BurtonFirm

Divorce is a deeply personal process, and finding the right approach can make a significant difference for you and your family. In Maryland, three primary methods for handling divorce are collaborative, mediation, and litigation. Each option varies in cost, time requirements, and the level of satisfaction it can offer. Litigation is often the most expensive and time-consuming option, involving court battles that leave decisions in the hands of a judge, which can lead to dissatisfaction for one or both parties. Mediation, on the other hand, allows couples to work with a neutral mediator to resolve issues together, offering a cost-effective solution that fosters cooperation and typically results in higher satisfaction. However, the time required can vary depending on how quickly agreements are reached. Collaborative divorce offers a structured alternative where each spouse is represented by a trained collaborative lawyer, with neutral experts assisting as needed. This method balances the cost and time of mediation and litigation while avoiding the contentious nature of court battles. Choosing the right method is critical to ensuring a smoother process. Consulting an experienced Maryland divorce lawyer can help you navigate this challenging time and find the option that best suits your needs.

In Maryland, there are two types of divorce: absolute divorce and limited divorce, each serving distinct purposes. Absolute divorce is a permanent and final dissolution of marriage, allowing individuals to remarry. During these proceedings, the court resolves issues such as alimony, child custody, child support, and property division. To obtain an absolute divorce, specific legal grounds must be met. These include adultery, desertion for 12 months, living separately for 12 months without interruption, a felony or misdemeanor conviction with a sentence of 3 or more years (and at least 12 months served), permanent insanity requiring institutionalization for over three years, cruel treatment, or mutual consent. Mutual consent, introduced in 2015, allows couples without minor children and with agreed-upon terms for alimony and property division to finalize their divorce without fault or prolonged separation.

Limited divorce, on the other hand, is a court-supervised separation for couples who lack the grounds for absolute divorce or cannot privately resolve their differences. While living apart, spouses cannot remarry, and sexual relations outside the marriage are considered adultery. Grounds for limited divorce include cruelty, desertion, or separation. The court may establish terms for child custody, child support, spousal support, and property division on a temporary or permanent basis. A limited divorce can be revoked if both parties agree to reconciliation.

Divorce can be a challenging and emotional process with lasting implications for families. Consulting an experienced Maryland divorce lawyer is essential to navigate the complexities of the legal system, ensure your rights are protected, and make informed decisions for the future. The Burton Firm offers compassionate and skilled legal support to help clients through this difficult time.

Most people feel a sense of sadness when something comes to an end. Whether it was good or bad, there is still that feeling of loss and we’re sad to see it go. When it’s a marriage that is coming to an end, families are affected and that feeling of loss is magnified. When that end comes about because of adultery, the pain and sorrow can be unbearable for some, and in Maryland, proven adultery as a ground for divorce will affect the amount of alimony you pay/receive, and the amount of time you get to spend with your children post-divorce.

In a Maryland divorce, a wife may be entitled to a fair share of marital property through equitable distribution, alimony, and child support if applicable. Marital property includes assets acquired during the marriage, while non-marital property, such as assets obtained before marriage or inheritances, is typically excluded. Alimony may be awarded based on factors like the length of the marriage, financial needs, and the ability of each spouse to support themselves. Child custody and support are determined in the best interest of the child, and retirement benefits may also be divided. The court’s goal is to ensure fairness based on the unique circumstances of each case.

According to Maryland state law, the division of marital property in the case of divorce must be equitable, meaning it must be fair, not necessarily equal. Some couples are able to come to an agreement about how everything should be divided without legal intervention, and are able to submit an agreement for court approval. Others need the help of a divorce attorney in Maryland or mediators to assist in the negotiation of a settlement.