What will a lawyer talk about during the first conference?
In most cases, a lawyer will discuss several topics, including:

The possibility of solving marital problems through counselling
Assistance to you as a parent in meeting your children's needs
Dissolving the marriage by divorce
Financial matters involving child support, alimony, real estate and personal property;
Legal rights of the parties
Court procedures
Procedures in the lawyer's office for handling the case
Legal fees and court costs.

How is a divorce started?
The lawyer for the person seeking the divorce will file a formal document (called a complaint) with the appropriate court. This complaint includes information on the marriage, residency, present living arrangements, children of the marriage, previous court actions (if there are any) relating to the marriage, and the specific cause claimed for seeking a divorce. A copy of the complaint will be served on the spouse, either by mail or in person by the sheriff, or on the spouse's attorney.

Maryland has a residency requirement for eligibility to file for divorce. At least one of the parties must have been a resident of Maryland for at least the 12 months before the filing of the divorce complaint.

What should I do if my spouse has filed for divorce?
You should consult an attorney for advice right away. You may contest the reason claimed for the divorce, or contest child custody, support, alimony, and/or property division by filing the proper papers and appearing in court.  Or you may allow the case to be decided by default if you do not contest any part of your spouse's complaint and if you do not want to say anything to the judge. However, you will be bound by the judge's decision. Failure to follow court orders could result in a contempt-of-court conviction.

Even if you and your spouse have reached an agreement on support, alimony, property distribution, or other issues, each of you should seek a review of the agreement by your own independent attorney.

Your attorney will let you know what your rights are, choices you can make and any possible consequences of actions you might take.

How long does it take to get a divorce?
The time it takes to get a divorce depends on many factors, including the degree to which you and your spouse have agreed on related matters, and on the current backlog of matrimonial cases in your county. Your lawyer can offer some general guidance on the length of delay that you might expect in your divorce, A general guide, however, is that if both the husband and wife have agreed on all aspects of the divorce, a final court ruling will usually take three or four months. If aspects of the case are contested, a final decision may be anywhere from eight or nine months to several years depending upon the complexity of the case and the backlog in your county.

Will the court make any temporary decisions?
If it is necessary, the court can make temporary decisions about:

Custody of minor children
Alimony and child support
Who will live in the home that you and your spouse shared
Disposal of property to ensure payments of support or to protect a spouse's share in the property
Visitation rights for the spouse who does not have physical custody of the children
Any other temporary orders at the request of a spouse or because the judge believes it will be in the best interest of justice

Domestic Violence: What is a Protective Order?
All too frequently, divorcing couples have had a long history of inflicting physical harm or bodily injury upon one or both of the parties. The courts will not tolerate any family violence.  The court can enter a protective order that prohibits one person from committing family violence against another. The protective order usually goes so far as to prohibit one person from even going near the other person's residence or place of employment. A copy of the protective order is given to the police.

VIOLATION OF A PROTECTIVE ORDER IS PUNISHABLE BY A FINE OR CONFINENMENT IN JAIL FOR UP TO ONE YEAR.

Your spouse cannot waive the requirements of a protective order. If your spouse invites you over for dinner, and you go, as soon as you arrive your spouse can call the police and off to jail you go ---- it is no defense that your spouse invited you over.

If you have been involved in family violence, either as a victim or as the abuser, I urge you to get professional counseling. Professional counseling can break the cycle. Also please let me know the details so we can discuss a protective order.

What happens while I am waiting for the court decision on a final divorce?
After all papers are filed, there is usually a delay of several months before a judge can hear the case. During this time, the attorneys for both sides try to help the parties settle financial questions and other differences. The husband and wife may sign a written statement agreeing to a particular division of marital property and financial obligations. This document may also include the wishes of the husband and wife concerning child custody, support and alimony.

What are the grounds for divorce in Maryland?
Under Maryland law, a divorce maybe granted for any of the following causes:

Adultery
Willful and continued desertion for 12 or more months. Either physical desertion or refusal to have sexual relations with the other spouse may establish this cause.
Extreme cruelty, including any physical or mental cruelty that endangers your safety or health, or which makes continued living together improper or unreasonable. The law requires, however, that no complaint for extreme cruelty can be filed with the court until at least three months after the last act of cruelty listed in the complaint.
Mutual and voluntary separation for at least 12 months, or separation of at
least 2 years, without interruption and without marital relations and there is no reasonable prospect of reconciliation.
Insanity, if the insane spouse has been institutionalized or confined for at least 3 years prior to filing for divorce.
Conviction and a sentence of at least 3 years, of which at least 12 months have been served.
(This cause for divorce can be charged after the defendant's release from prison only if the husband and wife have not resumed living together after imprisonment ended.)
Incompatibility or irreconcilable differences is not by itself grounds for divorce in Maryland.

What is a "no fault" divorce?

Maryland is a "no-fault" divorce state, which means that the spouses are not penalized in a divorce based on fault. Bad conduct might impact a spouse's obligation to pay alimony and custody and visitation rights, but "fault" is not itself a grounds for divorce or relief.

Who will get custody of the children?

The welfare of minor children is of major concern to the court. Property rights and welfare of the adults involved are secondary. Neither parent is entitled to custody of any children automatically. The judge may consider many factors that will be discussed in court at a hearing. The factors may include the age and sex of the children, compatibility with each parent, ability of the parent to care for the children and the personal conduct of each parent. Some courts maintain mediation programs to assist the parties in solving these issues for themselves.

How much child support has to be paid?
Maryland law requires one to follow the state's Child Support Guidelines, which sets forth minimum requirements that are non-negotiable. Related issues should be discussed with an attorney.

Am I Entitled to Alimony?
There are different types of alimony awards in Maryland. Entitlement depends on various factors, including the length of the marriage, disparity in incomes, changes in health, one spouse sacrificing his or he career or earning capacity to maintain the family home and allow the other spouse to advance his or her career. Much depends on the facts and circumstances and one should seek professional advice from legal counsel.

Who will get the property?
The general rule is that all property acquired during the marriage is "marital property" and that each spouse is entitled to one-half. Inherited property typically isnot marital property. Depending on the facts and circumstances, there may be exceptions and offsets, waivers. Therefore, one should seek legal advice rather than make assumptions.

Are retirement funds protected?
Although the law states that whatever accrues in either spouse's retirement or pension accounts during the marriage is marital property and each spouse is entitled to half, regardless of how the account is titled. As a practical matter, until a court ordered division of the account is implemented, a vindictive spouse can in effect "raid" the account and withdraw all the funds, effectively wiping out the asset. The fact that the aggrieved spouse may sue for restitution does not, in many cases, provide adequate relief, since the funds frequently have disappeared or been spent and the vindictive spouse may not be able to make restitution. Also, there may be a significant cost factor to pursue such an action.

Therefore, if you believe your spouse may "raid" the retirement account, the best approach may be act quickly by filing for an injunction to freeze the account pending resolution of the division of the marital assets.

Am I liable for my spouse's debts?
Acknowledging social changes, Congress recently rewrote some of the debt guidelines involving divorced couples whose financial lives remain entwined.

The "Innocent Spouse" Bill. This bill was recently passed as part of a larger IRS reform. It helps divorced individuals who owe back taxes for debts that were incurred by signing a joint return. The individual can now file as an "innocent spouse" and be relieved of paying back taxes that are really the responsibility of the ex-spouse.
The Separate Liability Election. This provision addresses individuals living apart for at least 12 months from the time a joint return, on which taxes are still owed, was signed. Using the "separate liability election," the individual can now have the liability for the debt limited to only the items that are directly allocable to the individual. 
Credit card debt. Debt incurred on a joint account remains the responsibility of the cosigners until the account is paid in full, no matter what a judge decided in court. In other words, VISA is not involved in divorce decrees!

When is a divorce final?
When the judge issues an order declaring that a marriage has ended under the laws of Maryland, the divorce is final.

Are all arrangements final after the judge has made the divorce?
Not necessarily. After a divorce is final, changes in some arrangements (like custody, visitation and support) may be considered if either party can show a judge that situations have changed. A modification in financial arrangements may be called for if there have been changed circumstances that substantially hurt the dependent spouse's ability to maintain the standard of living which was reflected in the original decree. Criteria that may influence the court to order a modification might include inflation, a decrease or increase in the supporting spouse's income, illness, disability, the decision of the dependent spouse to live with another person or a new job. Be aware, though, that each individual case will be considered on income, assets and need.

How to Choose an Attorney?
Consulting with an experienced professional is the first step to determining what really needs to be done. Then, you will be able to make an informed decision and enjoy the benefit of being guided by someone who understands your needs and concerns.

Rob Goldman Legal Solutions is dedicated to helping individuals and businesses solve life’s challenges by providing clear explanations and practical solutions at an affordable price. With over 15 years of experience, Rob Goldman has the knowledge and practical experience to guide you in this most important decision-making process. Rob Goldman is committed to providing individuals and families with Peace of Mind.