We understand that deciding to dissolve your marriage is a stressful and daunting task. The process of untangling your life as a couple and starting separate lives can be lengthy and if you have minor children, divorcing requires significant thought and effort to protect their future.
Divorce can be a complicated legal procedure at times. A Columbia divorce lawyer could help walk you through the steps you need to take and evaluate your needs to pursue a strategy that is likely to be most effective at achieving your desired outcome. Trust a seasoned attorney at Price Benowitz to handle your case from start to finish while protecting your best interests in court.
The Basics of Divorce in Columbia Maryland
A divorce that permanently ends a marriage is called an absolute divorce. In Maryland law, spouses may now obtain a no-fault divorce. However, one of the spouses must have lived in the state for at least six months before filing for divorce.
Uncontested vs. Contested Divorce
If both parties agree to divorce and can settle all outstanding issues without judicial intervention, the process is called an uncontested divorce. If the spouses cannot agree on significant issues such as child custody, alimony, or property division, the divorce is called a contested divorce. If the couple cannot agree on all relevant issues during the proceedings, a judge will review their situation and make a decision for them.
Uncontested Divorce
An uncontested divorce is usually the speediest process and allows spouses the greatest control. Before filing for divorce, both parties negotiate a Marital Settlement Agreement (MSA). The MSA will cover issues such as:
- Property division
- Debts
- Alimony
- Insurance
- Child custody
- Child support
- Visitation
The couple might reach an agreement on their own or with a mediator, but a Columbia divorce attorney could review any MSA to make sure it conforms to all legal requirements.
Contested Divorce
When a couple initiates divorce proceedings without an MSA, the divorce is contested. Contested divorces are time-consuming and require judges to make decisions about intensely personal issues. To avoid this situation, a judge will often require a couple to engage in mediation or another form of alternative dispute resolution to reach an agreement before a divorce trial.
If the trial date arrives and the couple has not reached an agreement, the judge will hear evidence on all the matters still in dispute and issue a court order resolving them. The judge’s order has the force of law, and the spouses must comply with it.
No-Fault Divorce
No-fault divorce is available whether the couple’s divorce is uncontested or contested. The grounds for a no-fault divorce is simply that the couple has been living separately for at least six months or that there are irreconcilable differences. Couples may also divorce according to their mutual consent. Using no-fault grounds avoids the necessity of proving the other spouse guilty of egregious behavior in a public court proceeding.
Allow a Columbia Attorney to Guide Your Divorce Action
If you have decided to end your marriage, you likely need to make multiple decisions that will impact your family. A Columbia divorce lawyer understands the legal and practical consequences of various strategies and could ensure you know the implications of your decisions.
Divorce is complicated, even when both spouses agree on major issues. It can be much easier with seasoned legal counsel in your corner. Schedule a consultation with the committed team of attorneys at our firm today.
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