We already know how hard to be in this situation of divorce. You do not need to face it alone; we are always here. Divorce With A Plan will help achieve your best interest. Connect us today, and let us have a better plan for the best future.
Let’s have clarity on what you want and how to achieve it.
Let’s have a plan for how much time, energy, and effort it will take to accomplish the goal and take into account the other party’s current key principles and interests in the divorce case.
Let’s be relentless and focused on our goal and prepare for the better.
Before pursuing law, Josephia Rouse, Esq. was a Legal Administrative Specialist for the Department of Veterans Affairs. Even though she worked for the Federal Government, she always knew she loved problem-solving and had a passion for helping people understand their rights. In a leap of faith, she left the security of her federal job and into the uncertainty of law school.
She has over eleven (11) years of experience providing zealous advocacy for indigent children and adults. Having spent her first six (6) years of practice as a criminal defense attorney, she then joined the Franklin Law Group, P.C. in 2017 as a supervising attorney, transferring her advocacy skills to the representation of abused and neglected children. She is a Certified Best Interest Attorney.
A divorce is the formally sanctioned dissolution of a marriage by a court. Absolute and restricted divorce are the two types available in Maryland.
A married couple must satisfy the statutory residency requirements to get an absolute or limited divorce. Once one spouse files a complaint for an absolute divorce or a complaint for a limited divorce in the circuit court of Maryland, where the spouse resides, a divorce case will start.
Divorce Grounds in Maryland
The legal grounds for divorce are outlined in the Maryland statutes. Only the grounds listed in the statutes may be used to grant a divorce. These grounds can be classified as either “no-fault” grounds, where no misconduct is claimed, or “fault” grounds, when misconduct by one spouse toward the other spouse is claimed.
The marriage is permanently dissolved through an “absolute divorce.”
A person must put forth grounds or explanations for the divorce while seeking an absolute divorce. Absolute divorce grounds include:
Either party may get married again after an absolute divorce decree is issued. The order of absolute divorce may include specific choices about child custody and support, alimony (payment made by one ex-spouse to the other), and whether to enable one spouse to use their former name.
Additionally, any jointly owned property is divided and allocated by a legal contract (such as a prenuptial agreement or other written contract) or the Marital Property Act. Once the property has been divided, neither party may assert ownership of the other’s belongings. After a final divorce, neither party may continue to inherit property from the other as spouses.
When a married couple separates, it is referred to as a limited divorce (sometimes known as a legal separation). A limited divorce DOES NOT mean that the marriage is over permanently. Instead, the couple continues to live apart while still being legally married. In a limited divorce, neither spouse can be married again or engage in sexual activity with another person. One spouse has committed adultery if they have sexual intercourse with someone else.
Absolute divorce can be obtained without first completing a limited divorce. The court may give a restricted divorce even if an absolute divorce is requested.
A limited divorce is typically employed by individuals who (1) lack the legal justification for an absolute divorce, (2) require financial relief, and (3) are unable to resolve their issues privately.
Grounds for Limited Divorce include:
A limited divorce order can determine interim arrangements for child custody, child support, alimony, and the use and possession of the property, in addition to stating the separation date.Connect With Us Today for FREE CONSULTATION!
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We strongly believe in fighting for our client’s best interests because they come first. If the settlement or resolution does not represent what we believe our clients deserve, we will not settle for it.
Family law matters, such as divorce, can make or break your future. For this reason, you need a family law attorney that actually understands what is at stake regarding your specific case. That’s where Divorce With a Plan comes in. We can help protect your future by fighting for your best interests. Our goal is to ensure you will have peace of mind whatever the outcome.
Most importantly, it is our job to ensure that you take advantage of your rights to fight for your best interests in whatever family law matter you face.
Our values revolve around proper planning when handling family law issues. From our experience, we know that each case deserves a unique approach. For this reason, we carefully study our client’s cases and create a plan that reflects their best interests at that particular moment and also for the long-term future. That way, our clients can rest easy knowing that we are not here to provide temporary solutions to long-term problems.
Our job is to help you make decisions that will lead you to the life you want and protect your future. If that is what you are looking for, then you are in the right place.
We believe that the divorce process should be carefully and meticulously executed. We’ll fight to secure the best interests of your family.Learn More
You can change your spouse, but your children will always remain a part of you. Your family law attorney will listen to and understand your concerns.Learn More
Whether you owe child support or are the recipient, we’ll listen to your case thoroughly. Devising a plan with us, you’ll be well taken care of.Learn More
Spousal support is usually one of the most contentious issues during divorce. With a family law attorney, you can know we have your back.Learn More
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Josephia was a bright spot in my life and her client engagement practices and very smart litigation planning provided the strategy needed to win my case and kept me prepared for some of the follow-on legal activities. Josephia was very consistent with follow up calls to ensure any and all necessary information was known about…
I would never be able to thank Josephia enough for all the help provided as well as the dedication given throughout my trail. I consulted with several lawyers before I was blessed with Josephia, no one besides her gave my hope and actually took the time to explain and find the best way to divorce.…
The attorneys and staff at Divorce With a Plan are dedicated and determined to get results for their clients. As a young father new to the area, with limited friends and family this firm fought hard for me and my family's future. It is evident that they are passionate about the service they provide for…
Get to know Josephia Rouse, the Divorce With A Plan Attorney that can help you fight with your best interest and can give you a better plan for your best future.
Divorce is a complex process, and Numerous factors to consider could make an already problematic scenario much more onerous. A thorough list of the most frequently asked questions has been compiled.
Both “fault-based” and “no-fault” divorces are legal in Maryland. When you apply for a divorce based on fault, you argue that your marriage collapsed due to specific wrongdoing. Pursuing a fault-based divorce might extend the procedure and dramatically increase costs because your spouse will likely contest those allegations.
You may file for divorce if you meet Maryland’s residency and jurisdictional criteria. In Maryland, there typically is no waiting time before you can file for divorce. The sole exception is if you lived outside the state when your divorce was legally justified. If so, you or your spouse must have lived in Maryland for six months before filing for divorce.
You only need to be separated before you may file for or finalize a divorce in Maryland unless you’re doing so based on an 18-month separation (as was stated above).
Even so, many married couples eventually part ways after deciding to dissolve their union. If you’re considering doing that, consider whether it would be in your best interests to leave the family home before or after the divorce.
When you file your initial divorce application with the court, you will typically have to pay a fee. The filing fee in Maryland is $165 as of September 2022. However, that sum is subject to change. By submitting a “Request for Waiver of Pre-paid Costs,” you can petition the judge to waive court costs if you cannot pay them.
Beyond the filing fee, the price of your divorce will depend on your case’s particulars, particularly:
-Whether you can apply for an uncontested divorce, which would increase your chances of getting a DIY divorce because you and your spouse have already reached an agreement on all of the legal issues, and
-If you’ll need to engage a lawyer to handle your divorce, how much do they bill by the hour, and how long will it take them to settle your case’s problems?
Unlike many other states, Maryland does not need a waiting time before you may finalize your divorce. Similar to how much it will cost, the specifics of your divorce will determine how long it takes.
In most cases, an uncontested divorce takes two to three months. In Maryland, a magistrate must assess your settlement agreement during a final hearing to ensure you’ve fulfilled all the prerequisites for divorce. Therefore, scheduling that hearing could take longer if the courts in the county where you filed for divorce are experiencing backlogs (Md. Rules, rule 9-209 (2022)).
However, if your divorce is challenged, you’ll need to go through various legal proceedings that could extend the process by several months. Additionally, going to trial will take much longer—typically more than a year—if you and your husband cannot reach a settlement agreement.
According to the “equitable distribution” standard, judges should divide property according to what they deem fair in each case. Maryland courts share marital assets.
Usually, assigning a value to each asset is rather simple. But sometimes it can be difficult to divide some property. This frequently occurs in family-owned businesses, where a forensic accountant’s opinion may be necessary. Another illustration is the division of retirement savings, which requires consulting an expert.
In Maryland, all decisions regarding the legal and physical custody of children—including a judge’s decision on whether to approve the parents’ parenting plan—must be made with the best interests of the kids in mind.
When deciding who gets custody, judges will take many considerations into account. These considerations include the moral character and reputation of each parent, their wishes about child custody, and if they have voluntarily given up or abandoned the child.
The judges will also examine the children’s desires for custody. Generally speaking, the older a child is, the more likely it is that the judge will respect the child’s desires.
Like every state in the country, Maryland has regulations that contain specific principles for determining who is responsible for paying child support and how much that support should be. Learn everything there is to know about Maryland’s child support guidelines, including when support amounts may deviate from them.
When deciding whether to grant alimony in a Maryland divorce, the judge will take into account a number of variables, in addition to the sum and length of the payments. The length of the marriage is one of these elements. the age and physical and mental well-being of the partners, as well as the style of living during the marriage.
If the judge decides it is appropriate, temporary alimony may be granted while the divorce is still pending.
You and your husband can agree on handling the issues involved at any point in the divorce process—from before you file for divorce until just before trial. In actuality, courts actively promote settlements.
If everything has been resolved, you will often include all the specifics in a written divorce settlement agreement that will be incorporated into the final divorce decree.
You will need to go to trial to have a court settle those disagreements if you and your spouse can’t agree on one or more of the legal problems involved in dissolving your marriage. Your divorce will take longer and cost more if you must go to court. Therefore, it’s in your best interest to take all reasonable steps to reach an equitable settlement agreement for you and your husband, if possible.
You must persuade a judge that you fall under one of the limited reasons for nullifying a marriage to obtain an annulment. Maryland Code, Family Law 2-202 (2022).
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