If you are eligible for divorce in Maryland , there are several steps you and your spouse must take to legally end your marriage. In addition to making the decision to divorce, you must also settle matters such as asset division, child custody, and spousal support. Working with a divorce attorney serving Owings Mills is a smart choice when navigating Maryland divorce laws; your divorce lawyer will ensure that all relevant issues are covered and that your needs and preferences are met during the divorce process.

Filing Divorce Documents

The first step in seeking a divorce in Maryland is the filing of at least two documents: A Complaint for Absolute Divorce and a Civil Domestic Case Information Report. These documents must be filed by the plaintiff spouse wishing to end the marriage with the circuit court serving your county, and are associated with filing fees; however, you may be eligible for a fee waiver depending on your circumstances.

Serving of Divorce Documents

After the divorce documents have been filed, the defendant spouse is personally served with these documents, as well as a Writ of Summons. The plaintiff spouse will receive an affidavit proving that the papers have been served once this process is complete.

Filing an Answer

Once the defendant spouse receives the divorce documents, he must file an Answer to the Complaint for Absolute Divorce. This document will admit or deny any allegations made in the Complaint. Additionally, the defendant spouse has the right to file a Counter Complaint for Absolute Divorce, which may state grounds for divorce that are different than those of the plaintiff spouse if he disagrees with the original Complaint.

Settlement Process

Before the divorce can be finalized, both spouses must settle issues such as the division of finances and property, child custody and support, and alimony payments. This process is typically aided by the couple’s family court attorneys, and may go through a divorce mediation process or court appearances if the couple cannot come to an agreement on the terms of the divorce.

During a divorce and child custody case, fathers often have a notoriously difficult time winning primary or joint custody. To protect their rights, fathers should always have a child custody lawyer in Owings Mills on their sides in court. This video explains more.

Although more and more fathers today are fighting for and winning the type of child custody they want, there is still a tendency in the courts to assume that the mother should be the primary caregiver and custodian for the children. Fathers who want to protect their rights and get as much time with their kids as possible should work with a family attorney with experience in fighting for father’s rights. Fathers must aggressively provide evidence that the custody agreement they are pursuing is in the best interest of the children.

Child custody agreements are one of the most difficult parts of negotiating a divorce settlement. As your family law attorney in Owings Mills can tell you, there are many decisions that have to be made, from where the child will live to who gets to see them on the holidays. Here is a look at some of the child custody issues that are part of most cases.

Non-Disparagement Clauses

In contentious divorces, parents frequently have concerns—often for good reasons—that their ex-spouse will speak badly about them to the children. Fears over this kind of damaging behavior have led to non-disparagement clauses being added to child custody agreements. These clauses can vary greatly depending on the needs of the family, but in general, they are written to ensure both parties agree to avoid saying or doing anything that could affect the relationship between the ex-spouse and the children. In some cases, non-disparagement clauses also prevent this kind of behavior towards other family members, or even towards new spouses should a future remarriage occur.

Holidays

When families split up, holidays naturally become an issue. Unless parents agree to continue to spend major holidays together, they will need to divide up this time as part of the custody agreement. Some families agree to a set schedule, while others decide to rotate major holidays. Whatever the agreement it is, it is helpful to consider these questions during the custody negotiation process rather than waiting for a holiday to approach.

Expenses

A child support agreement will be part of most custody cases, but what about expenses that go above and beyond those costs, such as summer camps, braces, and school trips? When children have a need or an opportunity that represents an additional expense, will both parents need to agree and split the costs, or can one parent make the decision and either cover the entire cost or still ask the other parent to contribute financially? Many expenses that go above and beyond basic child support will arise during co-parenting, so it is helpful to have a framework to rely on when they occur.

When one spouse is financially dependent on the other during a marriage, the issue of spousal support through alimony payments is determined during the divorce process. Alimony payments may be required only during the divorce process, or for a definite or even indefinite time after the marriage has ended, depending on the needs of the dependent spouse and the financial status of the supportive spouse, amongst other things.

To determine the amount and type of alimony required, a judge will consider factors such as the length of the marriage, the ages of both parties seeking the divorce, and the ability of the dependent spouse to become financially self-supporting in the future. If you believe you should receive alimony or you are concerned about the amount of alimony your spouse is requesting following your divorce, it’s important to seek the help of an experienced family attorney near Owings Mills. Your family lawyer will use his knowledge of alimony laws to ensure the correct amount of spousal support is mandated before your divorce is finalized.

When one parent is paying child support, he or she often wonders if it’s necessary to continue to pay when the children are staying at his or her house. For instance, if the children spend the summer with the non-custodial parent who pays child support, is it necessary to keep making payments during that time? Questions like these can be discussed with your family law attorney in Owings Mills , who can help you understand your rights to modify child support agreements.

Child support cannot be discontinued without a court order. Child support law requires that payments be made continuously, even when the children are staying with the parent making the payments. This is because the other parent still must maintain the household for the children to return to when any visit is over.

Your child support attorney can help you consider whether a modification could be appropriate for your case—for instance, if your earnings have changed after your divorce. Never adjust child support on your own without a court order, as you could face legal trouble over back payments.

During a divorce, issues such as child custody and child support payments are determined with the help of your lawyer in Owings Mills . However, when a child’s eligibility for child support has ended, the parent responsible for such payments can petition to terminate the obligation for continued support under Maryland child support law.

If you wish to terminate child support, you must file a court form that states the reason why the support is no longer necessary. These reasons can include the child’s age, marital status, or even his ability to self-support without additional financial assistance. You can find out more about the process of terminating child support mandated by your divorce agreement and how your family attorney can help you if your former spouse or child dispute your request by watching this short video.

In the United States, it is estimated that up to 50% of first marriages end in divorce, while up to 60% of second marriages end in divorce. While there are many reasons a couple may choose divorce, there are several common factors that often come into play during this process. If you are considering divorce, working with an experienced family attorney near Owings Mills is the best way to ensure this process proceeds quickly and smoothly, regardless of your reasons for divorce.

Lack of Commitment

Many couples cite a “lack of commitment” to the marriage and to each other as a major cause for ending their marriage. This lack of commitment may take many forms, from the avoidance of arguments and problems to poor scheduling with respect to spending time together as a couple. When partners do not feel that they hold a significant place in each other’s lives and minds, this feeling often becomes a major underlying contributor to divorce.

Infidelity

Infidelity is another commonly-cited reason that couples opt to end their marriage. Whether one or both spouses are guilty of infidelity, the discovery of an affair or the intention to have an affair often irreparably damages the trust between the couple, leading them to pursue a divorce.

Abuse

Abusive behavior may be a major or a minor contributing factor to marriage annulment. This behavior can include abusive comments or language, as well as physical and sexual abuse. Especially if abuse is a factor in your decision to end your marriage, hiring a family attorney to help with your case can prevent an abusive spouse from retaining child custody rights after the divorce. https://mostbet-games.net/sa/

If you are considering a divorce, contacting a divorce lawyer should be the first step in this process. Your lawyer can help you draft a divorce agreement that includes the spousal support and child custody terms you want, as well as help to provide divorce mediation if you and your spouse disagree on any issues surrounding your separation.

If you are about to get divorced, it can feel overwhelming. Even if the separation is agreed upon mutually, chances are there are many things in your life that will change as a result of the divorce. Though some people choose to get divorced online thinking that it will save them time and money, it can actually do more harm than good. Online divorce forms are simplistic, and do not take into account the nuances of your relationship, assets, and financial situation. By consulting a divorce attorney in Owings Mills , you can feel confident that your bests interests will be represented, resulting in a fair and timely divorce agreement. Check out this infographic to learn more about why you should work with a divorce lawyer instead of seeking a divorce online.

Child support law is different from state to state, although parents in every state have a legal obligation to support their children. In Maryland, divorce law establishes a set of guidelines that the court is required to apply in order to arrive at the amount of the payment. When you consult a family law attorney near Pikesville, he or she can answer any questions you may have about divorce law and child support payments.

Completing a Financial Statement

The family court requires parents to complete a financial statement , sometimes referred to as a financial affidavit. This document is helpful for organizing your income and expenses. You will be required to provide accurate information about your total monthly income, alimony you are either paying or receiving, and child support you may already be receiving. You should expect to be required to provide documentation supporting these figures, so it is important that they are accurate. The financial statement also requests information on the child’s expenses, including the monthly health insurance premium, extraordinary monthly medical expenses, school and transportation costs, and monthly child care expenses. The child care expenses must arise from work needs. In other words, you can count payments to caregivers who watch your child during your work hours. Extraordinary medical expenses are those that are not covered by insurance and total more than $100 per condition or illness.

Evaluating Imputed Income

Imputed income is income that a spouse does not actually earn, but is capable of earning. In other words, if the other parent of your child chooses not to work, but is not considered disabled, the court may apply imputed income to the child support formula. In order to do so, the court must determine that the other parent is voluntarily impoverished. Evidence of voluntary impoverishment may include the parent’s medical records, level of education, job-seeking efforts, and work history.

Adjusting the Calculated Amount

The court uses all of these factors to calculate the amount of child support that the noncustodial parent is required to pay. However, if the parents have a combined income of more than $15,000 per month, the court is not required to follow this formula. Instead, the court can evaluate the needs of the children to establish an acceptable child support obligation.

Alimony is financial support awarded to one spouse during divorce proceedings to allow him or her to maintain a certain standard of living after the marriage ends. Because alimony is often a very contentious issue, you will need a divorce attorney in Owings Mills to argue for the right kind of alimony for you.

There are a few different types of alimony. Alimony pendente lite is paid during the divorce process but does not ensure that alimony will be awarded when the divorce is complete. Rehabilitative alimony, which is the most common form, is paid post-divorce for a specific period of time to allow the recipient to complete education or job training that will allow him or her to become self-sufficient. Indefinite alimony is typically only awarded if the recipient has an illness or disability that prevents him or her from become self-sufficient. It is also awarded if the court determines that one party’s living standard is significantly disparate from his or her ex. Rehabilitative alimony can be modifiable or non-modifiable, meaning the court may not be able to make any changes to it once it is ordered. However, indefinite alimony is generally modifiable. A divorce lawyer can help you understand which type of alimony is best suited to your needs under Maryland law.