Divorce Attorneys in Maryland
Legal Representation for Divorce in Towson and Baltimore County, MD
If your marriage is on the rocks, then you may be considering divorce. The period leading up to the divorce, as well as the divorce proceedings themselves, may be one of the most stressful times of your life. Working with the professional family law attorneys at Albers & Associates on the aspects of your divorce, including separation, alimony, and child custody, is just what you need to succeed.
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What is a Divorce?
Divorce is a legal process that terminates a marriage, legally dissolving the bonds of matrimony between two individuals. It's a significant legal step that ends not only the marital relationship but also the associated legal obligations and responsibilities that come with marriage.
In the past, divorce required proof of fault, such as adultery, cruelty, abandonment, or substance abuse. However, most jurisdictions now allow "no-fault" divorces, where neither spouse is blamed for the breakdown of the marriage. No-fault divorces are typically based on irreconcilable differences, irretrievable breakdown of the marriage, or separation for a specified period.
How to Get Divorce in Maryland
Getting a divorce starts by making a decision to change your life. No matter how long you have been with your partner, if you no longer wish to continue your marriage, then it’s time to make a change. Once you make the decision to pursue a divorce, you need to reach out to supportive loved ones to ensure that you’re not alone during this difficult time.
We’ll walk you through everything you need to know to get started with your divorce so that you’re ready through every step of the process.
Filing for divorce in Baltimore County or Towson, Maryland? Reach out to our Maryland divorce attorneys. Schedule your free consultation by calling us at (443) 665-8030 or fill out our online form today.
Types of Divorce in Maryland
There are two main types of divorce in Maryland: contested and uncontested divorces.
Uncontested Divorce
An uncontested divorce occurs when both parties agree on all major issues involved in the dissolution of their marriage. These issues typically include:
- Division of property and debts
- Alimony or spousal support
- Child custody and visitation
- Child support
Since there is mutual agreement on these matters, an uncontested divorce is usually simpler, faster, and less expensive. The process generally involves:
- Filing a Complaint: One spouse (the plaintiff) files a complaint for divorce.
- Separation Agreement: Both spouses work out and sign a separation agreement that details their decisions on all relevant issues.
- Court Approval: The agreement is submitted to the court for approval. If the court finds the agreement fair and in accordance with Maryland law, it will grant the divorce without a trial.
Uncontested divorces can be finalized relatively quickly, often within a few months, depending on the court’s schedule.
Contested Divorce
A contested divorce, on the other hand, occurs when the spouses cannot agree on one or more key issues. This disagreement necessitates judicial intervention to resolve the disputed matters. The process involves:
- Filing a Complaint: One spouse files a complaint for divorce, initiating the legal proceedings.
- Response and Discovery: The other spouse (the defendant) responds to the complaint. Both parties engage in the discovery process, exchanging information and documentation relevant to the case.
- Pre-Trial Proceedings: This can include mediation or settlement conferences in an attempt to resolve issues without going to trial.
- Trial: If no agreement is reached, the case proceeds to trial. Both parties present evidence and arguments, and a judge makes the final decisions on contested issues such as property division, alimony, and child custody.
- Final Judgment: The court issues a final judgment and decree of divorce based on the findings during the trial.
Contested divorces are typically more time-consuming, expensive, and emotionally draining due to the complexities involved in litigation and the need for multiple court appearances. They can take several months to years to conclude, depending on the case's complexity and the court’s schedule.
There are a couple of options for you when you need to separate from your partner that comes from the circumstances of your marriage and the nature of your potential divorce:
- Annulment - For example, if your marriage is determined to be void on the grounds of bigamy, then you can file for an annulment. However, this option only works if the marriage itself is invalid.
- Separation Agreement - If you do not, then a separation agreement may be a better fit for your situation. When you meet with a one of our attorneys, we’ll make sure you understand your options so you can make the best decision for your family.
Required Separation Prior to Divorce in MD
Prior to divorce in the state of Maryland, you need to go through a period of separation from your partner for 12 months before the courts will allow you to complete the divorce proceedings. During this time, you are not allowed to live with your spouse or engage in sexual relations.
Mutual Consent Divorce
However, this is only necessary in the event that you and your spouse are not on the same page. In the case of a mutual consent divorce, this period of separation is not necessary.
Provable adultery may inspire the courts to grant an immediate absolute divorce. However, you will need to prove the following:
- Adulterous Disposition: Your spouse was seen showing public affection to another person.
- Adulterous Opportunity: Your spouse was witnessed at a location where adultery could have occurred.
- Adulterous Evidence: Text messages, emails, photos, and other media can be admitted to the court as evidence to support your claims.
FAQs About Divorce in Maryland
How long does it take to get a divorce?
The duration of a divorce process in Maryland varies depending on several factors, including the complexity of the case, court caseload, and whether the divorce is contested or uncontested, as we mentioned earlier.
How is property divided in a divorce?
Maryland is an equitable distribution state, meaning that marital property is divided fairly, though not necessarily equally, between the spouses. Marital property includes assets acquired during the marriage, while separate property generally consists of assets owned before the marriage or acquired through inheritance or gift during the marriage. The court considers factors such as each spouse's contributions to the marriage, their respective financial situations, and the length of the marriage when determining a fair distribution of property.
Is alimony awarded in every Maryland divorce?
Alimony, also known as spousal support, is not automatically awarded in every divorce. Whether alimony is granted depends on various factors, including the length of the marriage, each spouse's financial needs and resources, their respective earning capacities, the standard of living during the marriage, and any contributions made by one spouse to the other's education or career advancement. Alimony may be temporary or permanent, and the amount and duration are determined on a case-by-case basis.
Do I need to attend court hearings for my divorce?
Whether you need to attend court hearings for your divorce depends on various factors, including whether the divorce is contested or uncontested and whether agreements can be reached outside of court. In uncontested divorces, where both spouses agree on all issues, court appearances may be minimal. However, in contested cases or if the court requires additional information, hearings may be necessary for presenting evidence and arguments.
Are there alternatives to traditional divorce litigation?
Yes, there are alternatives to traditional divorce litigation in Maryland, including mediation, collaborative divorce, and arbitration. These alternative dispute resolution methods offer couples a more amicable and private way to resolve issues related to their divorce outside of court. They can often result in faster, less costly, and less adversarial outcomes compared to traditional litigation.
Speak with a Maryland Family Law Attorney About Divorce Today
If you’re looking to start your divorce proceedings, then work with a group of attorneys who understand your predicament. At Albers & Associates, we will work with you through every step of your divorce and help you get the settlement that you deserve.