financial contribution, and future earning potential are typically evaluated to determine a fair distribution of assets and liabilities. It's crucial to have a clear assessment of both shared and individual finances, which a skilled attorney can assist with.

Resources for Divorces in Baltimore, MD

The Circuit Court for Baltimore County has jurisdiction over divorce cases that occur within Baltimore County. This includes handling both contested and uncontested divorce proceedings. Familiarize yourself with local rules and procedures for filing documents, attending hearings, and resolving disputes.

The Circuit Court for Baltimore County is located at:

County Courts Building
401 Bosley Avenue
Towson, MD 21204

Here are several resources you can consider for divorce assistance in Baltimore:

• Maryland Courts Self-Help Centers: The Maryland Judiciary provides self-help centers in various courthouses, including Baltimore, where you can get information and forms related to divorce proceedings.
• Maryland Department of Family Administration: Offers resources and information related to family law matters, including divorce. Taking advantage of these resources can support individuals in navigating the complexities of divorce, ensuring they are well-informed and comfortable through each stage of the process.

How Our Baltimore Divorce Attorneys Can Help

We understand that divorce is more than a legal process—it’s about your future, family, and financial security. 

Here's how we can assist you:

• Personalized Legal Advice: We listen to your concerns and provide legal guidance for your unique situation. Our collaborative approach is tailored to align with your values and goals.
• Negotiation and Mediation: We seek to resolve disputes amicably through negotiation and mediation to avoid a lengthy court battle whenever possible. Effective mediation can save time and minimize emotional distress.
• Litigation: If necessary, we are fully prepared to represent you in court and fight aggressively for your rights. Our seasoned trial attorneys bring a wealth of courtroom experience to build a compelling case on your behalf.
• Child Custody and Support Agreements: We help establish fair and workable custody and support arrangements that prioritize the well-being of your children. Our goal is to protect your children’s interests.
• Asset and Property Division: We guide you through the complexities of dividing marital property and ensure you receive your fair share. Detailed assessments and transparent communication are central to our process.
• Alimony: We will advocate for a fair spousal support arrangement, whether you are seeking alimony or contesting it. Our approach is grounded in fairness and driven by an understanding of your financial status.
• Post-Divorce Modifications: We can help modify divorce agreements if circumstances change regarding custody, support, or other issues. Flexibility and responsiveness are key to our service!

Contact Our Divorce Attorneys in Baltimore

If you are facing divorce, it is important to discuss your matter with an experienced legal team. Albers & Associates is an effective divorce law firm located in Baltimore, Maryland. Our firm works closely with clients as they face significant family law issues. Divorce is never pleasant. Our attorneys are dedicated to mitigating the effects on your life and protecting your rights and future. Contact Albers & Associates for a consultation to discuss your legal matter. Seeking professional guidance promptly can make a substantial difference in your divorce proceedings, providing clarity and confidence from the outset.

Contact Albers & Associates today to get started with our divorce lawyers in Baltimore.