TopTips for a Smooth Divorce Process in Maryland

As a Maryland divorce attorney, I’ve witnessed firsthand the challenges that couples face when navigating the complexities of divorce. The emotional and legal hurdles can be emotionally charged, but with careful planning and adherence to Maryland’s divorce statutes, it’s possible to manage a smoother divorce process. Here, I offer you some of the best tips based on Maryland laws to help ease the journey.

Understand the Grounds for Divorce

As of October 1, 2023, Maryland law no longer allows limited divorces, meaning only absolute divorces are permitted. To obtain an absolute divorce, the acceptable grounds are mutual consent, irreconcilable differences, or a six-month separation. Under mutual consent, both parties must agree on all key issues, such as alimony, property division, and matters concerning children. Irreconcilable differences allow one spouse to demonstrate a permanent breakdown of the marriage. These changes to Maryland’s divorce statutes aim to streamline the divorce process, making it clear that Maryland now focuses solely on finalizing marriages through absolute divorce.

Prepare Financially

One of the most significant aspects of divorce is the financial settlement. It’s vital to have a comprehensive understanding of both your and your spouse’s financial situation. Gather documentation related to all assets, debts, income, and expenses. Maryland is an equitable distribution state, meaning the court will divide marital property fairly but not necessarily equally. Proper documentation will help ensure a fair distribution of assets and liabilities.

Consider Mediation

Maryland courts often encourage mediation, especially in cases involving child custody and property disputes. Mediation involves a neutral third party who helps both parties reach an agreement. It can be a less adversarial and more cost-effective alternative to traditional court proceedings. Additionally, it offers a more private way to handle sensitive issues and often leads to more amicable settlements.

Manage Your Emotions

Divorce is an emotionally turbulent process. However, decisions driven by anger will complicate proceedings and might lead to unfavorable consequences. It’s always beneficial to approach the divorce process from a rational, informed perspective. Consider seeking support from therapists or counselors who can provide strategies to manage stress and emotional upheaval during this challenging time.

Stay Informed On Parental Responsibilities

If you have children, their well-being should be a priority. Familiarize yourself with Maryland’s child custody laws. The court will always look to the best interests of the child when making custody decisions. This includes considering the child’s relationship with each parent, the parent’s ability to care for the child, and the child’s school and community ties. Child support is determined based on the following main faction: the actual access schedule that is agreed upon by the Parties or Ordered by the Court; the income of the Parties: any child care expense incurred for the child/children; and the health insurance cost for the child/children.

Document Everything

Throughout the divorce process, keep detailed records of all communications and transactions. This includes emails, text messages, and letters, as well as financial documents such as bank statements, tax returns, and property deeds. Documentation can play a critical role in all contested divorce proceedings, especially if the case involves disputes over property, custody, or support.

Hire An Experienced Maryland Divorce Attorney

Navigating Maryland’s divorce laws can be complex, and the guidance of a knowledgeable attorney is invaluable. An attorney can provide clarity on legal standards, represent your interests in negotiations and court, and help streamline the process to avoid unnecessary complications. They can also ensure that all legal requirements are met, and your rights are protected throughout the process.

By following these tips, you can work toward a smoother divorce process in Maryland. Remember, the goal is not just to end the marriage but to do so in a way that positions you for a stable and positive future.

Maryland Divorce FAQs

How Is Property Divided In A Maryland Divorce?

Maryland follows the equitable distribution model, meaning that marital property is divided fairly but not necessarily equally. This means that the court will consider various factors, such as the duration of the marriage, each spouse’s financial contributions, and future financial needs in order to determine a fair distribution of assets.

Can I Get Alimony In Maryland?

Yes, alimony can be awarded to either spouse and is based on multiple factors including but not limited to the ability of the paying spouse to support the recipient and the recipient’s need to receive alimony to sustain the same standard of living she enjoyed during the marriage. Alimony can be temporary, rehabilitative or indefinite.

What Should I Know About Child Custody In Maryland?

Child custody decisions are made based on the best interests of the child.  Some of the factors considered by the Court are the age of the child/children, the fitness of the parents, the child/children’s preference, and the ability of each parent to provide for the child’s emotional and physical needs. There are numerous other factors that the Court considers when a Custody matter is being litigated.

How Long Does It Take To Get A Divorce In Maryland?

The duration of a divorce in Maryland can vary significantly depending on whether the divorce is contested or uncontested and the complexity of the marital issues involved. An uncontested divorce where both parties agree on all terms can be finalized within a few months. However, a contested divorce, where disputes over assets, alimony, or custody exist, can take a year or longer, especially if it goes to trial.

Is Mediation Required In A Maryland Divorce?

The Courts in Maryland do require Parties to go to Custody Mediation unless there is an allegation of abuse toward a Party or Child and/or if a Protective Order was granted. Mediation can help reduce the emotional and financial costs associated with divorce proceedings and can lead to more amicable settlements. Even with regard to non-custodial issues, couples may choose and the Court may order mediation, which is called Alternative Dispute Resolution (ADR) to resolve issues more collaboratively and without the need for prolonged court battles.

For any other questions or to discuss your divorce options, contact Shah & Kishore for a free consultation. We’re here to provide the support and guidance you need during this difficult time.

Call Our Maryland Divorce Attorney For Your Free Consultation

If you’re facing the prospect of divorce, you don’t have to go through it alone. At Shah & Kishore, we understand the intricacies of Maryland divorce law and we are here to guide you every step of the way. To schedule a free consultation and discuss your specific situation, please contact our Maryland divorce attorney by calling (301) 315-0001. Our team is committed to helping you navigate your divorce with dignity and peace of mind.

(Updated 10/24/2024)