The fundamental option to proceed through a divorce in Maryland is to file a complaint for divorce in the circuit court of that jurisdiction or county. The complaint should be based on one of several grounds, mutual consent, six (6) month separation and irreconcilable differences. The process of filing for divorce essentially sets the tone for the court to follow. There are other things that could happen along the way, such as mediation, which would be grouped with a mutual consent divorce. If the parties come to an agreement through mediation, they could convert it into an uncontested, mutual consent divorce that they sign off on and agree to on the record, which is the easiest and fastest way to get a divorce.
A custody trial could occur prior to or after the final divorce hearing, as could a pendente lite (PL) trial, which would give temporary support and solutions for custody, payment of suit money, spousal support, or child support. All these things can work together; it is not necessarily the case that one is done at the exclusion of the others.
What Factors Should Be Weighed When Deciding Any One Option Of Divorce With A Client?
A number of factors should be weighed when deciding how to proceed with divorce, such as whether there are children involved, whether the parties own property, how much money each party earns, whether any domestic violence has occurred, how long they’ve been separated, and whether there are any mental health issues present in the case. Another factor to consider is whether one party needs alimony and/or spousal support and if so for how long. Of course, there are legal factors to consider during custody determinations, as well as marital property separation laws to factor in.
How Can I Prepare For An Impending Divorce In The State Of Maryland?
To prepare for an impending divorce in Maryland, the best thing to do is consult with an attorney as soon as possible. An attorney can provide essential advice from the start to put you in a position where you achieve the best result for yourself, and defend against the biggest downside to a pending case. You might also write down your reasons for wanting to get divorced, and determine whether there is any room to resolve the dispute with your spouse and stay married. Is there adultery going on in the relationship? Is there domestic violence? What type of custody arrangement do you prefer? Do you own any property, and if so, how do you want it split? The other thing you have to consider is whether or not you want to cease discussions with your spouse on any of these aforementioned issues before you have a court case underway in order to protect yourself from the possibility of giving them too much information that could jeopardize your case at a later stage.