Montgomery County Divorce Attorney
Divorce is usually a sensitive topic in most households until it actually happens. That’s when reality sinks in, and the need for a divorce attorney arises. At Divorce With a Plan, we can help you navigate the complex divorce process in Montgomery County, ensuring your family remains whole even after finalizing the divorce.
How Can a Montgomery County Divorce Attorney Help?
A Montgomery County divorce attorney does all the heavy lifting for you during the divorce process. This attorney can ensure that your best interests are protected even as you part ways with your loved one.
If you are filing for divorce for the first time, you may not know where to start. One thing you need to know is that there is no standard process; it all depends on the nature of your case. For example, the process of filing for an uncontested divorce is very much different from that of a contested divorce.
Then there is the issue of filing fees. Other than knowing the correct amount you need to pay, you will also need to know how and where to submit the fees. Not to mention the paperwork; the whole process can be confusing and overwhelming.
It is even worse when dealing with a nasty divorce and a manipulative or abusive partner. The roller coaster of emotions alone is enough to break you down physically, mentally, and emotionally. And in situations where kids are involved, things can get even more complicated.
And that is not all – other issues such as the division of property, alimony, child support, and custody could come into play depending on the circumstances of your family law matter. When you find yourself in such a situation, your best bet is to contact Divorce With a Plan for a consultation with someone who cares and could potentially help carry this burden on your behalf.
Bear in mind that you may not have another chance to fight for your rights once the divorce has been finalized. For example, you cannot claim spousal support after the divorce becomes official. These are just some of the things you will learn from your interaction with a seasoned divorce attorney.
Hiring an experienced Montgomery County divorce attorney is always a smart decision. Such an attorney understands how to navigate these complex processes, ensuring that your best interests are protected. In addition, they know what kind of paperwork you need to fill out, including the filing files, where to file, how to file, and so much more.
What is the Legal Definition of Divorce in MD?
In Maryland, a divorce is the legal, court-ordered termination of a marriage.
There are two types of divorce in Maryland: limited and absolute divorce.
A limited divorce is the kind of divorce that is not considered permanent. This kind of divorce lasts for an indefinite period or a specific period. In Maryland, you can get a limited divorce for any of the following reasons: cruelty, desertion, separation, or excessively vicious conduct.
On the other hand, an absolute divorce is the opposite of a limited divorce, meaning such a divorce is considered final. Common grounds for an absolute divorce include adultery, insanity, and imprisonment for a crime.
Before filing for a divorce in Montgomery County or anywhere in Maryland, you need to understand some important divorce laws in the state. More on that below.
What Are Some Important Laws Regarding Divorce in MD?
Maryland has some residency requirements that must be met before filing for divorce in the state. For the divorce to be processed in Maryland, you or your spouse must be a resident of the state. If the reason for filing for divorce occurred outside of Maryland, you could file for divorce in Maryland if you or your spouse has lived in Maryland for at least six months before filing.
You and your spouse can agree to end your marriage based on mutual consent. In that case, the judge will grant you an absolute divorce (that is, if you want the divorce to be final). However, for this to work, you must also agree on important issues such as alimony, custody, child support (if you have a child or children), division or property, etc.
What Are the Fault-Based Grounds for Divorce in MD?
Maryland considers certain issues as enough reasons (fault-based grounds) for an absolute divorce. Generally, you can file for an absolute divorce if your partner:
- Cheats on you (adultery);
- Is cruel towards you and your minor child;
- Deserts you for at least 12 consecutive months. However, for this to work, the desertion must be intentional and final, leaving no room for reconciliation;
- Has been convicted and sentenced for a crime in any state or US court for at least three years; or
- Has been confined in a hospital, mental institution, or any other institution for at least three years due to insanity.
Remember, divorce laws and processes in Maryland are broad. Speak with an experienced divorce attorney to understand the laws that apply to your specific situation.
What is the Difference Between a Contested Vs. An Uncontested Divorce?
When filing for divorce, it can either be contested or uncontested.
An uncontested divorce is the kind of divorce where both parties agree to the terms of the divorce. In most cases, spouses file for an uncontested divorce when they do not have any children or significant property together, hence nothing much to fight for.
On the other hand, a contested divorce is the exact opposite of an uncontested divorce. In this case, both parties fail to agree on certain issues pertaining to the divorce, forcing the court to intervene. Issues such as child support, alimony, child custody, and the division of property usually trigger a contested divorce if both parties fail to reach an agreement out of court.
What is the Difference Between a Divorce and a Separation?
The main difference between a divorce and separation is that in a divorce, the marriage is completely terminated. Conversely, in a separation, the marriage is still intact.
During separation, the couple lives apart from each other (without having sexual intercourse) with the intention of ending the marriage. Maryland laws consider separation as a legal ground (reason) to file for divorce. However, for this to work, the court will consider how long the couple has been separated.
Since the divorce process can be complex, it’s always advisable to hire an experienced attorney to represent you.
What to Look for In a Divorce Lawyer in Montgomery County, MD
There are so many things you need to consider when looking for a Montgomery divorce attorney. That said, we have narrowed down to the most important aspects:
An experienced divorce attorney understands the unique divorce laws both at the state, county, and city levels and how they apply to your particular situation.
At Divorce With a Plan, our attorneys boast years of experience handling these kinds of cases.
Our founder Josephia Rouse, Esq., began litigating law cases in 2013. Similarly, our senior attorney Ashley D. Edwards, Esq., has over 11 years of family law experience.
Experience aside, you need an attorney who is honest with you about your case. The last thing you want is an attorney who will give you false hopes and unrealistic expectations. Instead, you’re better off working with an attorney who strives to get the most reasonable and favorable outcome for you.
The attorneys’ reputation also plays an integral role in the selection process. Take your time to read through their reviews and testimonials. While at it, ask yourself the following questions;
- Is there anything, in particular, you like about that attorney or law firm based on their reviews and testimonials?
- Do the reviews or testimonials sound organic, or are they generic?
- What do your instincts tell you about the attorney or family law firm?
How a Divorce Attorney From Divorce With a Plan Can Help You
When tackling family law matters, particularly divorce, you need a plan. Divorce With a Plan is known for that.
We handle each case with the carefulness and meticulousness it deserves. Our primary goal is to streamline the divorce process, ensuring that families remain whole after that.
Because we plan every step, we know when it is right to negotiate and when it is necessary to fight. We are not one of those family law firms that fight just because they can. Instead, we believe in compassion, understanding, and finding reasonable solutions to the divorce process.
If you or a loved one is going through a divorce in Montgomery County, whether contested or uncontested, we might be able to help.
Contact Divorce With a Plan Today!
Our divorce attorneys serve clients throughout Montgomery County, including Rockville, Gaithersburg, Bethesda, Silver Spring, Germantown, Potomac, Olney, Takoma Park, Clarksburg, Chevy Chase, Kensington, and the surrounding areas.