Although a divorce may be an emotional experience, our office will guide you through the process with dignity, direction and confidence.
While our attorneys regularly litigate divorce matters and can provide you with the knowledge and expertise to navigate the complexities of divorce issues in Maryland courts, we are experienced in, and can assist in, mediation to resolve all issues, and often recommend this alternative approach to dispute resolution. We are talented in creative problem solving, including resolving complex financial issues arising out of divorce. Such issues may arise with respect to identification of “non-marital property”, ownership interests in closely held corporations, property benefits, such as stock options, real estate transactions, trusts, and retirement assets. We take a comprehensive view of such issues in connection with each client’s unique case and issues to be resolved.
Effective October 1, 2023, a sweeping change will go into effect simplifying the requirements to be met in order to be granted a divorce in Maryland. Under the new law, grounds for divorce are:
- 6-month separation, which can be met in certain circumstances even while living under the same roof;
- Irreconcilable Differences, based on the reasons for the termination of the marriage stated by the party seeking the divorce;
- Mutual Consent, which allows divorcing spouses, even if they have minor children in common, to file for an absolute divorce without waiting 6 months, and even without living separate and apart, provided that the parties meet the following criteria:
- The parties sign and submit to the court a written settlement agreement, which agreement resolves all issues relating to alimony and the distribution of property between the parties, as well as resolves all issues relating to the custody and support of any minor children of the parties;
- Neither party files a pleading to set aside the written settlement agreement prior to the divorce hearing; and
- After reviewing the written settlement agreement, the court is satisfied that any terms of the agreement relating to minor or dependent children are in the best interests of those children.
The new grounds for divorce make it possible to obtain a divorce while living in the same home with your spouse and without the need to prove fault by the other party. This change provides faster resolution and facilitates access to the courts.
Under the new law, the ability to seek a limited divorce has been eliminated as well. Fault grounds such as adultery, insanity, cruelty of treatment and excessively vicious conduct also have been eliminated as grounds for divorce; however, these fault related factors and a party’s behavior may still be considered by the court in determining issues pertaining to custody, alimony, division of marital property and any monetary award. You will need a skilled attorney to effectively advocate for a successful impact of these issues on the outcome of your matter.
If you are contemplating divorce in Maryland, our office can assist you with understanding the nuances of the divorce process, and the best course of action for you based on the facts and circumstances of your particular situation.