Montgomery County Divorce Attorney

Divorce can be a very traumatic experience for some people. It can trigger a lot of uncomfortable feelings and emotions including grief, anger, anxiety, frustration, and fear.

Trying to rationally address the legal issues that come with the end of a marriage can be difficult and stressful. Important matters like division of assets, child or spousal support, child custody, and visitation must be addressed.

When tensions are high, you need a knowledgeable and compassionate divorce lawyer by your side. If you are going through a divorce and you need to know your rights and entitlements, our Maryland family law attorney at Shah & Kishore can get you through with peace of mind.

How Shah & Kishore Can Help

  • While we are experienced and aggressive in family law litigation in Montgomery County, Maryland, we pursue an amicable resolution first, which can be faster, less expensive, and less stressful. Our approach is Amicable First, Tough Second.
  • We believe in compassionate advocacy and keeping the family structure as intact as possible after the separation. Our partner, Mr. Kishore, is trained as a mediator and is able to handle high conflict family disputes including child custody disputes.
  • Our firm also handles gray divorce cases, for those individuals who are divorcing past the age of 40. We can handle all the financial issues that are involved in those cases, which have complex marital property issues.

To get more information about divorce or if you need legal support to get you through it, call our firm today at (301) 315-0001 to schedule an appointment with our divorce attorney. Your initial consultation is free and we also offer a military discount for those who are in the military.

Divorce in Maryland

There are two types of divorces in Maryland – absolute and limited divorce.  An absolute divorce is final and actually ends a marriage and is a formal order issued by the family court at the end of divorce proceedings.  According to Md. Code, Family Law 7-103, an absolute divorce decree may be granted on either fault or no-fault grounds.  An absolute divorce based on no-fault grounds may be granted after a 12-month separation or with ‘mutual consent’ without a waiting period.  Divorces based on fault include grounds such as adultery, the cruelty of treatment, desertion, insanity, imprisonment for a crime, and vicious conduct.  To be granted a fault-based divorce, the spouse must have proof that the other acted in the way they are alleging.

While both fault and no-fault divorces are absolute, fault grounds can significantly impact issues such as alimony, financial support that one spouse pays to the other, property division, and child custody – particularly if the ground is harmful to the children.

After an absolute divorce, both parties are free to remarry and may ask the court to resume their former name.  The divorcing spouses may then ask the court to decide on the issues of alimony, division of property, and child custody and support.

A limited divorce, on the other hand, is a legal action that provides court supervision over a divorcing couple’s separation.  A limited divorce does not end the marriage but establishes specific legal responsibilities during the separation. Some people refer to limited divorces as legal separation, because the parties live apart but remain legally married.  A limited divorce can provide temporary decisions on alimony, child custody and support, property division, and health insurance coverage, among other issues. Limited divorces are typically used when spouses do not yet have grounds for an absolute divorce, are unable to settle their differences and provide mutual consent for an absolute divorce, or are in need of financial relief.

When Can You Get a Mutual Consent Divorce in Maryland?

Mutual consent is a relatively new option in no-fault divorces.  This allows divorcing spouses to file for an absolute divorce on no-fault grounds without a waiting period.  If there are no conflicts between the parties, they are able to agree on all issues concerning the divorce. Under Maryland law, one of the grounds for an absolute divorce is mutual consent.

Parties can get a divorce on the grounds of mutual consent if:

  • They are able to agree on and resolve all issues relating to alimony, distribution of property, and the care, custody, access, and support of minor or dependent children.
  • The parties submit to the court a written settlement agreement along with a completed court-approved child support worksheet, if there are minor or dependent children from the marriage.
  • Neither party approaches the court to set aside the settlement agreement before the divorce hearing in court.
  • If there are minor or dependent children, the court is satisfied that the settlement terms regarding the children are in their best interest.

Divorce can be very complex. Even if the grounds of your divorce is mutual consent, it is always worthwhile to have an experienced divorce lawyer look at your settlement agreement to ensure that your rights are adequately protected.

Residency Requirements for Divorce in Maryland

In order to file for divorce in Maryland, at least one party must be a Maryland resident, physically living in the state.  The specific length of residency required varies depending upon the type of divorce and where divorce grounds occurred.  For instance, if you are seeking a fault-based absolute divorce and the grounds occurred in Maryland, you only need to prove that you are currently residing in the state and there is no length requirement.  However, if the grounds occurred outside of the state, you or your spouse must have been residents for at least six months before filing for divorce.

Contact Maryland Divorce Lawyers at Shah & Kishore

Our divorce attorney knows that litigation is not always the best option for families. Our clients are extremely happy with our firm’s ability to resolve cases without going to litigation.

Our Maryland divorce lawyer works hard to resolve cases in a very quick and efficient manner without having our clients pay exorbitant legal fees unnecessarily, as large firms do.

We offer a free consultation, and a military discount for those who are in the military. Call us today at (301) 315-0001 to schedule your free consultation or contact us online.

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