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RPM Law – Dedicated Divorce and Family Law Attorneys in Maryland

Filing for Divorce in Maryland

Representation for Divorce in Annapolis, and surrounding jurisdictions. Anne Arundel County, Calvert County, Queen Anne’s County and the Eastern Shore, Howard County, Baltimore County, and Baltimore City

RPM Law

One of the most challenging aspects of going through a divorce or dealing with family law issues is the uncertainty of the outcome. Unfamiliar experiences and uncertain results from these real, permanent changes in your life can be extremely stressful. Our empathic and tenacious approach will give you confidence that we will protect your interests and do our best to achieve a positive outcome.

The journey through family court is not just a legal process; it’s a profound life transformation that affects every aspect of your being – emotionally, financially, parentally, and socially. In Maryland, the legal system for divorce is meant to resolve these significant matters fairly, but navigating it without experienced guidance can lead to unnecessary difficulties and negative consequences. This comprehensive guide aims to simplify the process, explaining key concepts, steps, and strategic considerations to help you as you progress.

For advice specific to your situation, call (443) 333-4343 to schedule a consultation with one of our Annapolis divorce attorneys.

Understanding the Maryland Divorce Landscape: Absolute vs. Limited

At the outset, it’s important to understand the two main types of divorce in Maryland: absolute and limited. Absolute divorce permanently and finally ends a marriage. This type of divorce is a final decision that resolves all related matters, including how property will be divided, alimony payments (if applicable), custody and visitation arrangements for any children, child support obligations, and any changes to the spouses’ last names. It’s the legal end of a marital relationship.

In contrast, a limited divorce is a legal separation that does not dissolve the marriage. It addresses critical issues such as child custody, child support, and alimony while the parties are separated, but it does not end the marriage. A limited divorce can be a useful tool for establishing temporary stability and providing legal boundaries when immediate divorce is not possible or desirable. For example, it may be used when the mandatory waiting period for a no-fault divorce has not been met. This type of divorce provides a court-ordered plan for co-parenting and financial support during the separation, helping to prevent one party from being left in an unequal position.

  • I had an incredible experience with Nick Mastracci and the entire Rice/Posner/Mastracci Firm. Nick was instrumental in helping me work through a difficult divorce – he was always responsive to my desires and helped me work through the process every step of the way. He was an incredible source of advice and was able to work very well with my former spouse’s lawyer to keep things from being angry or contentious – that was my desire. Nick also helped my daughter with a very challenging child custody situation with a perfect result for her and my grandson. I give Nick my very highest, most heartfelt endorsement for any family law matters needing kind, thoughtful, professional legal representation.

    Lewis


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What are the Grounds for Divorce in Maryland?

To file for an uncontested divorce, one must have a legally recognized reason. Maryland offers both “no-fault” and “fault-based” grounds, and choosing the right option can significantly impact the outcome of the proceedings, especially regarding alimony and property issues. The primary no-fault grounds are:

  • Mutual Consent: This requires an executed written separation agreement that resolves all issues (property, alimony, custody, support), and the mutual agreement to divorce. There is no need for a separation period if all terms are agreed upon.
  • Irreconcilable Differences: This applies when there is no hope of reconciling. If there is not a separation agreement, both parties must live separately for 12 months without cohabitation. If a separation agreement exists, the period is reduced to 6 months.
  • Twelve-Month Separation: This is the standard ground when both parties have been separated for at least 12 months with no sexual relations, without an agreement beforehand.

It is important to note that Maryland law recognizes separation even when parties are living under the same roof. In order to establish separation while cohabiting, couples must demonstrate that they are leading separate lives – sleeping separately, not sharing meals or social activities, managing finances independently, and presenting themselves as separate to others. This nuanced understanding is crucial for many couples who find it financially or logistically impossible to maintain separate households during a separation period.

Fault-based grounds for divorce include adultery, desertion, criminal conviction leading to imprisonment, abusive conduct, and mental illness. Pursuing a divorce on the basis of fault can be more contentious and requires proving wrongdoing in court, but it may allow for shorter waiting periods and may influence a judge’s decisions on spousal support and property division.

What is Uncontested Divorce?

An uncontested must have two factors:

  1. Both parties agree to get a divorce
  2. Both parties have reached a full and final agreement on all issues relating to you divorce, which usually are memorialized in a separation agreement, (known as a Marital Settlement Agreement). The issues to be included would be physical custody, legal custody, child support, alimony, and property division.

Some of the common issues that both parties can agree on pertain to things like division of assets, child custody, visitation, and more. Because you and your spouse have reached an agreement on all outstanding issues, an uncontested divorce takes less time, costs less money, and is much more amicable than a contested divorce.

It is important to remember that both parties do not have to completely agree on terms right away. Our firm can take you step-by-step on each of the processes, as we know how stressful this entire ordeal can be.

What is Contested Divorce?

Contested divorce occurs when the parties cannot reach a full agreement on all outstanding issues, not agree upon grounds for the divorce. Certain issues that are disagreed on frequently may include:

  • Who gets custody of the child/children.
  • How much child support should be paid.
  • The amount or term of alimony.
  • If the validity of a prenuptial agreement be proven.
  • How the property should be divided.
  • The grounds for divorce.

If your case does not settle before trial, then a judge will decide any of the contested issues. The divorce attorneys at RPM Law have decades of trial experience and will be fierce advocates for you in the courtroom.

  • Divorce isn’t a fun process, especially when it is unexpected. I was a bit lost but a close friend recommended Samantha Posner. Samantha ensured the process was smooth and resolved efficiently. As an attorney myself, we aren’t always easy clients but Samantha easily met the challenge. If I ever find myself in a situation that requires a family law attorney again (let’s hope not), I will retain Samantha again

    Joshua

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Why Legal Representation is Non-Negotiable

Navigating a divorce without the assistance of an attorney can be a high-risk undertaking. The legal processes are complex, with strict procedural rules, and mistakes can lead to permanent financial and parenting consequences. A seasoned family law attorney goes beyond simply filling out paperwork; they act as your strategic partner, advocate, and guide. They ensure that your rights are protected throughout negotiations, helping you avoid potential pitfalls in settlement agreements, gathering and presenting compelling evidence, navigating the emotional challenges of the process, to help you make clear-headed decisions. They also know the local nuances of our jurisdiction, including the courts in Annapolis, Anne Arundel County, Baltimore City, and on the Eastern Shore. Your case is presented in a way that takes into account local judicial trends to ensure its success.

At RPM Law, we understand that you are more than just a case file. You are a person facing one of the most difficult challenges in life. We are dedicated to providing you with clarity, support and strong representation so that you can move forward with your future intact. If you are considering or facing divorce in Maryland, please contact our office for a private consultation to discuss your unique situation and how we can assist you in navigating the road ahead.

If you are contemplating divorce, call our lawyer at (443) 333-4343 to discuss the options that are available to you under Maryland state law

Common Filing for Divorce FAQs

What does “equitable distribution” of property mean in a Maryland divorce?

Equitable distribution means marital property is divided fairly, but not necessarily equally. The court considers various factors like each spouse’s contributions, the length of the marriage, economic circumstances, and the reasons for the divorce. Property owned individually before the marriage or received as a gift/inheritance is typically not marital property. Our attorneys help identify, value, and advocate for a fair division of all assets and debts.

How long do I have to live in Maryland to file for divorce here?

At least one spouse must be a resident of Maryland for a minimum of one year before filing for divorce. If the grounds for divorce occurred outside of Maryland, then at least one spouse must have been a resident for at least two years. There is an exception for adultery, which has no specific residency duration requirement.

What is the difference between a “limited” and an “absolute” divorce?

An absolute divorce is a final decree that legally ends the marriage and addresses all related issues like property, alimony, and custody. A limited divorce (or “divorce from bed and board”) is a legal separation. It does not end the marriage but can establish court orders for alimony, child support, and use of property while the parties are separated. It is often a step toward an absolute divorce.

If my spouse and I agree on everything, do we still need lawyers for an uncontested divorce?

While you can proceed without a lawyer, having independent legal counsel is highly advisable. An attorney ensures your settlement agreement is comprehensive, legally sound, and protects your long-term interests. They handle the precise court filings and procedures, preventing costly errors. We help negotiate and draft agreements to ensure your uncontested divorce is smooth and final.

How is child custody determined in a Maryland divorce?

Maryland courts decide both legal custody (the right to make major decisions for the child) and physical custody (where the child lives). The sole focus is the child’s best interests, considering factors like parental fitness, the child’s relationships, parental agreements, and the child’s own wishes (if age-appropriate). Courts often favor arrangements that allow the child frequent contact with both parents.

What happens if we can’t agree on the grounds for divorce?

If you can’t agree on grounds, your divorce becomes contested. Your attorney will present evidence to the court to prove valid grounds exist, such as demonstrating you have lived separate and apart without cohabitation for the required time. Proving grounds is a necessary step before the court can address other contested issues like property or custody.

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