Attorneys at Law

One of the most painful experiences a person can go through in life is the loss of a spouse through divorce. Emotions and strong and run wild, and there is usually a lot of pain, anger and helplessness. Your lawyer can be a big help during this crisis—not to "punish" the spouse, but to be an objective listener, and to help you sort through problems and make important decisions. In short, to help you make it through the crisis and see that you get back on your feet again.

Before you make the final decision to separate from your spouse, we strongly recommend that you go through marital counseling or other efforts to reconcile your differences. It's far, far cheaper, not only in terms of legal fees but in emotional capital, to work things out. If you can't work it out, you should see your lawyer about having a Separation Agreement drawn up. Sometimes this may be necessary even if reconciliation is a possibility; this will depend on the individual and the circumstances.

A Separation Agreement will spell out the rights and responsibilities of the parties. It will contain your agreement on the division of property, alimony, child support and visitation. Of course, all questions may not be resolved; contested issues will have to be decided in Court. Whatever can be agreed to will be put in writing and signed by the parties.

A Separation Agreement is usually the result of negotiations between the parties and their lawyers. The result is an agreement which is a binding contract between the parties, enforceable by Court action. If nothing can be agreed, or if one party won't sign an Agreement, then all issues will have to be decided in Court.

In Maryland the grounds for an absolute divorce are: adultery, deliberate and final desertion for a year with no reasonable expectation of reconciliation, mutual and voluntary separation for a year without interruption or cohabitation, a two-year separation without interruption or cohabitation, whether or not it is voluntary, insanity, and criminal conviction if accompanied by certain sentences of incarceration.

A limited divorce based on what is called "constructive desertion" is also common.

Under Maryland law either party may ask for alimony. Both parties also have a responsibility for the support of minor children. In reaching its decision on such issues, the Court will attempt to make any awards reasonable, based in large part on a party's ability to pay. There are also mandatory child support guidelines in effect in Maryland which help determine the amount of support.

The needs of the children will predominate in the Court's decisions regarding custody, visitation, and support.

Divorce and separation remain an area of legal complexity. It is a good time to have objective advice from a lawyer. Please call us at (301) 924-4400 or e-mail us to discuss your situation.