Best Divorce & Separation Lawyers in Maryland

About Divorce & Separation Law in Maryland, United States

Divorce and separation laws in Maryland are designed to provide legal processes for ending a marriage or formalizing a separation. The state allows both no-fault and fault-based divorces, and it also provides ways for couples to legally separate without immediately divorcing. The law covers various aspects, including division of property, child custody and support, spousal support (alimony), and other critical issues. Maryland courts aim to ensure fair outcomes for both parties and any children involved. Understanding the state's unique legal procedures is important for anyone considering divorce or separation in Maryland.

Why You May Need a Lawyer

Divorce and separation can be complicated, and the stakes - involving finances, property, and children - are often high. You may need a lawyer if:

• One or both spouses disagree on significant issues, such as property division, alimony, child custody or support.
• Either party owns significant assets or debts.
• There is a history or threat of domestic violence or abuse.
• You are concerned about your parental rights or visitation agreements.
• You are worried about your financial stability after the marriage ends.
• Your spouse has already hired an attorney.
• You want to ensure all legal paperwork is completed correctly and timely filed with the court.
• You want help negotiating a settlement or representing you at hearings.

An experienced Maryland divorce lawyer can help you understand your rights and the best way to proceed.

Local Laws Overview

Maryland divorce law is governed by statutes found in the Maryland Family Law Code. Here are some key aspects:

• No-Fault Divorce: As of October 2023, Maryland allows parties to file for a no-fault divorce based on six months of separation, mutual consent, or irreconcilable differences. Parties are no longer required to prove fault, such as adultery or cruelty, but fault can still impact other issues.
• Separation: While Maryland does not recognize "legal separation," living separately can establish grounds for no-fault divorce. Couples may formalize separation terms through separation agreements.
• Property Division: Maryland follows the principle of equitable distribution, meaning marital property is divided fairly, but not necessarily equally. Non-marital property is generally excluded.
• Alimony: Courts may award alimony (spousal support) temporarily or permanently, based on various factors, including the length of the marriage, financial needs, and each spouse's ability to be self-supporting.
• Child Custody and Support: Maryland courts prioritize the best interests of the child and may establish sole or joint custody. Child support is calculated based on state guidelines, considering both parents' incomes.
• Residency Requirement: At least one spouse must have lived in Maryland for at least six months before filing for divorce if the grounds for divorce occurred outside the state.

Frequently Asked Questions

What are the grounds for divorce in Maryland?

Maryland allows no-fault divorces for reasons such as six months separation, mutual consent, or irreconcilable differences. Fault-based grounds still exist but are less commonly used.

How long does it take to get divorced in Maryland?

The time frame varies. An uncontested divorce with mutual consent can be granted relatively quickly, sometimes within a few months. Contested divorces can take much longer, depending on the complexity of the issues.

What is considered marital property in Maryland?

Marital property generally includes all assets and debts acquired during the marriage, regardless of whose name is on the title, except for gifts or inheritances to one spouse.

Do I have to be legally separated before getting divorced in Maryland?

No formal legal separation is required, but living separately for six months is one ground for a no-fault divorce. Separation terms can be outlined in a written agreement.

How is alimony determined in Maryland?

Alimony is not automatic. Courts consider factors like the length of marriage, age and health of each spouse, earning capacity, and contributions to the family, among others.

How do Maryland courts determine child custody?

Courts look at the best interests of the child. Factors include the relationship with each parent, each parent's ability to provide for the child, and the child's needs and wishes (considering their age).

What if my spouse and I agree on everything?

If both parties agree on all issues, they can file for an uncontested divorce. This typically allows for a faster and less expensive process.

Can I get divorced in Maryland if I was married in another state or country?

Yes, you can file for divorce in Maryland as long as one spouse meets the state's residency requirement.

How is child support calculated in Maryland?

Child support is determined using state guidelines that consider both parents’ gross incomes, the number of children, health insurance costs, daycare expenses, and other relevant factors.

Do I have to go to court for a divorce in Maryland?

In many cases, at least one court appearance is necessary, especially if you have minor children or there are unresolved issues. However, uncontested divorces may only require filing paperwork or a brief hearing.

Additional Resources

If you need more information or assistance, the following resources may be helpful:

• Maryland Courts - Family Law Self Help Center
• Maryland Legal Aid
• Maryland Volunteer Lawyers Service
• Maryland State Bar Association - Family Law Section
• Local circuit court clerks' offices
• Maryland Department of Human Services - Child Support

These organizations can offer legal information, guidance, and sometimes representation for those who qualify.

Next Steps

If you are considering divorce or separation in Maryland or are already involved in the process, here are steps to take:

• Gather important documents, such as financial records, property deeds, and information about debts and assets.
• Make a list of your goals and concerns regarding children, property, and support.
• Research your legal rights and Maryland's specific divorce laws.
• Contact an experienced divorce attorney to discuss your situation.
• Explore mediation or other dispute resolution options if you and your spouse are open to negotiation.
• Use reputable resources, such as those listed above, for additional support or self-help tools.

Taking early legal advice can help you avoid costly mistakes and protect your interests, whether your case is contested or uncontested. If you are unsure where to start, consider scheduling an initial consultation with a Maryland family law attorney.