Maryland LGBTQ Divorce Attorney
Deciding to divorce from your spouse is a difficult decision that could change your life in a number of ways. When filing for a divorce, it is important to understand how it could affect the distribution of property, custody of children, and many other issues. Fortunately, you do not have to manage all the details of your divorce alone. If you are a member of the LGBTQ community and you need legal assistance to file a divorce in Maryland, you should consult with an experienced Maryland LGBTQ divorce attorney.
Rice, Murtha & Psoras knows the stress and uncertainty that can accompany divorce proceedings, and we are prepared to address your concerns. Our firm has years of experience handling a variety of divorce cases, and we would be pleased to represent you during this difficult time. To coordinate a free consultation to discuss the details of your divorce case, you should contact our firm at (410) 431-0911. You could also reach us online for a free case review.
Types of LGBTQ Divorce in Maryland
Filing for divorce in Maryland can be a tedious and stressful process. In addition to working with an experienced LGBTQ divorce lawyer, you should understand the types of divorce available to you and which type works for your unique situation.
In Maryland, there are two types of divorce that a couple may utilize: limited divorce and absolute divorce.
Limited Divorce
A limited divorce is used when a couple does not actually have grounds to apply for an absolute divorce but also need help with resolving their affairs such as alimony or child support. The court will supervise a limited divorce to make sure that the couple is able to come to an agreement regarding a number of issues.
It is important to note that a limited divorce is only the opening stages of a divorce, which means that the marriage is not terminated. As a result, a limited divorce is often seen as a legal separation in which the spouses must live apart but cannot perform any of the following actions until the divorce is complete:
- Remarry another person
- Spouses cannot engage in sexual relations with each other as this will reset the amount of time required to live separately before filing for absolute divorce
- Cannot engage in sexual relations with a third party
It is also important to note that while some issues like child support can be handled during a limited divorce, other issues like property ownership may not be resolved until the divorce is absolute.
Absolute Divorce
An absolute divorce completely terminates a marriage and resolves all issues from property division to alimony. Additionally, spouses are permitted to remarry once an absolute divorce is complete. However, unlike a limited divorce, spouses can no longer inherit property from each other if either spouse dies.
Prior to filing for a limited or absolute divorce in Maryland, you should be aware that you or your spouse must meet the residency requirements. If you wish to file for divorce in the State of Maryland, at least one spouse must have resided in the state for at least one year prior to filing a divorce petition.
Additionally, spouses residing in Maryland must also live separately for at least one year before they can file for a divorce. However, if you wish to file for a mutual consent divorce, you and your spouse do not have to live separately for a year.
Our Maryland LGBTQ divorce lawyers could provide you with more information about how to navigate the divorce process.
Grounds for LGBTQ Divorce in Maryland
If you and your spouse elect to file for a divorce, you should determine the grounds for your divorce. Couples that reside in Maryland can choose an uncontested divorce or fault-based divorce.
Uncontested or no-fault divorces are used when the spouses agree that neither spouse committed a certain action that led to the breakdown of the marriage. This type of divorce is typically reserved for spouses that can agree on a number of factors like spousal support, child custody, property division, and many other issues. Uncontested divorces are often cost-effective as the spouses will typically resolve all matters on their own.
A fault-based divorce is where one or both spouses will identify a specific reason that a marriage cannot continue. There are various grounds that spouses may use to support a fault-based divorce:
- A spouse committed adultery
- A spouse committed acts of abuse against the other spouse or children shared by the couple
- Either spouse was convicted of a criminal offense
- Either spouse was committed to a mental institution
This is not an exhaustive list. If you are concerned about whether you have proper grounds to divorce your spouse in Maryland, our LGTBQ divorce attorneys are here to speak with you.
Consult with Our Dedicated Maryland LGBTQ Divorce Lawyers to Discuss Your Case
If you or a family member are in the early stages of a divorce, you should contact an experienced Maryland LGBTQ divorce attorney to discuss your case. Our firm understands the hurdles that LGBTQ couples have faced regarding marriage and divorce, and we are here for you. Call our staff at (410) 431-0911 for a free consultation for your divorce proceedings.