Divorce Attorneys in Montgomery County, MD

Assisting Montgomery County Clients Facing a Divorce

In Maryland, couples wishing to end their marriage may file for absolute divorce or limited divorce. Absolute divorce is like a regular divorce in other states, in which both parties are no longer married and can remarry after the divorce is finalized. A limited divorce is similar to a separation, in which the couple remains legally married. A judge can then issue orders such as child support and child custody that will remain in place until the couple gets an absolute divorce or gets back together. Each of these processes has slightly different steps – our divorce attorneys explain the basics about filing for a divorce in Maryland.

What Happened to Limited Divorce and Legal Separation in Maryland?

Maryland lawmakers officially abolished limited divorce in late 2023 to simplify the legal process for everyone involved. Previously, many people used this option as a form of legal separation to resolve issues like child custody and alimony before they were eligible for a final decree. This two-step system often adds unnecessary stress and legal fees for families during an already difficult time. Today, our law firm focuses on helping clients move directly toward an absolute divorce. This modern approach allows you to reach a final resolution on marital property and parental rights much more quickly than the old system did.

The current family law matters in Montgomery County now prioritize permanent solutions. You no longer have to wait through a year of separation to address the most important aspects of your life. Our attorneys help you navigate the updated grounds for ending a marriage, which now include mutual consent and irreconcilable differences. These changes allow a spouse to protect their interests without having to prove fault or misconduct in court. This shift toward a no-fault system helps reduce the conflict that often harms children.

What Are the Steps to Filing for Divorce in Maryland?

To begin filing for divorce in Maryland, you will need to check if you meet the residency requirements for yourself, your spouse, and any children. The courts usually require that either spouse have lived in Maryland for at least six months before the divorce begins. This means that if your ex has lived in Maryland for that time but you have not, you may still file for divorce in Maryland. If neither of you has lived in Maryland for six months, then you might not be able to file for divorce in this state and may have to do so in your home state. If you are unsure about whether you meet the residency requirements, ask an attorney before filing any forms.

After checking that you meet the residency requirements, the next step is to file the initial paperwork, which usually includes a form called a Complaint about Absolute Divorce and another form called a Domestic Case Information Report. An attorney usually accompanies these, and they will typically prepare what is necessary for this first step.

These documents will contain essential information about your divorce, such as whether you are filing a contested or uncontested divorce, a no-fault or at-fault divorce, and what your legal reason for divorce is. It may also include information about whether you have a mutual agreement and your intentions for changing your last name after the process is complete. You may also add information about any financial support you will be seeking, and attach any property division or custody agreements you may have with your ex. There may be other items you will need to include, and an attorney can advise you on what else is needed for your specific case.

The next step is to file the documents with your local courthouse and, if applicable, pay any filing fees. If you cannot afford to pay the filing fees, you may ask the court to waive your fees by submitting an additional form. Once the forms and supporting documents are filed correctly, the court will set a trial date for your case. The timeline for this to happen varies depending on the county where you are filing for divorce.

Several days before the trial, your ex may be asked to submit additional documentation, including a joint listing of how the assets should not be divided. The last step to finalize your divorce after the trial is done is to file a Report of Absolute Divorce or Annulment of Marriage with the Division of Vital Records. After filing, the state will then send you your final divorce decree, which makes you legally divorced. This is just an overview, and it is strongly recommended that you seek the help of a divorce attorney to ensure your case goes smoothly and that your rights are respected in court.

How Does a Couple Prove a Six-Month Separation While Still Living in the Same Home?

A common concern for clients in Silver Spring and Germantown is how to meet separation requirements while still residing in the family home. High housing costs in Maryland often make it difficult for a spouse to move out immediately. Under current law, you can be considered separate and apart even if you stay under the same roof. The key requirement is that you and your spouse must lead separate lives for at least six months before you file for divorce. Our Montgomery County divorce lawyers help you document this arrangement to satisfy the court’s requirements.

Proving a shared-roof separation involves showing that you no longer live as a married couple. This includes sleeping in separate bedrooms and no longer sharing meals or household chores. You should also maintain separate bank accounts and avoid appearing as a couple in social settings. These actions demonstrate to the judge that your marriage has truly ended in a legal sense. Our law firm assists you in gathering the evidence needed to protect your right to a timely decree.

Maintaining a clear separation is vital when child custody and marital property are at stake. The court looks at the best interests of the children when deciding how to structure their future. Our family law attorneys work to ensure your living situation does not negatively impact the outcome of your case. We are here to represent your interests and help you plan for a stable future. Finding the right attorney can provide the clarity you need to navigate these complex requirements.

Does Maryland Have No-Fault Divorces?

In Maryland, divorces can happen due to one of the spouses’ actions that led to the end of the marriage (i.e., a “fault divorce”), or simply because both parties agree that the marriage is not sustainable and wish to end their relationship due to irreconcilable differences (a no-fault divorce). In order to initiate a fault divorce, you will likely need to have specific reasons (referred to as “grounds for divorce) to do so.

Some examples of divorce grounds accepted by the state of Maryland may include adultery, a felony or misdemeanor conviction resulting in a jail term of three or more years, or severe mental illness that resulted in one of the spouses being institutionalized for at least three years (accompanied by expert witness testimony that the condition is permanent and has no cure). In addition, victims of cruel treatment and abusive or violent behavior from their spouses may also file on the grounds of abuse. If filing for a no-fault divorce, spouses can simply claim mutual consent, especially when they can agree on many aspects of their most recent divorce.

How Is Property Divided in a Maryland Divorce?

Assets acquired by both spouses during the marriage may be considered marital property. The exception to that is when a spouse receives a gift or inheritance and uses those assets to purchase something, such as real property. In other words, even if a spouse inherited a vehicle from a deceased uncle during the marriage, and decided to sell that vehicle and purchase a newer vehicle, the newer vehicle will likely remain as separate property because it can be traced back to another piece of separate property.

When it comes to dividing property in a divorce, Maryland is not a community property state and follows the equitable distribution statute. This means that whatever assets counted as marital property are not necessarily split 50/50; they may be split in a way that the court finds fair. It is not unusual for each party to receive half of the marital property, but this may vary on a case-by-case basis.

In some cases, one spouse may attempt to sell or otherwise dispose of certain marital assets while the marriage is in crisis. If this happens, the court might consider the action fraudulent and a waiver of marital property. It may count the dissipated property as if it still existed at the time when marital property was divided.

The court may also decide to award money in place of dividing property and may consider several factors. It may be decided whether to split the property or require a monetary payment to the other spouse. The goal is to divide all marital assets fairly and equitably. This also applies to marital debt, which is any debt incurred by both spouses together during the course of the marriage. Marital debt is divided in the same manner as marital property.

How Can a Divorce Attorney Help Me?

Going through a divorce is an emotionally draining process by itself. Add to that the paperwork and formalities required to initiate the process, and it becomes an overwhelming task for most people. By hiring a divorce attorney, you may benefit in many ways. Your attorney will know how a particular court tends to deal with divorce filings, anticipate any issues, and even provide you with insight about the judge assigned to your case.

During the course of filling out the required divorce paperwork, you will likely need to make important decisions concerning the type of divorce you prefer and whether you want it to be settled quickly and amicably or whether you want the court to hold your ex accountable for his or her actions by going to trial. Your attorney can counsel you on all your options and help you make those important decisions more confidently.

In some cases, clients are exhausted and simply want the divorce process to be settled quickly, which may lead to mistakes and hasty decisions. Your attorney can assist you with taking steps in an objective, clear-minded manner without letting your emotions interfere with key decisions that will likely affect you and your children for many years.

At Paré & Associates, LLC, our attorneys have handled countless divorce cases in Germantown, Silver Spring, and throughout Montgomery County, Maryland, and the surrounding areas, assisting those seeking a fresh start in their lives. We know how emotionally tiring a divorce can be, and our attorneys have the knowledge and skills to help you every step of the way. If you are going through a divorce or simply considering it, you probably have a lot of questions. Call Paré & Associates, LLC today at (240) 201-2267 to schedule a consultation.