The rate of divorce has increased over the years, and much of it has to do with social acceptance of it. Social acceptance, however, does not make the dissolution of a marriage in Prince George's County any easier. When a marriage ends, you have decisions you need to make that will affect your future and the future of any children you may share with your ex-spouse. Getting the right information can help you make informed decisions.
At Patriots Law Group, our divorce lawyer knows you have questions. We help you understand your rights and responsibilities during this particularly difficult time. You do not have to endure a divorce alone. Get answers to your questions today and contact us online or at 301-952-9000 to schedule a consultation.
Uncontested and Contested Divorces In Maryland
The divorce process is dependent in part on whether it's contested or not. Uncontested divorces can move along rather quickly when the divorcing couple agrees on property division, spousal support, child custody, and child support. When one spouse challenges any of these matters, the divorce becomes contested.
The process will proceed to trial unless the soon-to-be ex-spouses can come to an agreement. Sometimes mediation or another alternative dispute resolution process may be used to help them come to that agreement.
Common Grounds for Divorce
In most states, you do not have to show fault in order to get a divorce. Most divorces today, in fact, are no-fault divorces. As of October 1, 2023, Maryland eliminated its fault-based grounds for divorce and now the only grounds that exist in Maryland are: (1) irreconcilable differences, (2) 6-month separation, or (3) mutual consent divorce. There are, however, some divorces where one spouse must or prefer––for strategic reasons––to show fault.
No-fault Divorces
When a marriage is deemed irretrievably broken or the spouses claim there are irreconcilable differences, a no-fault divorce may be sought. An irretrievably broken marriage simply means the couple is unable or refuses to cohabit, and no prospects for reconciliation exist.
Some locations that allow divorce on the grounds of irreconcilable differences may require separation for a certain time period.
Fault-Based Evidence
Although fault-based divorces are no longer available in Maryland, some people may still wish to present evidence that the divorce is based on the other parties' "fault" as a factor to obtain a better outcome for:
- Property division
- Spousal support
- Child support
- Child custody
The type of evidence typically used to prove the other party had "fault" in the breakup of the marriage typically includes things like:
- Adultery, the other spouse had an affair during the marriage
- Abandonment, the other spouse has physically left or has refused to engage in sexual relations for at least one year
- Cruel and inhuman treatment, the other spouse makes it unsafe or improper to live with them
- Felony conviction, the other spouse has been in prison for at least three consecutive years
- Substance abuse, the other spouse has an addiction to alcohol and/or drugs
Divorces cases aimed proving the other party committed "fault" tend to be far more contentious. They can, however, lead to better outcomes in property distribution, alimony, child support, and custody arrangements for the spouse who filed for the dissolution of the marriage.
Property Division
Property division is a key part of any divorce and involves marital property. Marital property is property acquired or obtained during the marriage as opposed to separate property that the spouse had prior to the marriage.
Types of marital property include:
- Real estate
- Bank accounts
- Investment property
- Vehicles, boats
- Furniture
- Artwork
- Pensions
- Securities
- Retirement accounts
- Debt
There are two ways this property is split, and it depends on your jurisdiction:
- Community property where assets are split 50-50; and
- Equitable distribution where assets are divided fairly and not necessarily equally.
In Maryland, the law uses the "equitable distribution" method and reviews the several factors setout in the Maryland Property Act (See Section 8-201 of the Maryland Family Law Article).
Spousal Support in Maryland
Spousal support, also commonly referred to as alimony, is not awarded as often as it was in the past. Its purpose is to make sure the divorce does not result in an unfair economic situation for the dependent spouse. The couple can agree to alimony or the court can order it. Decisions about alimony are made based on many factors which are setout below (See Section 11-106 of the Maryland Family Law Article).
- The ability of the parties seeking alimony to be wholly or partly self-supporting;
- The time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
- The standard of living that the parties established during their marriage;
- The duration of the marriage;
- The contributions, monetary and nonmonetary, of each of the party to the well-being of the family;
- The circumstances that contributed to the estrangement of the parties;
- The age of each party;
- The physical and mental condition of each party;
- The ability of the party from whom alimony is sought to meet that party's needs while meeting the needs of the party seeking alimony;
- Any agreement between the parties;
- The financial needs and financial resources of each party, including:
- All income and assets, including all property that does not produce income;
- Any monetary award concerning property and award of possession and use of the family property;
- The nature and amount of the financial obligations of each party;
- The right of each party to receive retirement benefits; and
- Whether the award would cause a paying spouse or a spouse who is a resident of a care facility with more than two patients to become eligible for medical assistance earlier than would otherwise occur.
Child Custody in Maryland
Child custody is one of the most contentious areas of a divorce. It's highly emotional and can cause serious bitterness. Courts prefer both parents partaking in a child's life and, as such, accommodate joint custody, which includes physical and legal custody. In some situations, one parent may have sole custody while the other may have visitation rights. Courts determine child custody based on what is in the child's best interest. Read our FREE eBook to learn more about Child Custody in Maryland.
Child Support in Maryland
Both parents are required to provide financial support for their children. When a parent has primary custody and the financial circumstances require it, the court may order child support. Most courts will use a child support calculator to help determine the amount.
Contact a Divorce Attorney in Maryland Today
There's a lot to consider when you are going through a divorce. The decisions made during this time will impact you and your family's life for quite a while. It's important to get guidance from a family law attorney who will advocate for you and your family. Contact us online or call us directly at 301-952-9000 to schedule a consultation.
