Maryland Divorce Attorney

We know that divorce is difficult, stressful, and emotionally draining. As your advocate, the family law team at Shah & Kishore in Rockville, Maryland is here to help.

It is our goal to help you navigate through the process efficiently, preserve family relationships, and minimize the negative impact it may have on your life. We will keep you informed of developments in your case every step of the way, and our divorce lawyer will always be available to answer your questions and discuss your options.

In the courtroom, we are zealous litigators and use our extensive experience, knowledge of divorce and Maryland family law, and deep financial background to advocate for our clients’ interests in the most favorable manner, especially in asset-driven cases.

Maryland Divorce Frequently Asked Questions

What is divorce in Maryland?

Divorce, also called absolute divorce, is when a court legally ends your marriage. The court will issue a divorce decree that can also address issues like alimony, property division, child support, and custody.

What are the grounds for divorce in Maryland?

Maryland recognizes both fault-based and no-fault grounds for divorce; however, as of October 1, 2023, fault-based grounds have been eliminated. Although fault is no longer a basis for divorce, it may still be relevant in certain areas of the proceedings, such as child custody and spousal support.

What is a mutual consent divorce?

A mutual consent divorce in Maryland is a type of divorce where both spouses agree on the terms of the divorce. In this case, the couple does not have to assign blame or wait for a specified period before filing for divorce.

Requirements:

1. Both spouses must sign a written marital settlement agreement.

2. The agreement must address all issues related to: – Alimony – Distribution of property – Care, custody, access, and support of minor or dependent children

3. If child support is necessary, a completed child support guidelines worksheet must be included.

4. Neither party can object to the settlement agreement in writing before the divorce hearing.

5. The court must determine that the agreement is in the best interests of any minor or dependent children involved.

How long do I have to live separately to file for a divorce in Maryland based on separation?

You and your spouse must live separate and apart for at least six months before filing for a divorce based on separation. You can still live under the same roof but must pursue separate lives.

Can I get a legal separation in Maryland?

Maryland does not have a formal legal separation. However, you can file for a limited divorce, which allows for separation and creates a legal framework for support while keeping the couple legally married.

How do I file for divorce in Maryland?

You can file for divorce in a Maryland circuit court if you or your spouse is a Maryland resident. You will need to complete and file the necessary forms, such as the Complaint for Absolute Divorce (form CC-DR-020).

What happens after I file for divorce in Maryland?

  • Service of Process

The other party must be formally notified of the divorce by delivering copies of the complaint and related documents. This can be efficiently handled by a private process server or the sheriff, and it is essential to file proof of service with the court.

  • Answer

The other party has a strict timeline to respond to the complaint: 30 days if served in Maryland, 60 days if served in another state, or 90 days if served outside the country.

  • Scheduling Hearing

The court will schedule a hearing within three weeks of service to set critical dates for the case.

  • Discovery

Both parties are required to gather evidence and documents to substantiate their claims. This process may involve the issuance of subpoenas, interrogatories, and the exchange of documents.

  • Court Hearings

The case will entail scheduling hearings, pendente lite sessions, and settlement conferences.

  • Divorce Decree

The court will issue a divorce decree, which enables the couple to remarry. The divorce process can be complex and may extend beyond one year to reach completion.

How is property divided in a Maryland divorce?

In Maryland, property division during a divorce is handled through a process called equitable distribution. This means that the court will consider various factors to determine a fair and equitable division of marital property.

  • Marital Property

This includes all property acquired during the marriage, such as bank accounts, homes, businesses, cars, furniture, appliances, stocks, bonds, jewelry, pensions, and retirement plans.

  • Non-Marital Property

This includes property obtained before the marriage, as well as inheritances, gifts, or any property specifically excluded by legal agreements.

  • Factors Considered

The court will evaluate the contributions of each spouse, their respective economic circumstances, the length of the marriage, and the age, health, and both physical and mental condition of each spouse, among other considerations.

  • Division of Property

While the court aims to divide property fairly, this does not always mean an equal split. In practice, it is common for the higher wage earner to receive two-thirds of the assets, while the other spouse receives one-third. If you and your ex-spouse cannot reach an agreement on how to divide your property, the court will determine what constitutes marital property and establish its value. It is advisable to hire a Maryland family law attorney if there is any uncertainty regarding whether specific property is considered marital or separate.

What is alimony, and how is it determined?

Alimony in Maryland is a court-mandated payment that one spouse is required to make to another following a divorce. It is formally recognized as spousal support.

Purpose of Alimony

It is designed to ensure the recipient achieves financial independence. – It provides essential financial stability during the transition to single life.

Types of Alimony

1. Pendente Lite Alimony

This is temporary support awarded during the divorce proceedings to maintain financial equilibrium.

2. Rehabilitative Alimony

This support is provided for a designated period to enable the recipient to acquire necessary training or education for self-sufficiency.

3. Indefinite

This type of alimony lasts indefinitely, typically granted when one spouse has no realistic prospect of becoming self-supporting.

Factors Considered When Awarding Alimony

  • The recipient’s ability and timeline for becoming self-supporting.
  • The duration of the marriage.
  • The specific reasons leading to the divorce.
  • The financial needs and available resources of both spouses.
  • Each spouse’s age, health, and overall physical and mental condition.

Modification of Alimony

Modification of Alimony Due to Material Change in Circumstances

The court has the authority to modify alimony if either party experiences a significant change in circumstances. This could include alterations in income, employment status, or the financial situation of a child.

Request for Modification

Either party can request a modification of alimony, whether seeking an increase or decrease in payment amounts, or a change in the duration of alimony.

Agreement Not to Modify

If both parties agree to the terms of their alimony arrangement in a marital settlement agreement, the court cannot modify the award.

Examples of Circumstances That Might Lead to Modification

Some situations that could warrant a modification include:

  • A significant loss of income for the paying party
  • The recipient begins cohabitating with a romantic partner
  • A change in the child’s health, disability status, or age
  • One party receives an inheritance
  • One party believes the original order was issued based on fraud or concealment

For any questions you may have regarding alimony in Maryland, it is advisable to consult with a Maryland alimony lawyer.

When Alimony Can Be Awarded

Alimony can only be awarded prior to the final divorce judgment. Once waived, a party forfeits the right to request alimony in the future.

How is child custody decided in Maryland?

In Maryland, child custody is determined unequivocally by what is in the child’s best interest. Judges take into account a range of critical factors, including the child’s health, safety, and overall welfare.

Key Factors Considered

Parent-Child Relationship

The degree of closeness between the child and each parent is vital.

Parental Fitness

The mental and physical health of each parent is essential for determining their capability.

Child’s Preference

If the child is mature enough, their preferences will be given significant weight.

Stability

The extent of disruption to the child’s life that would result from changing custody arrangements is a major consideration.

Home Environment

Each parent’s home environment must demonstrate stability and support.

Ability to Meet the Child’s Needs

The capacity of each parent to provide effectively for the child’s needs is crucial.

Decision-Making

Maryland judges do not rely on a formulaic approach to evaluate these factors. Instead, they meticulously assess the specifics of each case, weighing each factor with care, always aiming to make a decision that prioritizes the child’s best interests.

Custody Types

Custody arrangements can be categorized as sole physical custody, shared physical custody, or joint custody, reflecting a range of approaches that serve to support the child’s needs and well-being.

Contact Our Rockville Maryland Divorce Attorney

Because not every divorce will require litigation, we will work with you to ensure the best possible outcome. Our Maryland family law attorney can pursue mediation, which is often the easiest, least expensive, and fastest way to come to a settlement, or use the collaborative law process, which puts you and the other party in charge of all decision-making, allowing you to determine the most fair and appropriate solutions for your unique situation.

To learn more about how our divorce attorney can help you with your particular situation in Maryland, please email us or call us today at (301) 315-0001 to set up your FREE consultation.

(2/19/2025)