Ellicott City Divorce Lawyer
In Ellicott City, people looking to divorce or who have been served with divorce papers by their spouse turn to Weinberg & Schwartz, L.L.C. As one of the oldest and largest family law firms in Howard County, our Ellicott City divorce lawyers have helped numerous individuals manage their divorce and come out on the other side with their rights protected and in the best position to move forward and start a new chapter in their lives. We’ll help you obtain a limited or absolute divorce while aggressively securing the best result for you regarding matters such as property division, alimony, child custody, visitation and access, and child support.
Divorce by Mutual Consent
Maryland law includes many grounds for divorce based on the fault or misconduct of one of the spouses, such as adultery, cruelty or excessively vicious conduct toward a spouse or child. In addition, Maryland also recognizes divorce via separation, which requires a 12-month separation before a divorce can be granted.
Maryland law also allows a couple to obtain an absolute divorce by mutual consent without having to prove misconduct or fault by either spouse and without having to live separate and apart for 12 months before filing for divorce. Requirements to get a divorce by mutual consent include:
- The parties must execute and submit to the court a written settlement agreement signed by both parties that resolves all issues related to alimony, the distribution of property, and the care, custody, access and support of any minor or dependent children.
- If the settlement agreement provides for the payment of child support, the parties must attach a completed child support guidelines worksheet to the settlement agreement.
- The court finds any terms of the agreement relating to the children are in the children’s best interests.
- If either party files a pleading to set aside the settlement agreement before the divorce hearing is held, then the court cannot give a divorce by mutual consent.
Our Ellicott City Divorce Lawyers Can Get You There
Couples may agree that they both want a divorce, and they might think they also agree on how to handle issues like alimony, child custody and the division of property. Unfortunately, once they sit down to draft the required written settlement agreement, they start to realize they are not in complete agreement on certain matters. Sadly, mutual consent divorces that were initially on track can go off the rails at this point, and some never get back on track. Instead, an uncontested divorce turns contested, forcing the couple to turn to a limited divorce, wait out the period to get an absolute divorce, or litigate a fault ground in court such as adultery, cruelty of treatment, or excessively vicious conduct.
Our attorneys are knowledgeable about the law and vastly experienced in working with individuals and families facing challenging times. We can help keep the process moving forward by addressing and resolving conflicts on a rational basis without letting emotions get out of control. Our team is also skilled and experienced in divorce mediation and collaborative divorce, so we are capable of moving your settlement agreement into a more formal process specially designed to help divorcing couples work together cooperatively and avoid a contested courtroom divorce. If litigation is necessary, Weinberg & Schwartz, L.L.C. has a long and proven track record obtaining great results for clients who must litigate their divorce.
Your Ellicott City Divorce & Family Lawyers
For help with divorce in Ellicott City, call Weinberg & Schwartz, L.L.C. at 410-997-0203. We are one of the oldest and largest family law firms in Howard County, with the skills, experience, knowledge and resources necessary to help you achieve positive results in your divorce or other family law matter.