Waldorf, MD Divorce Attorney
Divorces happen for all sorts of reasons. Sometimes, divorces are amicable, where the two spouses agree to split up and that the best thing for them is to “stay friends,” “see other people,” or any other variation thereof. Unfortunately, at other times, divorce proceedings can become extremely embittered and messy, where spouses will have very different ideas about what should happen or even want to hurt their former partner financially or emotionally on the way out.
If you have concerns about your divorce proceedings, we can help. Our attorneys work to make sure courts treat you fairly and fight for an outcome that addresses your concerns and meets your needs. We can negotiate partial or full custody, deal with alimony payments, and handle anything else that may come up during divorce proceedings that you may have concerns about.
To get a free analysis of your situation from our divorce attorneys, contact Rice, Murtha & Psoras by calling (410) 694-7291.
Divorce Basics in Maryland
Maryland only allows “absolute divorce.” This is a permanent separation of spouses that gets rid of a marriage and all benefits thereof. Maryland law used to allow “limited divorce,” which was a temporary separation, but that is now no longer the case. All divorces are final, so filing for divorce is not a decision that should be made without weighing the pros and cons, talking with our divorce attorneys, and really making sure that this is the correct decision for you.
Grounds for Divorce in Waldorf, MD
When you file for divorce in Maryland, you need what are called “grounds for divorce.” Essentially, this is what the court will enter as the reason you and your spouse are separating. Pursuant to Md. Code, Family Law Art., § 7-103(a), divorce can happen because of six months of separation, irreconcilable differences, or mutual consent.
Six-Month Separation
If you and your spouse have not lived as a married couple for at least six months, that is grounds for divorce. Under Md. Code, Family Law Art., § 7-103(a)(1), this six-month separation or living of “separate lives” must be uninterrupted, so you cannot live together on and off for a period totaling six months and then file for divorce using this grounds.
While living separate lives generally brings to mind two spouses who are living in different locations, that is not necessarily a requirement. Per § 7-103(b), spouses can still be deemed to be separated even if they are living together. Of course, optically, it will be easier to show separation if you are literally living in different locations, but you can still show that you are living separate lives even if you live together. For example, if you have separate bedrooms or try to avoid being in the house at the same time as your spouse, that could factor into a determination that you are “separated.”
Irreconcilable Differences
Another viable grounds for divorce is “irreconcilable differences” pursuant to Md. Code, Family Law Art., § 7-103(a)(2). This refers to disagreements and challenges spouses have that simply cannot be worked out. For example, spouses disagreeing on whether a child should be raised under a certain religious belief would be an irreconcilable difference for which spouses could seek divorce. Another example would be differences of opinion on how to deal with finances.
Mutual Consent
Mutual consent may be one of the more straightforward grounds for divorce and also one of the most common ones. Essentially, if both spouses agree to a divorce, there is mutual consent for the proceedings. That being said, just because both parties agree that divorce is a good idea does not mean that proceedings will go smoothly. Each spouse may have very different goals, priorities, and ideas about things like asset division, alimony, child support, and more. For those reasons, it is important to retain a divorce attorney even if you and your spouse are on good terms and in agreeance that divorce is the correct decision.
Why Hire Our Waldorf, MD Divorce Attorneys?
It is no secret that divorces can get bitter and messy. In fact, they rarely go exactly as planned, even when the spouses are trying to cooperate. Emotions and tensions are high, so it is almost always better to have a lawyer involved – no matter the circumstance. However, some circumstances make it so that having a lawyer help you with divorce proceedings is especially important.
Child Custody Matters
If you and your soon-to-be-ex-spouse have children, it is incredibly important that our attorneys get involved in the divorce process. Issues like sole, joint, and split custody and child support payments are hotly contested in divorce proceedings, so it is important to have an attorney advocating for what is best for both your children and for you. We can fight either to get you the child support payments you need or contest child support payments being demanded of you that may be unfair.
Shared Bank Accounts
If you have a joint bank account with your spouse, you should have an attorney helping you with divorce proceedings. The unique factors and circumstances of your situation can alter that calculus, and our attorneys can advocate for a division of funds that better fits the situation at hand.
Prenuptial Agreements
Prenuptial agreements are made by couples to give structure to how things are divided in divorce. They are done in advance so that heads are clearer and decisions are made impartially. However, just because you and your spouse have a prenuptial agreement does not necessarily mean that you do not need legal counsel in divorce proceedings. Circumstances may have changed since the agreement was made, and spouses may feel differently about the agreement now that divorce proceedings are underway, so it is still a good idea to retain legal counsel to ensure any prenuptial agreements are upheld. We can challenge or uphold prenuptial agreements that are in play in your divorce proceedings. Alternatively, if you are simply looking to have a prenup drafted, we can assist with that, too.
Contact Our Divorce Attorneys in Waldorf, MD Today
Call Rice, Murtha & Psoras at (410) 694-7291 and talk to our divorce attorneys about your case.