A decision to divorce introduces multiple legal, financial, and emotional complications into your life. Even if you and your spouse agree about significant issues like child custody, alimony, and dividing the marital assets, going through a divorce is still challenging.
Whatever your situation, a Lutherville divorce lawyer could guide you through the process. A seasoned family attorney will listen closely to your hopes for the outcome and work tirelessly to help you achieve them.
Many couples choose to take advantage of the state’s no-fault divorce rules. Doing so allows them to divorce without having to prove wrongdoing by either spouse. If a couple chooses no-fault divorce, they could live separately for six months before filing the divorce petition. The fact that they have lived apart for a year is sufficient grounds. A couple also could assert that they have mutually agreed to divorce.
Even when couples choose to pursue a no-fault divorce, their divorce could be “contested” if they do not reach an agreement on all issues relevant to unwinding their marriage. A contested divorce means that a court will schedule a divorce for a trial to hear evidence on unresolved issues such as child custody, alimony, or property division.
Typically, a court will schedule a trial several months in the future, which provides the couple the opportunity to reach an agreement between themselves. If the couple has children, courts require them to take parenting classes before the trial, and courts usually require couples to go to mediation. Participating in these activities could help a couple bridge their differences and arrive at a workable Marital Settlement Agreement (MSA).
If any relevant matters remain unresolved at the court date, the judge will review the evidence and hear testimony before issuing a final divorce decree. If the couple has children, the judge must consider their best interests when deciding on child custody, visitation, and child support. The judge’s decisions are court orders and have the force of law. However, a spouse could petition to modify any part of the divorce decree if circumstances change in the future.
In the past, only childless couples could divorce by mutual consent, but a law that took effect in 2018 provides any couple with that opportunity. A mutual consent divorce does not require the couple to live separately for a year before filing for divorce; however, the couple must have a valid MSA that addresses the division of marital property and any arrangements for spousal support. If the couple shares children, the MSA must set forth the couple’s agreement regarding custody, parenting time, and child support.
Couples who do not choose mutual consent as their grounds could still have an uncontested divorce if they can develop an MSA before filing. Uncontested divorces save time, money, and considerable emotional energy. An experienced divorce lawyer in Lutherville could suggest mediation or another form of alternative dispute resolution to couples who communicate well but require professional guidance to reach an agreement.
Going through a divorce is tough, but a seasoned and supportive attorney from our firm could make it easier. Knowing what to expect and having a fierce advocate on your side could give you the confidence to take the next steps into your new life.
Even if you are divorcing by mutual consent, do not try to handle everything alone. Call a Lutherville divorce lawyer to schedule a consultation to discuss the legal options for achieving your desired outcomes.
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