The decision to divorce is difficult and the process can be long, stressful and confusing.  Once you have made a decision to divorce, top Maryland divorce lawyers can help guide you through the process.  The divorce process will include dividing property, determining custody and visitation as well as spousal and child support. Going through a divorce can be easier if you understand the basics of how the process works.

Residency and Filing Requirements

A divorce cannot be filed unless the minimum residency requirements have been met.  All states have rules regarding how long a person must reside in the state before they can initiate a divorce in the state.  This means you must have lived in the state and/or county where you are filing for a certain period of time before filing.  The minimum requirement under Maryland divorce law for residing in the state is one (1) year if the basis for the divorce occurred outside the state.  Otherwise, either party can file in the county where they reside if they are residents.  If the grounds for divorce are insanity the minimum time requirement is two (2) years. 

Grounds for Divorce

The grounds for divorce differ somewhat from state to state.  The grounds for divorce under Maryland divorce law include the following:

•    Adultery
•    Desertion if the following conditions apply: (1) continuous for at least 12 months prior to filing; (2) deliberate and final; (3) no reasonable expectation of reconciliation
•    Voluntary separation if the following conditions apply: (1) parties live separate and apart without interruption for 12 months prior to filing; (2) there is no reasonable expectation of reconciliation
•    Criminal conviction with a sentence of at least three (3) years with at least one (1) year served prior to filing
•    Continuous Separation of at least 2 years without cohabitation prior to filing
•    Insanity with confinement to a institution for at least three (3) years prior to filing
•    Cruelty to the spouse or minor child with no reasonable expectation of reconciliation
•    Excessively Vicious Contact to the spouse or minor child with no reasonable expectation of reconciliation

Titles and Documents

The party that files for divorce is called the Plaintiff and the other spouse is called the Defendant.  The two key documents that initiate and conclude the divorce are called Bill for Divorce, which starts the process and the Decree of Divorce, which is the final judgement in the divorce.  The Decree of Divorce will contain orders on property division, custody and visitation and spousal and child support as well as orders on other issues in the divorce.

Property Distribution

When it comes to division of property there are two kinds of states:  (1) community property states and (2) equitable distribution states.

Equitable Distribution:  The vast majority of states including Maryland are equitable distribution states.  This means that assets are divided according to what is “fair” as opposed to being divided equally 50-50.  The parties can choose to divide the property themselves or the court will divide the property according to equitable principles. The court may consider among other things the circumstances of the divorce, the contributions to the marriage [non-monetary] of a spouse and educational or career opportunities that were missed by a spouse.  Weighing the many factors that are relevant to an equitable distribution of property can be complicated but a family law attorney can help parties agree on an equitable split or help persuade a judge how an equitable division of property should be reached.

Community Property: A handful of states including California follow community property law.  Basically, this differs from equitable distribution in that property acquired during the marriage or from earnings during the marriage and any increase in value from such property is divided equally 50-50.

Alimony/Spousal Support

The higher earning spouse pays alimony to the spouse that did not work or had lower earnings during the marriage.  Alimony can be paid in a lump sum, for a certain period of time or indefinitely.  Spousal support can vary greatly from state to state so it is strongly recommended you consult a divorce attorney regarding the right to spousal support and the amount that might be awarded.  Among factors that most courts consider are the following: (1) the length of the marriage; (2) the relative earning capacities of the parties; (3) the degree to which the lower earning spouse made sacrifices that affected the party’s earning capacity during the marriage [i.e. non-financial contributions to the marriage].

Child Custody/Visitation/Support

The court will also make custody and visitation arrangements.  Absent some serious issue concerning one of the parents the parties will share legal custody, which is the right to make decisions and/or be informed about medical treatment, schooling, etc for the minor children.  Physical custody, which is basically where the child lives, can be shared equally or be given entirely to one parent with visitation to the other parent.  The physical custody split can range from 100% to one parent (fairly rare) to 50-50 or anything in between.  The court will also make child support orders, which typically go hand in hand with custody orders.

Alternate Dispute Resolution

There is a growing trend toward using a number of alternate dispute resolution (ADR) tools for settling divorces, which can be faster and less expensive.  Options for ADR include:

Mediation:  A trained mediator works with the couple to help them reach an agreement on how issues will be resolved.  The process can be much less stressful for both the parties and their children than court proceedings.

Arbitration:  This is sort of a middle ground between a litigated divorce in court and mediation.  Instead of a judge in a courtroom resolving issues in the divorce, the arbitrator (often a former judge or attorney) makes these decision outside of court.  This is still somewhat like a court proceeding as both sides are typically represented by attorneys with the arbitrator acting like a judge.

Collaborative:  This is the newest form of ADR in divorce cases.  While it is increasingly growing in popularity, states vary in the degree to which they have adopted this new procedure.  This process requires an up-front agreement to resolve issues by settlement and agreement.  If either party decides to go to court, the attorneys that worked with the parties during the collaborative law process are typically disqualified from representing the parties in the courtroom.

If you are considering a divorce or have been served papers for a divorce, top Maryland divorce lawyers can guide you through the process.  If you need a Maryland divorce lawyer, click here.