Preparing for Divorce
Divorce is one of the most challenging experiences a person can face. It's a time of emotional upheaval and significant life changes. For Maryland residents, understanding the legal process involved can help you in preparing for divorce so that you can make more informed decisions that serve the best interests of your family.
Maryland divorce attorney Kathleen Kirchner is dedicated to providing quality legal counsel, serving clients in Anne Arundel County, Maryland, and throughout Queen Anne's County, Calvert County, Prince George's County, and Howard County with compassion and respect, and she is here to help you every step of the way. This guide aims to provide clarity and support, offering detailed insights into what to expect and how to prepare for your divorce.
Understanding Maryland Divorce Laws
A Maryland Divorce, formally referred to as absolute divorce, occurs when a court legally terminates your marriage. The court will issue an order, known as a “divorce decree” or simply a “decree.” This order can also address and settle various issues such as:
alimony (spousal support)
division of marital property
child support
child custody (including parenting time and decision-making authority).
Incorporating these matters into your divorce decree enables the court to enforce the terms of the order if either you or your spouse fails to adhere to them. Once the divorce is finalized, both you and your former spouse are free to remarry.
What Are the Grounds for Divorce in Maryland?
Mutual Consent – Both you and your spouse agree to divorce and sign a written agreement (known as a marital settlement agreement) that resolves all matters related to alimony, marital property, and the care, custody, and support of any minor or dependent children. This agreement can be filed along with your divorce complaint.
6-Month Separation – You and your spouse have lived separately and apart, without interruption, for at least six months before filing a complaint for an absolute divorce. You can still live under the same roof but must lead separate lives. Sometimes, the separation may be based on a court order, such as a protective order.
Irreconcilable Differences – Either you or your spouse believes that the marriage should end due to reasons that cannot be resolved.
Residency Requirements for Absolute Divorce
To initiate a divorce in a Maryland circuit court, either you or your spouse must be a resident of Maryland. To file for divorce in Maryland for reasons that occurred outside the state, one party must have lived in Maryland for at least six months before filing.
Updated Maryland Divorce Laws
With the recent amendments to Maryland's divorce laws, navigating the process of dissolving a marriage has undergone significant changes. Effective October 1, 2023, the state will only permit absolute divorces, having completely phased out the option for limited divorces. The grounds for obtaining an absolute divorce have been streamlined to include mutual consent and irreconcilable differences, or a separation period of six months.
These modifications aim to reduce the adversarial nature of divorce proceedings and facilitate more efficient resolutions. To successfully navigate these new regulations, it is essential to consult with an experienced attorney who can provide clarity on how the changes might impact your specific case.
Understanding the frameworks of mutual consent and irreconcilable differences is crucial for both parties. Legal guidance will help drive compliance with the latest laws and make the transition as smooth as possible as couples move forward in their post-divorce lives.
The Filing Process in Maryland
The process begins by filing a Complaint for Absolute Divorce with the circuit court in the county where either spouse resides. In Maryland, required forms include:
Complaint for Absolute Divorce
Civil Domestic Information Report
Financial Statement
You must also provide grounds for divorce and attend a court hearing. If both parties agree on all terms, an uncontested divorce can be finalized more quickly.
Contested Divorce: In a contested divorce, spouses disagree on one or more issues, leading to court intervention. This process can be lengthy, costly, and emotionally taxing.
Uncontested Divorce: An uncontested divorce occurs when both parties agree on all terms, including property division, alimony, and child custody. It is typically faster and less expensive.
After filing, papers must be served to the other spouse. Service can be done through a private process server, sheriff, or certified mail. The non-filing spouse has a set period to respond to the complaint. Kathleen and her firm take care of the entire process from drafting the complaint, assisting with any marital settlement agreement, filing with the court, and making sure the other side is served within the deadlines.
Gathering Financial Documents
Once the papers have been served and the non-filing spouse has responded, then both parties exchange necessary information and documents. To prepare for and streamline this part of the process, locate and gather the information in advance.
Relevant documents may include:
Income statements (pay stubs, tax returns)
Bank statements
Loan and credit card statements
Retirement account statements
Investment accounts
Property deeds and mortgage statements
Insurance policies
Any existing prenuptial or postnuptial agreements
Having these documents ready will facilitate discussions about property division, alimony, and child support.
Negotiation or Mediation?
After discovery is complete, efforts are made to negotiate and reach a settlement on key issues. One alternative to consider is mediation. Mediation is an alternative dispute resolution process that can help divorcing couples reach agreements on various issues, such as child custody, property division, and alimony, without going to trial. In Maryland, mediation is often encouraged or required by the court. A neutral mediator facilitates discussions and helps both parties find mutually acceptable solutions. Mediation can be less adversarial and more cost-effective than traditional litigation.
Finalizing Your Maryland Divorce
After resolving all issues, a final hearing is scheduled. The judge reviews the agreement and ensures all legal requirements are met.
If settlement is not reached, the case proceeds to court hearings where a judge will make final decisions. Court hearings can be stressful, but preparation helps:
Preparation: Work closely with your attorney to understand what to expect and prepare your testimony.
Documentation: Prepare and organize all required documents.
Negotiation tips: Aim for a fair and reasonable settlement. As an alternative, be willing to compromise on less critical issues. Also, it is advisable to use mediation to resolve disputes amicably whenever possible.
Once approved, the judge signs the divorce decree, officially ending the marriage.
Common Issues in Divorce Proceedings
Property Division and Equitable Distribution
Maryland follows an "equitable distribution" approach to property division. This means that marital property—assets acquired during the marriage—is divided fairly but not necessarily equally. The court considers factors such as the length of the marriage, contributions to the marital property, and the economic circumstances of each spouse when determining the division.
Impact on Children and Child Custody Laws
When approaching child custody decisions, it’s important to consider the impact of the divorce process and what will best serve their physical and emotional well-being. Maryland law encourages joint custody arrangements, but physical and legal custody can vary.
Custody decisions in Maryland are based on the best interests of the child and consider several factors, including:
Parental fitness
Character and reputation of parties
Desire and voluntary agreement of parents
Children's preference (if of sufficient age)
Adaptability of the proposed custodial home
Each parent's contribution to the upbringing of the child
Child support is determined using guidelines that consider parents' income, child's needs, and custody arrangements.
Alimony or Spousal Support
Alimony, or spousal support, is not automatically granted in Maryland. Courts consider several factors, such as the length of the marriage, the financial needs and resources of each party, and the ability of the spouse seeking alimony to become self-supporting. Alimony can be temporary (rehabilitative) or indefinite, though indefinite alimony is less common.
While divorce is a challenging and emotional process, understanding the steps and legal requirements can ease the burden. By following this guide, you can approach the divorce process in Maryland with a clearer understanding and a well-prepared strategy. Always consult with a qualified attorney to receive personalized advice tailored to your situation.
Contact Kathleen Kirchner for Legal Support
Consulting with Kathleen on your divorce case can make all the difference in protecting your rights and promoting a fair outcome. Her extensive experience in family law provides clients with compassionate and effective representation. Whether through mediation or litigation, Kathleen works tirelessly to protect her clients' interests and achieve the best possible outcomes.
For those preparing for divorce, taking the first step towards understanding and action can help mitigate the stress involved and allow you to focus on caring for yourself and your family during this challenging transition. Contact Kathleen M. Kirchner Attorney At Law today if you are in Anne Arundel County, Queen Anne's County, Calvert County, Prince George's County, or Howard County, Maryland, to schedule a consultation and begin your path to a brighter future.