Let’s face it. Divorces are not only stressful, but they’re also overwhelming and incredibly time-consuming! If you’re considering filing for divorce in the state of Maryland, then you must read this article. We’ll go over some of the most frequently asked questions about Maryland divorce laws and provide insights into the process.

What Forms Do I Need to File?

The plaintiff must file:

• A Complaint for an Absolute or Limited Divorce
• The Maryland Civil Domestic Case Information Report
• A Financial Statement (if either alimony or child support are at issue in your divorce)

The filing must be done in your county’s Circuit Court. You will need to pay the required fees upon filing or request a fee waiver.

What is the Difference Between Absolute and Limited Divorce?

An absolute divorce is what most people think of when they hear the word, “divorce.” An absolute divorce permanently ends the marriage while a limited divorce is more like a legal separation. If you are granted a limited divorce, you are still legally married pending further resolution.

There is also a mutual-consent divorce. This type of divorce allows a spouse to divorce more quickly if they sign a Martial Settlement Agreement. The spouses are allowed to continue living together and do not have to meet the 12-month voluntary separation period.

What is the Difference Between a Contested and Uncontested Divorce?

In an uncontested divorce, both parties agree to the divorce and its terms. A Marital Settlement Agreement can be used to work through key issues related to the marriage. In a contested divorce, one of the spouses disagrees with the decision to divorce and/or the terms associated with it (such as child custody or alimony).

Do I Have to Remain in Maryland After Filing?

No, you are free to move if desired. Keep in mind that moving far away may make it inconvenient and more time-consuming to attend hearings.

What is a Marital Settlement Agreement?

A Martial Settlement Agreement documents and resolves key issues related to marriage including division of property, joint debts, and the care of children. This agreement simplifies divorce proceedings and pleadings. For divorces with grounds of voluntary separation, this agreement can serve as evidence for obtaining a divorce.

How Long Will the Process Take?

It is difficult to state exactly how long your divorce will take. An uncontested divorce is resolved faster while contested divorces, especially those involving children, take longer. Keep in mind the length of time is also dependent on the county’s Circuit Court.

To avoid a long, drawn-out divorce, seek the advice and guidance of an experienced divorce attorney at Akman & Associates as soon as possible.

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Are you considering signing a separation agreement in the state of Maryland? Separation agreements serve as an agreement for two people to live separately and outlines many key issues  that can include child support, custody, division of property, alimony and other key information. In this article, we’ll go over what a separation agreement must include, what it does and doesn’t cover, and how to execute one in Maryland.

What is a Separation Agreement?

Spouses can come to an agreement on important issues related to their divorce with the help of an attorney or mediator through a marital separation agreement. A separation agreement is generally made and notarized before the filing for divorce. It typically covers matters including the following:

• Property and debt division
• Child custody
• Visitation
• Child support
• Alimony
• Health insurance
• Taxes
• Pensions
• Marital homes and other real property

With a settlement agreement, you and your spouse can come to an agreement over the matters before you even file for divorce. This agreement is legally binding and should be considered a written contract.

If one of the parties violates the agreement, a lawsuit for breach of contract may be filed. It may also be revoked if the spouses reconcile and live together again or if a second agreement is put into writing.

How Do I Execute a Marital Settlement Agreement?

As for the execution of the marital settlement agreement, you do not have to file it with the court for it take effect. The agreement should state whether the agreement will survive the judgment of divorce as a separate contract, or whether it should be merged and incorporated into the judgment of divorce.

Keep in mind that the court may modify the agreement with respect to minor child custody, care, custody or education as well as for alimony or spousal support. The court cannot modify a provision of the agreement related to alimony or spousal support if the agreement includes an express waiver of alimony or spousal support or a provision that states provisions regarding alimony or spousal support are not subject to court modification.

Though it is possible to execute a martial settlement agreement without the assistance of a licensed attorney, it isn’t advisable. Don’t leave your future up to chance. Get in touch with Akman & Associates, LLC., to discuss if a marital settlement agreement is right for your situation.

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Resolving Disputes More Readily and Rapidly

While collaboration may not be readily associated with family law, the truth of the matter is family law requires a great deal of communication and in some cases, compromise and negotiation. In particular, divorce may include navigating a number of disputes regarding property ownership, finances, and child custody. While litigation can certainly resolve these matters, it implies a great deal of time, money, and emotional labor. For that reason, more and more couples are turning to collaborative law to help resolve these disputes and move forward.

How the Process Works

So, what is collaborative law? With this method, each spouse has their own attorney who helps them navigate disputes outside of the courtroom. In fact, going to court is outside the process of collaborative law. The idea behind collaborative law is to reach fair compromises and avoid long, drawn-out, emotionally charged battles in court. If either spouse does decide to go to court, the process must be terminated, and the attorneys involved must excuse themselves from the case.

There are other professionals involved in collaborative law including child specialists, financial advisors, mental health professionals and more. These individuals assist in resolving disputes and share their expertise to help with decision making.

Collaborative law does require a contractual agreement. Each party must agree to a disclosure of documents, meaning they must readily and openly share documents and information pertinent to the matters at hand. They must also agree to split costs of outside experts that may be needed to reach an agreement. Each party must conduct themselves appropriately and behave respectfully. If children are involved, each spouse must work toward protecting children from being negatively impacted by the divorce as much as possible.

Collaborative law requires a certain mindset and desire to work together with your spouse as much as possible. This mindset can be difficult to reach, but is often worth it in the long run, resulting in faster resolution and significantly reduced costs.

Are you thinking about pursuing collaborative law in your divorce case? Contact us at Akman & Associates so we can discuss your case and the best way to proceed.

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While we often see long, acrimonious divorce trials in movies and on television, there are times when couples find themselves in a relatively peaceful, non-combative divorce. These couples have agreed upon divorce and are willing to work together to reach an agreement even if they don’t necessarily see eye-to-eye on every single matter.

Collaborative law can help them work through matters to settle issues without having to fight it out in the courtroom. To find out how collaborative divorce works and how to determine if it’s the right approach for you, keep reading.

The Collaborative Process

Through the collaborative process, spouses intending to divorce can work with professionals to create and finalize an agreement that is acceptable to both parties. Attorneys who are trained in collaborative law work with you and your spouse to negotiate a settlement agreement. Generally, each spouse meets with his or her family law attorney and then later meets as a group to discuss the settlement. These meetings may also include other important professionals such as accountants, financial advisors, and child custody representatives.

The greatest difference between a collaborative divorce and a traditional divorce is that litigation is not involved. Instead of disputing matters, spouses work together to mediate and negotiate matters. Thus, it is important that both parties be committed to mediating and negotiating through the collaborative divorce process.

What to Expect in An Collaborative Divorce

Some common aspects of a collaborative divorce:

• signing an agreement to allow attorneys to withdraw from the case when a settlement cannot be reached
• mediating and negotiating on key matters such as property, assets, and children
• providing required information readily
• determining how to make any required decisions after the divorce is finalized

So, how do you know if the collaborative approach is the right one for your divorce? If matters have been relatively non-combative at this point, it may be the right approach. If you believe you and your spouse can come to an agreement with specially trained professionals, a collaborative divorce can help you avoid the cost, time, and emotional turmoil of a contentious divorce trial. To discuss collaborative divorce with a qualified attorney, reach out to Akman & Associates, LLC

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