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Everything You Need to Know About Getting a Divorce in Maryland
You've probably heard that getting a divorce can be a long, complicated process. And while that's true in some cases, it doesn't have to be. In fact, if you and your spouse can reach an agreement on all of the major issues in your divorce, you may get through the entire process without even setting foot in a courtroom.
In our comprehensive guide to getting a divorce in Maryland, we'll cover everything you need to know about the process, including:
- Types of divorce in Maryland
- The grounds for divorce in Maryland
- How to file for divorce in Maryland
- The forms you'll need to file for divorce in Maryland
- How to serve your spouse with divorce papers in Maryland
- The divorce process in Maryland
- Child custody and support in Maryland
- Division of property in Maryland
- Alimony in Maryland
Maryland Divorce Attorney Is Helping High-Net-Worth Couples Separate Legally And Amicably
Glen Burnie-based law firm Zide Law Group, LLC is advising high-net-worth Maryland couples on the best path forward for them if they ever have differences that threaten to break apart their family unit. The law firm, which also has an office in Cambridge, Maryland, has been lauded by the community for its services. It currently has a review score of 4.6 out of 5.0 on its Google My Business page.
Based on the correlation between a couple's household income and divorce rates in the United States, the latter falls steadily as the former increases to around $200,000 per year. However, the divorce rates for couples making more than $200,000 per year steadily hover around 30%. Divorces that involve more than $1,000,000 in net liquid assets, not including the value of their properties and their joint businesses, are defined as high-net worth divorces and are becoming increasingly common in recent years. Divorce lawyers who are experienced in high-net worth divorces often advise their prosperous clients to settle out of court by using a skilled private mediator before seeking litigation.
How do I get a divorce in Maryland?
Anne Arundel County Divorce and Family Law
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 need something called grounds for divorce. The grounds for divorce are:
- Mutual consent
- Twelve-month separation
- Adultery
Contested Divorce in Maryland – What Is It & What Should I Do?
Are you getting a divorce in Maryland?
The top 10 stressful life situations, according to polls, were listed in a chart that appeared in the Indianapolis 100. After the loss of a spouse, it turned out that divorce is the second-most stressful event. The other 8 are shown in the following graph.
Source: Statista
Since divorce in Maryland is a complicated procedure overall, it can be emotionally, mentally, and financially stressful. All Maryland divorce lawyers concur that disputed divorces are far more difficult than uncontested divorces.
Here, we will consider the intricacies involved and the favors you can do yourself in the process.
What Is a Contested Divorce in Maryland?
Couples who are unable to agree on the conditions of their divorce experience contested divorces. Actually, disputed divorces are more frequent than uncontested divorces, which frequently results in litigation.
What are the grounds for divorce in Maryland?
One must first establish grounds for divorce in order to achieve an absolute divorce. In the state of Maryland, you cannot simply point out irreconcilable differences and try to break a marriage that way. Instead, you must have grounds, which are legitimate reasons to end the marriage. Seven distinct grounds are available. When it comes to merely ending a marriage, it makes no difference whose grounds are invoked. One ground is just as excellent as another for that purpose.
However, the judge will frequently take into account who is to blame for the divorce when making decisions regarding other aspects, such as whether to grant alimony or divide the marital estate. Certain grounds (known as fault-based grounds) may, in these circumstances, be more advantageous to one party than another. Twelve-month separation and mutual consent are no-fault grounds for divorce, which will be covered in this article's first two sections. The remainder depend on faults.
Are you in the Military and going through a divorce?
We are proud to have the most powerful military in the world, but our heroes can go through turmoil in their married lives leading to permanent separation.
Only about 9 miles from Fort Meade (https://goo.gl/maps/aaYCUTsqWaZqjjK29), Zide Law Group, LLC handles military divorces, which are no less complicated than civilian divorces.
Our vastly experienced and knowledgeable military divorce lawyers are known for their proven track record of advocating our clients' rights during all phases of the military divorce process, negotiations, and court appearances.
Our competent lawyers are familiar with the intricacies of the Maryland Family Courts. Let us help you! Call us at 410-760-9433 or contact us online.
Maryland Family Attorney Kelley Spigel has been featured!
We've been featured! Check out our featured post in the 'You Should Know' section, in the Jewish Times.
Kelley Spigel takes pride in our devotion to understanding your needs and objectives. Our Anne Arundel Family Attorneys have a proven track record of advocating our clients' rights during all phases of the divorce process, negotiations, and court appearances. We have experienced Glen Burnie divorce attorneys who are familiar with the intricacies of the Maryland Family Courts. Contact our office today!
Do I need a Maryland third party custody attorney?
Maryland third party custody is a complex, rapidly evolving area of family law. These dynamic changes mean that third parties have gained significant rights with each new appellate case over a fairly short period of time.
Third party custody cases, often grandparents fighting for custody of their grandchild or grandchildren, are usually very sensitive and emotional cases. Many times, the child's parents are facing difficult issues in life, whether it be drug abuse, mental health, or otherwise. In these situations, there is a high burden for the third party to prove that it is in the child's best interests for the third party to have custody. Our top-rated Maryland family law attorneys, have years of experience litigating third party custody cases for her clients.
If you are involved in or exploring a third party custody case, contact our top-rated family law attorneys today at 410-760-9433
Recent changes to Mutual Consent Divorce in Maryland
In the State of Maryland, for many years, a couple had to spend a year apart before filing for divorce if neither party was necessarily at blame (or could demonstrate fault). There was no way around it; you had to wait at least a year before you could seek for an absolute divorce without evidence of adultery or severe treatment. There are additional reasons for divorce, as was described in an earlier post, but aside from adultery or cruel treatment, they all needed a waiting period of at least one year. That is, until 2015, when the local Legislature added a new ground for mutual consent divorce in Maryland.
See Maryland Family Law Code § 7-103
In accordance with that law, a husband and wife could mutually decide to get a divorce without having to wait the required twelve months, provided that both parties attended the uncontested divorce hearing and properly executed settlement agreements were signed for all alimony and property (including retirement) issues. For partners who shared a small kid, however, this was not a possibility. For divorcing parents of young children, mutual consent was not an option, even if they could agree on every aspect of child custody and maintenance. They would have to hold off on filing for divorce for an entire year.
How is property allocated in divorce in Maryland?
Filing for divorce in Maryland can be a long and tedious process. There are various requirements that must be met before the court can grant a divorce. While it is usually best to meet the requirements, including asset division, amicably, it can be extremely difficult and emotional. Enlisting an experienced divorce and family law attorney, will make this process more bearable.
Here is how marital property is legally divided in Maryland.
Maryland Divorce Laws
Maryland uses equitable distribution, where the separating couple is entitled to a fair share of the property acquired during their marriage. Notably, equitable distribution does not necessarily refer to a 50-50 share, though it is often close, but a fair division of property under the circumstances.
So what is considered marital property? Marital assets refer to all the property that you collectively acquire during your marriage, regardless of how titled. Marital property includes, but is not limited to, obvious assets such as houses, bank accounts, stocks, patents, as well as tangible personal property like cars, furniture, appliances, and jewelry. Property acquired by gift or inheritance, regardless of when acquired, does not constitute marital property.