Baltimore County Divorce Lawyer

Have you considered filing for divorce, or has your spouse retained an attorney to start the process of separating? If so, you may find yourself in a stressful, complicated, and possibly adversarial legal situation.

An experienced Baltimore County divorce lawyer recognizes that divorce can be emotionally and financially challenging. Our firm’s accomplished attorneys could guide you through the process with compassion and knowledge to ensure a favorable outcome.

The Basis for Obtaining a Divorce in Baltimore County

Under Maryland state law, a spouse may pursue a divorce based on ‘no-fault’ grounds and end the marriage without placing any blame on the other party. In a ‘fault’ divorce, the spouse seeking to dissolve the marriage must prove one of the following occurred:

• Adultery
• Abuse
• Desertion
• Cruelty of treatment
• Excessively vicious conduct

A party may desire to divorce for multiple reasons. The benefits and disadvantages of each ground vary, as do the elements required to prove them. A knowledgeable Baltimore County divorce attorney could help determine which grounds might result in the most advantageous outcome for a particular person’s situation.

What is a Mutual Consent Divorce?

A couple may wish to resolve their marital issues by agreement and avoid a contested court proceeding. Under prior state law, spouses had to be separated for at least 12 months without cohabitation or sexual relations to be applicable. However, under Maryland Family Law Code Annotated §7-103, the waiting period can be waived and the marriage dissolved more quickly if the following requirements are met:

• A written settlement agreement resolving property division and spousal support
• A written custody agreement
• A Maryland Child Support Guidelines worksheet showing that child support complies with state law
• Both spouses agree to the mutual consent divorce at the final hearing

Even when both spouses want a mutual consent divorce, it can be difficult to resolve all the issues that may arise by themselves. Working with a skilled divorce attorney in Baltimore County could ensure that a person’s legal rights are protected, and any settlement agreement meets all of the legal requirements.

Property Division in Baltimore County Divorces

Maryland follows equitable distribution law in all divorce cases, meaning judges must divide a couple’s assets fairly, but not necessarily equally. Generally, property a couple acquires during their marriage is considered marital and subject to division between the two individuals. There are some exceptions, including inheritance or third-party gifts given only to one spouse.

Marital property traditionally includes real estate, but other assets also fall into this category. Examples of marital property subject to division include:

• Retirement accounts
• Vehicles
• Personal property
• Business interests

When determining property division, a court can consider any debts associated with the property. For example, the value of a family home is reduced by any remaining mortgage payments. The property’s ‘net value’ is then allocated between the parties in whatever manner a judge deems equitable.

Property division can be challenging, particularly when the sale or transfer of the property may trigger tax consequences for the parties. A seasoned Baltimore County divorce attorney could review every aspect of a divorce settlement to ensure that it is fair and addresses potential tax implications.

An Overview of the Divorce Process

When seeking a divorce, a spouse must first determine whether to pursue fault or no-fault grounds. They may then file a Complaint for Divorce and have a sheriff or private process server deliver it to the opposing party. Once received, the other party generally has 30 days to file a response.

After the complaint and answer are submitted, the parties may negotiate and resolve their case with a written marital settlement agreement. If they cannot agree, a judge will hear the case and decide all outstanding marital issues for them. The process typically ends with the issuance of a final divorce decree.

While this process may seem fairly straightforward on the surface, numerous issues can arise during a divorce. For example, one spouse may fail to respond to the initial complaint or contest the divorce grounds. It is helpful to know what to expect before filing a marriage dissolution petition, and a capable legal professional could thoroughly explain the entire process during an initial meeting.

Consult with a Dedicated Baltimore County Divorce Attorney

A divorce is often one of the most significant events in your life, you face serious decisions about your finances, property, and children.

A trusted Baltimore County divorce attorney could help protect your legal rights throughout a divorce. The well-versed attorneys at our firm have represented many individuals in situations similar to yours and could work to favorably resolve your case. Call now to get started.