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Filing for divorce is a significant decision that can have major impacts on both yourself and your family. Before making this decision, it is normal to have questions about how divorce will impact your life and how the divorce process will unfold. Educating yourself about the divorce process can help you make the best decision about how to pursue the divorce and what to expect from the process. Here are some frequently asked questions that the Greenberg Legal Group receives about divorce in Maryland:
When deciding that you no longer wish to remain married to your spouse, it is normal to start thinking about living separate and apart. The majority of couples who are going through divorce or are divorced no longer live together. There are many reasons for no longer wanting to live with your spouse – reducing household tension, getting out of an abusive or unhealthy relationship dynamic and wanting increased independence as you leave the marriage.
It is important to think about the timing and logistics of your physical separation from your spouse. Issues to consider include: i) who will be leaving the home that you and your spouse shared during the marriage; ii) if you are leaving the home, where you will be moving to; iii) the cost involved with moving and obtaining your own residence or the cost of living at your current residence without your spouse; and iv) how much time you need to emotionally and financially prepare for the separation. If possible, your separation from your spouse should be well thought out and planned in advance to make the process as smooth as possible.
Note that due to recent changes in Maryland divorce law, physical separation is no longer required from your spouse in order to file for divorce. In 2023, the grounds for divorce in Maryland were changed and now make it possible for people who are not physically separated from their spouse to still seek a divorce. For example, you can seek a divorce based on irreconcilable differences with your spouse which does not require you to be physically separated at the time of filing for the divorce.
If you have children with your spouse, perhaps the biggest question you have is how the divorce will impact your children. This is especially true for couples who have physically separated or plan to separate. When parents separate, this can be a difficult process for the children as they try to process the new reality of parents no longer living in the same home. This can also be difficult for the spouses as they try to navigate parenting in separate households.
Until you and your spouse separate, it is important to discuss how each of you will parent the children and how to discuss the separation with the children. Before separating, it is also extremely important to discuss with your spouse when each of you will have the children at your respective households. This schedule will depend a lot on where each spouse lives once separated and the children’s needs, such as school location and medical care.
As you go through the divorce process, you and your spouse will need to decide what custody arrangements are in the best interests of your children. If you and your spouse cannot decide what custody arrangements are best for your children, the Court will hold a hearing and make a decision about custody.
It’s no secret that divorce can cause a major shakeup to each spouse’s financial picture. Understanding the financial impact of divorce – and taking steps to protect yourself – will leave you in a better position as you exit the marriage.
With some limited exceptions, property acquired by either spouse during the marriage is generally considered “marital property” and subject to distribution by the Court. It is generally a good idea to make a list of the property that either you, your spouse or both acquired since you became married. In many cases, this property includes one or more marital homes, retirement accounts, bank accounts, vehicles and other valuable assets. By creating a list of the property that would potentially need to be divided, you can start to think about how you would like that property to be divided and put yourself in the best financial position post-divorce.
Until a Judge signs a Judgment of Divorce, you are not divorced from your spouse. The decision about how to pursue the divorce should be thought out and calculated based on your individual circumstances. There are different ways to go about getting divorced based on how amicable you and your spouse are with each other and whether you can agree on the issues that a divorce presents.
If you feel that you and your spouse are amicable, it may be worthwhile having a discussion with your spouse about the terms of the divorce. The potential issues that need to be decided could potentially include custody of the children, financial support for one spouse and the children and the distribution of marital property. An attorney can assist you with formulating a settlement proposal addressing these issues and negotiating on your behalf. If an agreement is reached, your attorney can draft a Marital Settlement Agreement which would resolve all issues in your divorce and make it much easier for you and your spouse to become divorced.
On the other hand, if you and your spouse are not amicable or do not agree to the terms of the divorce, you will likely need to file for divorce. This involves filing a “Complaint for Absolute Divorce” with the Circuit Court in the appropriate Maryland county where you or your spouse live. Once you file your Complaint, a divorce case will be opened. Through a contested divorce case, you can present your evidence and arguments as to custody, property and other issues in your case. When filing for a contested divorce in Maryland, it is extremely important to consult with an attorney about how to best protect your interests.
Whether you are negotiating the terms of a Marital Settlement Agreement or getting ready for contested divorce litigation, it is critical that you have the right attorney in your corner to represent you. Hiring an experienced divorce attorney to protect your interests in the divorce process is one of the most important decisions you will make. You should find an attorney that has the knowledge and experience to address the unique issues in your case. It is important that you feel comfortable with your attorney and that your attorney listens to your goals and concerns about the case.
Robert Greenberg, Esq. and the law firm of Greenberg Legal Group LLC have extensive experience representing clients in Maryland divorce cases. Our firm is located in Annapolis, Maryland and practices in Courts throughout the State of Maryland. Please contact our office at (410) 650-4242 for further assistance.
