Getting a divorce may not necessarily be your vision of your golden years, but it’s no longer an uncommon occurrence for seniors to divorce. In fact, the divorce rate for couples who are 50 years of age and older has doubled in recent years. When considering a divorce at any stage in life, it’s essential to obtain legal guidance from a seasoned family law attorney in Baltimore and Carroll Counties. A family law attorney can help you understand how Maryland divorce laws may affect you.

Spousal Support

As a senior, it’s not likely that you’ll need to receive or pay child support. However, spousal support may become an issue. If the marriage was a long one, then the court may be more likely to award indefinite alimony instead of short-term alimony. A spousal support arrangement will depend on many factors, such as whether one or both of the spouses are working and what standard of living was enjoyed during the marriage. A family law attorney can review your unique situation to estimate whether the court may be likely to award alimony.

Marital Property

Older couples who are divorcing may be more likely than younger couples to have accumulated significant marital assets. Maryland is an equitable distribution state. This does not mean that the marital assets will automatically be split 50/50, but rather that the court will determine an arrangement that is fair for both parties. One major point of contention for divorcing spouses is often the family home. If one spouse is particularly attached to the home, then the other spouse might agree to leave the home in exchange for a larger share of another asset, such as retirement funds. Bear in mind that if you keep the home, you may later have difficulty with property taxes and maintenance – particularly if you take a reduced alimony payment or share of the retirement funds.

Prenuptial Agreements

After your divorce is finalized, you may decide to begin dating again. If you decide to remarry, it’s a wise decision to have a family lawyer draft a prenuptial agreement for you – just in case. Another divorce may have serious consequences for your retirement.

Compared to many other states, such as California, Maryland has relatively strict laws regarding divorce. Spouses may file for limited divorce or absolute divorce, but only based on certain grounds. When you meet with divorce lawyers in Owings Mills, you can learn more about filing for limited or absolute divorce.

Differences Between Limited and Absolute Divorce

Maryland family law defines limited divorce as a legal separation. If the court grants a limited divorce , you are not actually divorced. Legally, you are still married to your spouse and you may not remarry. Spouses may seek a limited divorce when there are certain issues that they need to resolve through the court. In contrast, an absolute divorce is a permanent dissolution of the marriage. A divorce decree settles issues such as property division. Once a divorce decree is issued by the court, the divorce is finalized and either party is free to remarry.

Grounds for Limited and Absolute Divorce

Maryland divorce laws establish four grounds for seeking a limited divorce. They are the unjustified abandonment of a spouse, cruelty of treatment, and/or vicious conduct toward a spouse or minor child. The fourth basis is established if the spouses have been living separately. It is not strictly necessary to obtain a limited divorce before filing for an absolute divorce. Spouses can file for absolute divorce if they have been living apart from each other continuously for one year, without having had sexual relations during that time. A spouse can file for absolute divorce before this one-year mark if he or she can prove adultery, desertion, cruel treatment, insanity, or incarceration of the other spouse. Sometimes, couples can file for an absolute divorce based on mutual consent. This applies if they do not have any minor children in common and they submit to the court a written, signed settlement agreement that resolves all issues.

Issues Resolved Through Divorce

A limited or an absolute divorce can resolve a number of issues. Limited divorce can address matters pertaining to child custody, child support, spousal support, and the use and possession of property. Similarly, an absolute divorce resolves issues such as child custody, child and spousal support, property division, and surname changes.

It’s wise to wait to discuss divorce with your children until you are positive that you will have divorce lawyers in Owings Mills file for divorce on your behalf. When you do discuss the matter, be prepared to be asked plenty of questions. Depending on the age of your children, they may be concerned about where they will live, whether they’ll still see both parents, and whether they can remain in the same school. If the child custody arrangement has not yet been determined, you can simply tell your children that they will still see mommy and daddy regularly.

For more advice on discussing divorce or legal separation, watch this interview with “Supernanny” Jo Frost. She cautions parents to avoid discussing the specific reasons for the divorce and to avoid disparaging the other parent in front of the kids.

Divorce has a reputation for being highly stressful, contentious, and sometimes downright hostile—with good reason. A marriage is an investment in another person that requires hard work and commitment. When it falls apart, there may be plenty of ill will and hurt feelings. But not every divorce has to be characterized by aggression or hostility. With the help of divorce lawyers in Baltimore County or the Owings Mills area, you and your spouse could choose to work collaboratively toward a mutually agreeable settlement. This is particularly important if the marriage produced minor children. Even if a wholly amicable divorce isn’t possible, it’s still wise to try to keep the peace.

Focus on Moving Forward

Marriage often involves making compromises and putting your spouse’s needs before your own. During a divorce or legal separation, it’s time to move forward and focus on your own needs. It’s perfectly alright to mourn for the loss of the marriage, but if you become preoccupied with the past, you may find yourself expressing your resentment to your spouse. Instead, try to look to the future. Make practical plans, such as arranging for housing and possibly counseling sessions with a mental health professional. Take care of your own physical and emotional needs. Plan future projects, such as taking up a new hobby, becoming a volunteer, or going back to school.

Try to Respond, Rather Than React

Keeping the peace during a divorce requires both spouses to refrain from engaging in uncivil behavior. However, even if your spouse treats you in a disrespectful manner, this does not mean that you have to react in a similar fashion. Instead of reacting to unpleasant situations, try to respond. The difference is that when you respond, you set aside strong emotions, consider the situation in a logical manner, and make reasonable decisions.

Consider Entering Into Mediation

Divorce laws in Maryland allow family court judges to require spouses to enter into mediation. However, even if the judge does not order mediation, you may wish to consider it. Mediation is especially ideal in cases involving minor children, since it can help preserve a cooperative relationship. You can speak to your attorney about private mediation options not provided by the court.

After a divorce, you may wish to consult a child custody lawyer serving Baltimore County or the Owings Mills area regarding compliance with child custody laws , such as those that pertain to passports. Children under the age of 16 cannot apply for a passport by themselves. Provided the child does not have only one parent or guardian, both parents must appear in person with the child to apply for the child’s passport. If the divorce was not amicable and child custody was highly contentious, one parent may apply in person with the child, provided he or she has the consent of the other parent.

You can hear more about this complicated issue by watching this video. It explains that the parents must fill out and submit the DS-11 application. If both parents are not physically present with the child, then the application must be accompanied by a signed and notarized Form DS-3053: Statement of Consent from the other parent.

It’s no secret that divorce can create financial problems. You’ll need to pay court fees and the fees of your family law attorney near Owings Mills—and those are only the short-term financial consequences. On a long-term basis, you’ll most likely need to rearrange your budget to account for a single income. Depending on child custody, you may need to pay child support. Under family law , you may also have to pay alimony. Additionally, you may need to make alternative living arrangements. To place yourself in a position to move forward with your life as quickly as possible, it’s best to begin preparing financially for divorce as soon as you’ve made the decision to leave your spouse.

Make Copies of Important Documents
It’s not uncommon for one spouse to be less than completely aware of the household finances. However, your family attorney will need to review important documents such as your tax returns. Compile documents pertaining to investments, expenses, and debts, and make copies to bring to your appointment with the divorce lawyer.

Make a List of Assets and Liabilities
While you’re sorting through your financial documents, begin making a list of all of your liabilities, or debts. Make a note of whether the debt is in your name, your spouse’s name, or held jointly. Similarly, make a list of all liquid assets, including bank accounts and investments, and non-liquid assets, such as real estate and vehicles.

Establish Your Own Accounts
If you don’t already have your own bank accounts, it’s a good idea to open checking and savings accounts that are only in your name. However, avoid closing or removing your name from any joint accounts until you speak with your family attorney about this matter. Many people who are preparing for divorce also begin saving cash for legal fees and living expenses during the divorce proceedings.

Speak with a Financial Advisor
Make an appointment with your financial advisor and inform him or her that you’re planning a divorce. He or she can help you understand any issues that may apply to your situation, such as changes in your taxes. Consulting a financial advisor is particularly important if the other spouse handled all or most of the household finances. The financial advisor can walk you through the basics of managing your accounts and creating a single-income budget.

Along with child custody issues, financial matters are typically a top priority during divorce proceedings. Bring along all of your important financial documents when you meet with a divorce attorney serving Owings Mills. Your divorce lawyer will need to review your bank statements and tax refunds, for example. Portfolio holdings can also influence divorce settlements. These include any type of investments, such as stocks, bonds, mutual funds, private equity, hedge funds, exchange-traded funds, and futures. All of these are liquid assets.

Non-liquid assets can also significantly influence divorce settlements. Your divorce lawyer will need to know about property that you own, such as homes, vacation homes, vehicles, high-end jewelry, artwork, and similar physical property. As your family lawyer can explain to you, the court will consider the entirety of your finances when determining how to divide assets and liabilities. Other factors may be relevant to your situation, such as whether one party is ordered to pay alimony or child support.

When you consult divorce lawyers in Owings Mills, one of the issues you should discuss is your finances. Your divorce lawyer will review your assets and liabilities , and advise you as to what you might expect from the divorce decree. For example, under family law, your spouse and dependents may be entitled to receive a percentage of the proceeds from your 401(k) plan.

You can hear more about this issue by watching this brief video. This family law attorney explains that the court can issue a qualified domestic relations order, which lists the recipients of a portion of your 401(k) plan. As your family lawyer can inform you, when this order is issued, you’ll be required to send a copy to the administrator of your 401(k) plan.

Divorce laws in Maryland have long been relatively strict compared to family law in other states. However, there have been some recent changes to these laws. Consider talking to your family law attorney in Baltimore County and near Owings Mills about whether these changes may affect your divorce. Specifically, the new legislation may allow your divorce lawyer to help you finalize your divorce much more quickly.

Previous Legal Requirements
You may already know that even if you had an uncontested divorce, Maryland divorce laws required you and your spouse to go through a waiting period before the divorce could be finalized. This applied even in cases in which divorce mediation was successful and the couples reached agreements regarding crucial matters such as asset division, liability division, alimony, child custody, and visitation. The waiting period was one year, which only began on the day that the spouses no longer lived together. If the spouses stayed together for even one night during that one-year period, the waiting period began again. This was particularly problematic for spouses whose financial situations did not allow them to live apart right away, even if they worked out all the details of their divorce. There were a few exceptions to the waiting period. Spouses could finalize a divorce quicker based on several grounds, including if they were accused of adultery or abuse. However, this led many non-adulterous couples to accuse each other of adultery simply to avoid the one-year waiting period.

New Legal Requirements
A new law has changed the waiting period requirements, making it easier for your family law attorney to accelerate the divorce process and allow you to move forward with your life. Under the new law, there is no waiting period for couples, provided they do not have minor children. Couples must also agree on property division to take advantage of the accelerated process. Additionally, the new law requires that both spouses attend the hearing to finalize an uncontested divorce in an expedited manner. Not only does this new law allow divorce lawyers to help divorcing spouses to move forward with their lives, it also restores a measure of privacy to the divorce proceedings regarding the residency of the spouses.

Each state has different laws and requirements pertaining to divorce. When you meet with your divorce lawyers , they’ll advise you with regard to the specific process for your state. For example, divorce lawyers in Owings Mills will inform you that Maryland has residency requirements. You must also meet the legal grounds for divorce. If these conditions are met, your family law attorney can file a divorce petition on your behalf.

Residency Requirement
You can expect your family lawyers to ask you how long you and your spouse have lived in Maryland. At least one of you must be able to prove that you have been a Maryland resident for at least one year. It is not necessary for both spouses to prove residency.

Legal Grounds
Your family law attorney will review the unique circumstances of your marriage to determine whether you should file for fault or no-fault divorce. If you file for fault-based divorce, you must prove that certain issues were present in the marriage, such as adultery, cruelty, or insanity. Otherwise, you must file for no-fault divorce, which requires that you and your spouse have lived apart without sexual relations for at least one year. Or, beginning October 1, 2015, there are certain circumstances where a one year separation will not be necessary in order to obtain a no fault divorce.

Divorce Petition
If you meet the residency requirement and you have legal grounds for divorce, your family law attorney will prepare the Civil Domestic Case Information Report and a Complaint for Absolute Divorce. The lawyer will then file these documents in the appropriate circuit court. Then, the court clerk issues a copy of the complaint and a Writ of Summons, both of which must be served upon the defendant spouse by a process server or the county sheriff. The defendant spouse will then have 30 to 90 days to file an answer to the complaint. The exact time period depends upon whether the spouse is in Maryland, another state, or out of the country.

Financial Statements
Your family law attorney will use the financial documents and information you provide to prepare a financial statement. Both spouses must complete a financial statement. These documents include information regarding your individual assets and liabilities, joint property and debts, income, and expenses. The financial statements will guide the judge’s decisions with regard to asset and liability division, spousal support, and child support.