Are you thinking about divorce or separation? We have been a divorce attorney in Montgomery County, Maryland for Over 30 years. The most valuable advice We can give you is to PLAN for your separation and PLAN for your divorce. Planning for your divorce or separation requires researching and learning what the rules are, and then establishing goals for your separation and divorce. Because We have been a divorce attorney in Montgomery County, Maryland for Over 30 years, We know the Courts and the judges, and We can help you prepare for your separation and divorce by helping you establish reasonable goals and a PLAN to get there. We are dedicated to giving you the personal attention you need and deserve to make the important decisions involved with getting a divorce or separation.

General Information:

  1. What Steps Should We Take When We are Preparing To File For Divorce?
  2. Seven Steps to Protect Yourself Financially When Preparing For Divorce
  3. Do We Have Any Legal Right To Continue Health Coverage After A Divorce?
  4. What Are Guidelines For How Much And Who Will Pay Alimony In A Divorce Case?
  5. Can A Child Decide Who He Or She Will Live With?
  6. Will We Automatically Receive Child Support If We Have Primary Custody Of A Child?
  7. Divorce Trends In The State Of Maryland
  8. What Is A Divorce Like In Maryland?
  9. What Is The Process Of Divorce Like In Maryland?


Whether you are filing for a divorce or separation due to unreconcilable differences, adultery, domestic violence, or some other conflict, hiring the right divorce attorney is may make all the difference. You want to avoid a contested divorce, and the way to do that is to plan it out. The divorce process may involve the division of marital assets, alimony, child support, or child custody depending on your circumstances. These issues are usually central to anyone’s life, health and happiness. Understanding how the Judges in your courthouse view and resolve issues involving child custody, alimony and the like is essential to know so that you can establish obtainable goals with regard to divorce, custody and alimony. Also understanding the laws that govern divorce, alimony and child custody are essential to understanding what the likely results may be. Clearly, if you need alimony, or your spouse is demanding that you pay alimony, your financial future is at risk and it is critical that you employ an attorney from Montgomery County to defend your financial interest.

Similarly, if your spouse wants primary residential custody of the children, or sole legal custody, your rights of access to your children are at risk. You must work with an attorney experienced in child custody in Montgomery County, Maryland.



A limited divorce is akin to a legal separation. You are technically married if you have a “limited divorce”. Most often, people get a limited divorce when they are not eligible to get an absolute divorce. There are instances when people want to get a divorce, but still want to enjoy some benefits only available to married people. For example, your spouse may be employed and your health insurance through your spouse’s employer may cost just a few hundred dollars a month. If the same health insurance would cost significantly more money on the open market, you might feel incentivized to opt for a limited divorce instead of an absolute divorce, as you would remain eligible for your spouse’s health insurance benefits under a limited divorce.

Additionally, getting a limited divorce would allow you to transfer property to your spouse without taxable consequences; however, after an absolute divorce, a transfer of property to your former spouse is a taxable event. A limited divorce may also be useful for elderly couples who want to be divorced, but want to retain the right to inherit from the spouse without taxable consequences.
Read More: Prenuptial Agreement


An absolute divorce is what most people are familiar with – the marriage ceases to exist upon divorce. To obtain an absolute divorce you must prove “grounds”. All absolute divorces require that you reside in the State of Maryland for at least 6 months, or that the grounds for divorce arose in Maryland. In Maryland, possible grounds for divorce are:

1) Twelve-month separation

A twelve-month separation means that you and your spouse are living separately without cohabitation (not sleeping under the same roof and not having sex) for a period of twelve contiguous months or more before you can proceed with a divorce.

2) Mutual Consent Divorce

To be eligible for a divorce on the ground of “mutual consent” you can not have any minor children in common, you must have a written and signed separation agreement that resolves all issues arising from the marriage, neither party can have filed to set aside the agreement prior to the divorce hearing, and both parties must appear at the divorce hearing.

3) Adultery

Adultery means that a spouse engaged in sexual intercourse with a third party during the course of the marriage. A spouse can divorce the other if he/she can prove that the other engaged in sexual intercourse with a third party. It is not necessary to prove actual intercourse – just that there was a disposition (like a public display of affection) and opportunity (for example, going into a hotel with the third party). It is not clear whether “adultery” can technically occur in same sex relationships because of how adultery is defined.

4) Actual Desertion

Desertion can be actual or constructive. Actual desertion is when a spouse leaves the marriage without justification or excuse. To obtain a divorce on the grounds of actual desertion, the spouse must prove that (1) the deserting spouse intended to end the marriage, (2) the parties are not cohabiting, (3) the deserting spouse is not justified, (4) there is no hope of reconciliation, (5) the spouse did not consent to the desertion, and (6) the desertion has continued for twelve months or more.

5) Constructive Desertion

Constructive desertion is when a spouse is driven out of the marriage because of bad behavior by the other spouse. A party moving for a divorce on the grounds of constructive desertion must prove the same elements necessary for a divorce on the grounds of actual desertion. However, divorce on the grounds of constructive desertion often involves cruelty, and the separation is not necessarily physical. In a divorce under the grounds of constructive desertion, the court will consider the nature and duration of the behavior, the effect of the behavior on the other spouse, and any effort by the spouse to remedy the situation. Divorce on the grounds of constructive desertion is granted if the court finds that the moving party will be in harms way if the divorce is not granted.

6) Cruelty of Treatment

Divorce is granted on the grounds of cruelty of treatment if the court finds that it would be unsafe for the spouse or the children to continue cohabitation. A single act of abuse, if serious enough, is sufficient to be granted a divorce on the grounds of cruelty. Cruelty can include mental abuse, if the court finds that continuing the relationship is likely to seriously impair the health or happiness of the spouse.

7) Conviction of a Crime that results in a jail sentence of 3 years or more

You can get a divorce on the grounds of incarceration if your spouse has been convicted of a crime, sentenced for 3 years or more, and has served a full year of the sentence.

8) Insanity

To get a divorce on the grounds of insanity your spouse must be institutionalized and declared incurably insane by two doctors or mental health professionals.


During a divorce, it is almost inevitable that you and your spouse will have disagreements about how to divide property. As your divorce attorney, We will advocate for a favorable division of marital properties to support your situation. We will be by your side to advocate for your share of marital property, including, but not limited to, homes, cars, bank accounts, and retirement accounts.

We are experienced in pursuing and defending divorces in Maryland. We have been a divorce attorney in Montgomery County, Maryland for Over 30 years, helping people get divorces throughout Montgomery County including in Bethesda, Germantown, Rockville, Damascus, Kentlands, Poolesville, Boyds, and so forth. Please call us for a free fifteen-minute phone consultation if you would like to discuss your divorce case.

Call us today at 301-515-1190 or contact us online.