Divorce Lawyers in Maryland

The decision to end a marriage is one of the most difficult and consequential choices a person can make. The divorce process involves not only the emotional turmoil of separating from a spouse but also a series of complex legal steps that will shape your future. Issues of property division, financial support, and child custody must be resolved, and the path to resolution can be either cooperative or contentious.

At Nguyen Roche Sutton, we guide clients through the divorce process with a combination of compassionate counsel and assertive advocacy. We understand that every divorce is unique, and we tailor our approach to fit the specific circumstances of each case.

Our attorneys are experienced negotiators who can facilitate amicable settlements, but we are also seasoned litigators who are always prepared to protect our clients’ interests in court. Our focus on litigation readiness ensures that we are negotiating from a position of strength, which often leads to more favorable outcomes, whether at the settlement table or at trial.

Grounds for Divorce in Maryland

As of October 1, 2023, Maryland law has been updated to simplify the grounds for an absolute divorce, which is a final, permanent end to the marriage. The new, no-fault grounds are:

• 6-Month Separation: This ground is available if you and your spouse have lived separate and apart for at least six months without interruption before filing for divorce. “Separate and apart” means living in separate residences; living in different rooms of the same house does not qualify.
• Irreconcilable Differences: This ground can be used if you and your spouse have differences that have led to the irreversible breakdown of the marriage. It does not require a separation period and can be used even if you are still living together when you file.
• Mutual Consent: This is the fastest path to divorce in Maryland. If you and your spouse have a signed, written settlement agreement that resolves all issues of property, debt, and (if you have minor children) custody and child support, you can file for divorce on the grounds of mutual consent. Neither party has to be found at fault, and there is no required separation period.

These changes eliminated the previous fault-based grounds for divorce, such as adultery and desertion, simplifying the process and removing the need to prove misconduct in court to obtain a divorce.

Contested vs. Uncontested Divorce

Divorces in Maryland can be broadly categorized as either uncontested or contested:

• Uncontested Divorce: An uncontested divorce is one in which the parties have reached an agreement on all issues, including property division, alimony, custody, and child support. This is most commonly achieved through the “mutual consent” ground for divorce. Uncontested divorces are generally faster, less expensive, and less stressful than contested divorces.
• Contested Divorce: A contested divorce is one in which the parties cannot agree on one or more key issues. These cases may require court intervention to resolve disputes. A case can be contested on issues of property, finances, or children. Contested divorces often involve a period of discovery, negotiations, mediation, and, if no agreement can be reached, a trial where a judge will make the final decisions.

Even in a contested case, most issues are ultimately resolved through settlement before a trial.

The Divorce Process in Maryland

While the specifics can vary, the divorce process in Maryland generally follows these steps:

1. Filing the Complaint: One spouse (the Plaintiff) files a Complaint for Absolute Divorce with the Circuit Court in the county where either spouse resides. This document states the grounds for the divorce and outlines the relief being requested (e.g., division of property, custody).
2. Serving the Other Spouse: The other spouse (the Defendant) must be formally served with the divorce papers. This ensures they have legal notice of the lawsuit.
3. Filing an Answer: The Defendant has a limited time (30 days if served in Maryland, 60 if served in another state) to file an Answer to the Complaint, responding to the allegations and stating their own requests.
4. Discovery: In contested cases, the parties engage in discovery to gather information from each other. This can include financial statements, property appraisals, and depositions.
5. Negotiation and Mediation: Throughout the process, the parties and their attorneys will attempt to negotiate a settlement. Many Maryland courts require the parties to attend mediation to try to resolve their issues with the help of a neutral third party.
6. Marital Settlement Agreement: If the parties reach an agreement, the terms are put into a legally binding contract called a Marital Settlement Agreement. This agreement is then submitted to the court for approval.
7. Trial: If any issues remain unresolved, the case will proceed to a trial. A judge will hear evidence and testimony and then issue a final judgment that resolves all outstanding issues.
8. Final Judgment of Divorce: Once all issues are resolved, either by agreement or by the court, the judge will sign a Judgment of Absolute Divorce, which legally ends the marriage.

Equitable Distribution of Marital Property

One of the most important aspects of a divorce is the division of marital property. Maryland is an equitable distribution state, which means the court will divide marital property fairly, but not necessarily equally. The process involves three steps:

1. Identifying Marital Property: Marital property is any property acquired by either spouse during the marriage. This includes real estate, bank accounts, investments, retirement funds, and business interests. Property acquired before the marriage or received as a gift or inheritance is generally considered separate property and is not subject to division.
2. Valuing Marital Property: Once identified, all marital property must be valued. This can be straightforward for bank accounts but can be very complex for assets like a business, stock options, or a pension.
3. Distributing the Property: The court will then distribute the property equitably, considering factors such as the financial and non-financial contributions of each spouse, the economic circumstances of each spouse, and the reasons for the breakdown of the marriage.

Our firm’s experience with complex financial and business matters is a significant asset in high-net-worth divorces where property division is a central issue.

Our Approach: Strategic Advocacy in Your Divorce

At Nguyen Roche Sutton, we are, first and foremost, trial lawyers. This litigation-ready mindset means we are always prepared to protect your interests in court, which is the key to a strong negotiating position. We provide the clear-headed, strategic guidance you need to navigate this life transition with your financial future and parental rights protected.

Schedule a Consultation

If you are considering divorce or have been served with divorce papers in Maryland, it is important to understand your legal rights and options. Contact Nguyen Roche Sutton to schedule a confidential consultation with one of our experienced divorce attorneys.

Call (443) 702-5769 or complete our online contact form to schedule a consultation.

Frequently Asked Questions (FAQs)

How long does it take to get a divorce in Maryland?
The timeline for a divorce depends heavily on whether it is contested or uncontested. An uncontested divorce based on mutual consent can be finalized in as little as a few months. A contested divorce can take a year or longer to resolve, depending on the complexity of the issues and the court’s schedule.

Can one attorney represent both spouses in a divorce?
No. It is a conflict of interest for one attorney to represent both parties in a divorce. Each spouse should have their own independent legal counsel to ensure their individual interests are protected.

What is a Marital Settlement Agreement?
A Marital Settlement Agreement (MSA) is a legally binding contract that sets out the terms of a divorce. It covers all relevant issues, including the division of property and debt, child custody and visitation, child support, and alimony. A comprehensive and well-drafted MSA is the key to an efficient and successful uncontested divorce.

Do I have to move out of the house to get a divorce?
For the “6-month separation” ground for divorce, you must live in separate residences. However, for the grounds of “irreconcilable differences” or “mutual consent,” there is no required separation period, and you can still be living in the same house when you file for divorce.

How is debt divided in a Maryland divorce?
Similar to assets, debt acquired during the marriage is generally considered marital debt and is subject to equitable distribution. The court will divide marital debt between the spouses in a way that it deems fair, considering who incurred the debt and for what purpose.

What if my spouse is hiding assets?
If you suspect your spouse is hiding assets, it is important to raise this concern with your attorney immediately. Your attorney can use the discovery process—including subpoenas, depositions, and requests for documents—to trace and uncover hidden assets. In some cases, it may be necessary to hire a forensic accountant to assist in the investigation.