Rockville Maryland Divorce Attorney

We know that divorce is difficult, stressful, and emotionally draining. As your advocate, the family law team at The Law Office of Rahul 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.

Many people in Maryland will want to seek the help of a skilled Rockville divorce lawyer when they know that their marriage is coming to an end and court appearances are likely to be in the future. You need to remember that divorce remains an adversarial process in which many of the areas of dispute can be extremely complex, so legal representation often proves necessary for achieving workable solutions.

Types of Divorce Cases in Maryland

As the Maryland Courts website notes, there are two kinds of divorce in Maryland.

Absolute Divorce

An absolute divorce will legally end a marriage. After a decree of absolute divorce is entered, the parties will be able to remarry. A decree of absolute divorce is a formal order issued by a court to end a divorce proceeding. Following an absolute divorce, one party will no longer be able to inherit property from the other. All property owned by the parties jointly as spouses automatically becomes property held in common, meaning each party owns one-half. Parties can seek judgments on matters of alimony, child custody, child support, and division of any marital property.

Limited Divorce

Limited divorces are legal actions in which a couple’s separation is supervised by a court, and a limited divorce will not legally end a marriage. The limited divorce process is often used by people who do not currently have grounds for absolute divorce, need financial relief, or cannot settle their differences privately.  

A person qualifies for a limited divorce in Maryland if they meet residency requirements, grounds, and other legally prescribed laws. If a court orders a limited divorce, the divorce is not permanent. Many refer to the process as legal separation. A limited divorce could be indefinite or for a limited time only, and both spouses can jointly ask the court to revoke a limited divorce at any time. 

When a court grants a limited divorce, it will determine if either party was at fault. A limited divorce can involve temporary decisions concerning child custody, alimony, child support, health insurance coverage, and division and use of personal and real property. 

During a limited divorce, the parties can live apart but will remain legally married, so neither spouse can remarry, there will be a documented date of separation between the spouses. When spouses have sexual relations with each other after the documented date, it will restart the time requirements for absolute divorce based on the ground of separation.

Any sexual relations between one spouse and a third party during a limited divorce is considered adultery, one spouse dying while a limited divorce is in place means the other spouse inherits property, and unless a divorce decree says otherwise, forms of ownership for any property people own as spouses stay the same.

Grounds for Divorce

When spouses are divorcing, one spouse needs to allege a legal ground for the divorce. Grounds for divorce will be the regulations that specify the circumstances under which a person can be granted a divorce.

To obtain a fault-based divorce, a person will have to prove to a court that a spouse acted in a certain way. If a person cannot prove a fault-based ground for divorce, they may still be able to file for divorce based on a no-fault ground of a certain separation period or mutual consent. 

A person filing for a no-fault divorce does not have to prove that a spouse committed any misconduct. Fault grounds can be important because they may impact alimony or property division decisions and could also affect child custody when the conduct was harmful to a child.

Adultery

When it comes to grounds for divorce, adultery is a fault-based ground for divorce in which there is no waiting period. When a party claims and proves that their spouse committed adultery, a court may grant a divorce immediately.

Proving adultery in court does not require showing that actual intercourse occurred, but proving that an offending spouse had both the disposition and opportunity for intercourse outside of marriage. An adulterous disposition could be gleaned from public displays of affection at a local Rockville nightclub, while an adulterous opportunity could involve a spouse being seen entering a non- spouse’s residence late at night and not emerging until the following morning.

Adultery can be a factor in alimony decisions and possibly child custody if a court determines that adulterous behavior had a harmful effect on children.

Desertion

Desertion is another fault-based ground for divorce that may be actual or constructive. Actual desertion involves a deserting spouse abandoning the marital home without justification, while constructive desertion is when a spouse who leaves is justified and a court will consider the leaving spouse the deserted one.

To prove actual desertion, a spouse seeking a divorce must prove a desertion continued uninterrupted for 12 months, a deserting spouse intended to end a marriage, cohabitation ended, a deserter’s leaving was not justified, the parties are beyond reasonable hopes of reconciliation, and the deserted spouse did not consent to the desertion. 

Constructive desertion will require proof of the same elements, but a court will consider justifications for constructive desertion such as cruelty as well as the nature and duration of misconduct, the length of time a leaving spouse enduring misconduct, and what attempts a leaving spouse made to try to save the marriage.

Cruel Treatment

Cruel treatment of a spouse can be another fault-based ground for divorce when the conduct endangers the life or health of another person or their minor child and makes cohabitation unsafe. Single acts of cruelty can be grounds for divorce when a party intends to do serious bodily harm or acts severe enough to threaten serious possible danger in the future.

Mental Abuse

Mental abuse can also be cruelty as a ground for divorce. There is no waiting period for cruel treatment, as a party can immediately file for divorce based on any kind of cruel treatment or excessively vicious conduct.

Criminal Conviction of a Spouse

Obtaining a divorce based on a criminal conviction will involve a spouse proving their spouse was convicted of a crime in any state, received a jail sentence of more than three years, and has served 12 months in jail or prison at the time of filing for divorce. 

Insanity of a Spouse

When the grounds for divorce are insanity, a person will need to prove a spouse is considered permanently incurable if they were confined to a mental institution, hospital, or other institution for a minimum of three years prior to filing for divorce.

Also, at least two physicians competent in psychiatry must have testified that the insanity will be permanently incurable and the case involves no hope of recovery, and one party has been a resident of Maryland for a minimum of two years prior to filing for divorce.

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 Rockville 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.