Best Divorce Lawyers Baltimore, MD Of 2024 – Forbes Advisor – Technologist

Filing for divorce in Baltimore is reasonably straightforward. Maryland divorce laws set specific standards for each type of divorce, and the state offers useful resources for understanding those options. Of course, that doesn’t mean that the divorce process will be easy. Most divorces involve significant conflict between the divorcing parties and benefit from the involvement of attorneys.

Maryland Divorce Requirements

Maryland sets residency requirements for anyone wanting to get a divorce. If the grounds for divorce occurred in Maryland, the only requirement is that one spouse is currently living in the state.

If the grounds for divorce occurred outside the state, at least one party must have been living in Maryland for at least six months before filing for a divorce in the state. However, there are no county residency requirements. As long as the petitioner has lived in the state, they can file for divorce with the county court no matter how long they lived in the county.

Types of Divorce and Separation in Maryland

The divorce laws in Maryland were changed very recently. Previously, they focused on fault-based divorces. However, fault-based divorces have been removed from the types of divorce that are valid in Maryland. While courts will still take fault into account when assigning alimony or dividing assets, fault doesn’t matter when choosing one of the following types of divorce.

• Mutual consent. In the simplest type of divorce, both parties agree that they want a divorce and have signed a marital settlement agreement that resolves all outstanding issues (like child custody and alimony). A judge then approves this uncontested divorce, ending the marriage.
• Six-month separation. This is a type of contested divorce where one party can request a divorce after living a separate life from their spouse for at least six months. The law does not require the parties to live in separate homes as long as they are living separate lives.
• Irreconcilable differences. As part of the petition in this type of divorce, the petitioner must identify conflicts that cannot be resolved.

Child Custody, Support and Visitation in Maryland

Child support regulations in Maryland are very complex and based on the concept that a child has the right to receive financial support from both parents after a divorce. When parents can agree to a fair structure, the court will approve the agreement.

When they can’t, the courts will order noncustodial parents to pay for child expenses such as healthcare and boarding. Courts take into account the income of both parents before making an order. These orders can also include requirements to purchase insurance for the child or name the child as a beneficiary on an existing insurance plan.

Custody and visitation rules are also complicated. The court decides custody based on the best interest of the child and takes into account several factors, including the fitness of the apartments, the health of the child, material advantages, religion and history of abuse or abandonment.

Property Division in Maryland

Maryland is an equitable division state. This means that marital property is divided in a way that the courts consider fair given the circumstances, rather than equally. Courts take into account factors such as the length of the marriage, the age and health of the parties, contributions each made to the family and the reason for divorce.

The state also permits three types of alimony. Courts carefully examine factors such as age and earning potential when determining what type of alimony to order.

• Pendente lite alimony. This is temporary support that is ordered only while the divorce is pending.
• Rehabilitative alimony. This is short-term support that is designed to last until the receiving spouse becomes self-supporting.
• Indefinite alimony. This type of support is typically ordered when one spouse is unlikely to ever become self-supporting or can never reach the standard of living they had during the marriage.

Filing and Serving Your Divorce Papers

The state provides petitioners with several videos to help them get divorced and get access to all appropriate forms. These forms can be filed with any county court in the state. Once a petitioner has filed for divorce, they are required to serve their spouse notice of their action. This is done by personal service by another adult or the sheriff or by certified mail.

Finalizing Your Divorce

If you and your spouse are in agreement on all the issues in the case, the court will finalize the judgment based on your settlement. If you cannot agree, the case will go to court for trial.