Potomac, MD Divorce Attorney
When spouses believe that staying married is not the best course of action, they can file for divorce to end the marriage. Divorce proceedings are often some of the most bitterly-fought court contests because the parties often care very deeply about what is happening. This should not come as a surprise, as divorce proceedings often deal with the future of children, finances, and many other things heavily intertwined between the parties.
Divorce can be messy, but legal counsel can help. Whether you are filing for divorce or navigating ongoing divorce proceedings, we can make sure everything is done fairly and to the letter of the law.
Call Rice, Murtha & Psoras’s divorce lawyers at (410) 694-7291 and get a free case review.
How Does Divorce Work in Potomac, MD?
Divorce is the legal ending of marriage between two people. Sometimes, divorces happen because both spouses agree that it is the best decision, but often, divorce proceedings can become incredibly bitter and heated, especially when finances or children are involved. While divorce in Maryland can happen for many reasons, there are some legal requirements that need to be fulfilled for a divorce to go through. When you bring your claim to our divorce lawyers, we can walk you through the process and help you understand whether the requirements for divorce are present in your case or not.
Residential Requirements
To get divorced in Maryland, you must live in the state. How long you need to have lived in the state will depend on whether the reason for divorce happened inside the state or outside the state. If the reason for divorce happened in Maryland, the requirement is that you must currently reside in the state when you file for divorce. However, under Md. Code, Family Law Art., § 7-101, if the reason for divorce happened outside Maryland, the filing spouse must be a Maryland resident for a minimum of six months before applying for divorce in the state.
Grounds for Divorce
You also need “grounds” – or a particular reason – for divorce in Maryland. There are several different grounds for divorce listed under § 7-103:
Separation
If spouses have been “living separate lives,” that can be a reason for divorce in Maryland. Under § 7-103(a)(1), parties can file for divorce if they have lived “separate and apart” for at least six consecutive months. Although the language of the statute may suggest otherwise, living separately does not necessarily need to include literally residing in two different places, as explained in § 7-103(b).
Irreconcilable Differences
Second, irreconcilable differences are grounds for divorce per § 7-103(a)(2). What qualifies as an “irreconcilable difference” is a serious disagreement between the couple that makes it impossible for them to continue as such. For example, if two spouses disagree on whether their child should follow a certain religion or another and cannot work it out, that can be considered irreconcilable differences and grounds for divorce.
Mutual Consent
Finally, parties can file for divorce based on mutual consent under § 7-103(a)(3). Simply put, if the spouses come to the conclusion that divorce is the right move, that is enough to let the divorce happen. With mutual consent, though, you still may have to demonstrate things to the court like proper care and support for any children, correct property distribution, and other things.
Why Hire a Divorce Lawyer in Potomac, MD?
There are many reasons you may want to have our attorneys help guide you through divorce proceedings. Each divorce is going to be different because different factors affect different divorcing couples. The approach our lawyers take will need to be tailored specifically to your case. Many varied issues can come into play during divorce, including:
Child Support and Custody
If a couple has children, something probably at the very forefront of their minds during divorce proceedings is how their children are going to be taken care of. Our lawyers can work towards ensuring that child support and custody arrangements are done fairly and in the best interest of the child.
Prenuptial Agreements
A prenuptial agreement is a document created by spouses prior to divorce that states how certain things will happen during a potential future divorce. While prenuptial agreements are beneficial in a lot of ways, they can also be problematic, especially if a lot of time has passed and the agreement does not necessarily reflect the realities of your current situation. Our lawyers can help enforce prenuptial agreements or challenge a prenup that may have problems or unenforceable parts.
High-Asset Divorce
High-asset divorce refers to situations where one or both spouses have a significant amount of wealth. High-asset divorces death with trusts, businesses, multiple homes, and other assets with significant value that need to be fairly divided between the parties. Often, financial experts are used in high-asset divorces, and our lawyers can help guide you through the process.
Alimony
Alimony is payments from one spouse to another, usually when one spouse is financially significantly better off and does not want to support their spouse. Alimony payments are frequently part of divorce proceedings because spouses who are divorcing are less likely to want to support each other financially. A common type of alimony during divorce proceedings is alimony pendent lite, which is a temporary payment that is in place during divorce proceedings so that both spouses can afford legal counsel and are not under financial stress while the divorce is being finalized. Whether you are dealing with alimony pendent lite issues or issues with alimony after a divorce, we can help you with your situation.
Speak with Our Potomac, MD Divorce Attorneys Today
The divorce attorneys from Rice, Murtha & Psoras can be reached by calling (410) 694-7291 for free case reviews.