Germantown Divorce Lawyers
When people consider divorce, they may not understand the time and emotions that will be involved. Without proper legal guidance, a divorce can devolve into a difficult, contentious matter where the parties fight about every detail of the case. A resolution could seem nearly impossible.
However, with the help of an experienced Germantown divorce lawyer, you can have a fair resolution to your divorce with less acrimony. Fortunately, not every divorce requires litigation, so we will work with you to avoid that when possible. Our lawyers can strive for mediation, usually the simplest, least expensive, and fastest way to reach a divorce settlement.
Another option is to utilize the collaborative law process, which puts you and your spouse in charge of the decision-making process. This allows you to opt for the fairest and most appropriate solutions to your situation.
Shah & Kishore is an experienced, proven Germantown divorce law firm that can help you achieve a workable solution to your divorce. Contact our Germantown divorce lawyers today at (301) 315-0001 to set up a free consultation about your case.
Pending Changes in Maryland Divorce Laws
If you are considering a Germantown divorce, you should be aware of significant law changes that are pending in Maryland. Under current law, parties are able to obtain an absolute or limited divorce. However, as of Oct 1, 2023, new legislation will repeal the part of the law that allows parties to obtain a limited divorce. Also, the grounds are being changed for an absolute divorce to be granted in Maryland.
Under current law, Maryland law recognizes limited divorce and absolute divorce. With a limited divorce, you may obtain temporary relief if you are unsure that you want to terminate the marriage. When a limited divorce is granted, it does not end the marriage and you cannot be remarried. However, the legislation taking effect on Oct. 1, 2023, repeals the limited divorce provisions, leaving absolute divorce as the only option.
There also are several changes to the grounds to obtain an absolute divorce. The old law allows parties to obtain an absolute divorce in these circumstances:
- Conviction of a misdemeanor or felony with jail or prison time
- 12-month separation
- Cruelty of treatment
These grounds are being repealed effective Oct. 1, 2023. These are the new grounds for an absolute divorce in Maryland:
- Six-month separation if the two of you have lived separately and apart for six months non-stop before the divorce was filed. Importantly, separate and apart shall apply even if the two parties live in the same home.
- Irreconcilable differences according to the reasons that are stated by the complainant for the marriage to be permanently terminated. The law states that parties who have tried to live separately must be deemed to have lived separately and apart, even if they reside in the same home or the separation follows a court order.
- In permanent legal incapacity of someone who permanently does not have the capacity to make decisions.
While fault is being eliminated as grounds for divorce under the new law, fault could still play a role in Maryland divorces. Courts will still consider the factors that led to the estrangement when determining alimony and division of marital property.
Getting divorced under the new law could be easier because of the changes in the timeframe. Also, the couple may live under the same roof as they await the six-month separation time to pass. It is likely that stress and conflict between the couple and the effects on children could be reduced.
Hopefully, this will allow the family to transition as the divorce progresses more easily. Over the coming months, Shah & Kishore’s divorce attorneys will analyze the new law and how courts interpret it. Contact one of our attorneys today if you have questions about absolute divorce under the new law.
Who Can File For Divorce In Maryland?
You can get divorced in Maryland if you meet state residency and jurisdictional requirements. If you reside in Germantown or elsewhere in the state, there is usually no waiting period before you can file for divorce.
A possible exception is when the legal reason the divorce occurred is when you were not in the state. In this situation, you or the other party must have lived in the state for six months before the divorce can be filed. Gay and lesbian couples have the same legal rights in a divorce case as other couples.
How Is Property Divided In A Maryland Divorce?
Maryland courts divide marital property based on equitable distribution. This means the court will divide property based on what they think is fair under the case’s particular circumstances. However, questions may arise about what is and is not marital property. Your Germantown divorce attorney at Shah & Kishore can assist if you have questions about non-marital property.
How Long Does It Take To Get A Maryland Divorce?
Unlike some states, Maryland does not have a required waiting period before you can get a divorce. How long it takes to get divorced in Maryland depends on the case circumstances.
If the divorce is uncontested, it may take two to three months. State law requires the magistrate to have a final hearing to review the divorce agreement to ensure you meet all legal requirements. If the divorce court has a backlog of cases, it could take longer to schedule that hearing.
However, if the divorce is contested, you must proceed through multiple legal steps, which can add months to the divorce timeline. If going to trial is necessary, another year or more could be involved before the divorce is final. Speak to our Germantown divorce attorney today if you have questions about the timeline for your divorce.
Contact Our Germantown Divorce Lawyers
If you are considering divorce in the greater Germantown area of Maryland, it is critical to contact Shah & Kishore today. We can assist you in many ways with your divorce and ensure that you get the best outcome.
Our divorce law firm is based in Rockville but also serves clients in Germantown, Silver Spring, Potomac, Montgomery Village, Olney, and Burtonsville. Contact our Germantown divorce attorneys today to set up a free consultation, or call (301) 315-0001.