Answers to Frequently Asked Questions About Maryland Divorce

It is normal for you to have questions about divorce. Whether you’re about to go through it or you are dealing with post-decree issues, you have the right to information and competent legal counsel to provide you advice. Understanding both your rights and obligations can help you immensely in dealing with family law issues.

At RPM Law, our Maryland divorce attorneys are highly knowledgeable and are ready to help. We answer some of the most frequently asked questions. Our team is available to answer any questions you have about your unique case when we represent you. 

1. What Are the Grounds for Divorce in Maryland?

Maryland no longer utilizes fault-based divorce, but you may still hear people talk about it. Fault-based grounds used to include:

• Adultery
• Cruelty
• Incarceration
• Insanity
• Desertion

No-fault divorces are now the only type of divorce available in your case. Now, there are three no-fault grounds for divorce:

• You are separated for at least six months
• You have irreconcilable differences with the other spouse
• You each consent to the divorce

No-fault grounds are much simpler and fairer. It creates less acrimony during the proceedings and can make the need of your marriage a less difficult experience. 

2. Can I Still Get a Limited Divorce?

Like fault-based grounds, you may have heard people talk about getting a “limited divorce.” When Maryland updated its divorce laws, it removed the option for a limited divorce.

3. What is the Difference Between Spousal Support and Alimony?

Spousal support and alimony are the same thing. These terms are used interchangeably by many people, and different states use different terms to refer to the same thing.

Both refer to the support one spouse pays to another as part of the divorce. Maryland utilizes rehabilitative alimony to help one spouse become self-supporting and then the support ends after a specified period. Maryland uses indefinite alimony to support one spouse who cannot become self-sufficient because of unique characteristics they have.

4. Who Gets the Kids in a Maryland Divorce?

Maryland determines child custody based on the best interests of your children. It will consider factors like:

• The child’s age, emotional needs, and their stage of development
• What the child wants, if appropriate to consider
• Each parent’s ability to meet their child’s emotional and physical needs
• The stability of each home
• The nature of the child’s relationships with parents and others in the household
• Each parent’s willingness to foster a positive relationship between the child and the other parent
• The ability of each parent to co-parent and communicate well
• Whether there is any history of neglect, abuse, or exposure to domestic violence

These and many other factors can impact the custody arrangements in your case.

5. How Do We Divide the Property in Our Divorce?

Dividing up property is often one of the more difficult areas for people to agree. Your stuff is valuable to you, both financially and intrinsically. It can be hard to let go of things you got together, as a great deal of sentimental value attaches as well.

Courts use equitable distribution to divide the property up. In basic terms, the court seeks to divide things fairly, though not necessarily equally. The court must also determine whether property is marital property or separate property. Separate property usually belongs to the person that owned it before the marriage, or that was acquired during the marriage as separate property.

6. Do I Need a Lawyer for a Maryland Divorce?

Maryland law does not require an attorney, but one is highly suggested for many reasons. Divorces are complicated. Your rights are impacted regardless of your situation. Cases with high-value assets, children, pets, or other unique characteristics also need the attention of a skilled lawyer.

Work with a Skilled Maryland Divorce Lawyer for Help

Your divorce will likely lead to many more questions than these. We are here to help you answer those questions through a consultation. Get the critical information you need to protect your legal rights and move through the divorce process as smoothly as possible. Our team at RPM Law stands ready to help with your child custody needs. Contact us today for a consultation.