Maryland Contested Divorce Lawyer
Going through a contested divorce in Maryland can be one of the most challenging experiences you’ll face. When you and your spouse cannot agree on important matters like property division, child custody, or alimony, you need an experienced Maryland contested divorce lawyer to protect your rights and interests. At Weinberg & Schwartz, L.L.C., our family law attorneys have been practicing exclusively in Maryland family law since 1995, providing clients throughout Howard County and surrounding areas with skilled representation in complex divorce cases. Contact our experienced legal team at 410-997-0203 to schedule a consultation and learn how we can help you navigate this difficult time.
Understanding Contested Divorce in Maryland
A contested divorce occurs when spouses cannot reach an agreement on one or more key issues in their divorce proceedings. Unlike uncontested divorces where couples agree on all terms, contested cases require court intervention to resolve disputes. In Maryland, contested divorces typically involve disagreements over child custody and visitation, division of marital property and debts, spousal support or alimony, and child support calculations.
Maryland follows specific laws governing divorce proceedings, including both fault-based and no-fault grounds for divorce. The most common no-fault ground is a 12-month separation, while fault-based grounds include adultery, desertion, conviction of certain crimes, and cruel treatment. Understanding which ground applies to your situation is crucial for developing an effective legal strategy.
The contested divorce process in Maryland begins when one spouse files a complaint for absolute divorce with the circuit court in the county where either spouse resides. The other spouse then has 30 days to file an answer, which may include a counter-complaint. Discovery follows, where both parties exchange financial information and other relevant documents. If settlement negotiations fail, the case proceeds to trial where a judge makes final decisions on all contested issues.
The Contested Divorce Process and Timeline
Contested divorce proceedings in Maryland can take anywhere from several months to over a year, depending on the complexity of issues and the court’s schedule. The process typically begins with filing the initial complaint and serving the other party. Once both parties are represented by counsel, the discovery phase commences, which can be the most time-consuming part of the process.
During discovery, your divorce attorney will work to uncover all relevant financial information, including bank statements, tax returns, retirement accounts, business valuations, and real estate appraisals. This phase is critical for ensuring fair property division and accurate calculation of support obligations. Our experienced trial attorneys at Weinberg & Schwartz understand the importance of thorough discovery and are not afraid to take aggressive action to obtain necessary information.
Many contested cases are resolved through settlement negotiations or mediation before reaching trial. However, when settlement isn’t possible, having skilled trial attorneys becomes essential. Our firm’s approach combines zealous advocacy with a family-centered philosophy, seeking equitable resolutions while protecting our clients’ fundamental rights and interests.
Property Division and Financial Issues
Maryland follows the principle of equitable distribution when dividing marital property in divorce cases. This doesn’t necessarily mean a 50-50 split, but rather a fair division based on various factors including the length of the marriage, each spouse’s contributions to marital assets, the circumstances leading to divorce, and each party’s financial circumstances and future needs.
Marital property includes assets acquired during the marriage, regardless of whose name appears on the title. This can include the family home, retirement accounts, business interests, vehicles, and personal property. Separate property, such as assets owned before marriage or inherited during marriage, typically remains with the original owner, though complications can arise when separate and marital assets become commingled.
Complex financial issues often arise in contested divorce cases, particularly when business valuations, professional practices, or substantial retirement assets are involved. Our attorneys work with qualified financial experts, including forensic accountants and business appraisers, to ensure accurate valuation of all marital assets. We also address issues like hidden assets, dissipation of marital property, and complex debt allocation to protect our clients’ financial futures.
Child Custody and Support Considerations
When children are involved in contested divorce cases, their best interests become the court’s primary concern. Maryland courts consider numerous factors when making custody determinations, including each parent’s ability to provide a stable home environment, the child’s relationship with each parent, the parents’ work schedules and availability, and the child’s preference if they are of sufficient age and maturity.
Our family law attorneys understand that custody disputes are often the most emotionally charged aspect of contested divorces. We work diligently to present compelling evidence supporting our clients’ parenting abilities while maintaining focus on achieving arrangements that serve the children’s best interests. This includes addressing issues like relocation requests, modification of existing custody orders, and enforcement of visitation rights.
Child support in Maryland is calculated using state guidelines that consider both parents’ incomes, the number of children, and the custody arrangement. However, deviations from guideline amounts may be appropriate in certain circumstances, such as when a child has special needs or when significant disparities in income exist. Our experienced attorneys ensure accurate income calculations and advocate for fair support arrangements that meet children’s needs while considering both parents’ financial circumstances.
Maryland Contested Divorce FAQs
How long does a contested divorce take in Maryland?
Contested divorces in Maryland typically take 12 to 18 months or longer, depending on the complexity of issues, court schedules, and the parties’ willingness to negotiate. Cases involving substantial assets, business valuations, or complex custody issues may take even longer. The discovery phase often represents the most time-consuming portion of the process.
Can I get alimony in a Maryland contested divorce?
Maryland courts may award alimony based on factors including the length of the marriage, each spouse’s financial resources and earning capacity, the standard of living established during the marriage, and the circumstances contributing to the divorce. Both temporary and permanent alimony may be available depending on your specific circumstances.
What happens if my spouse hides assets during our contested divorce?
Maryland law requires full financial disclosure during divorce proceedings. If a spouse attempts to hide assets, the court can impose sanctions, award a larger share of marital property to the innocent spouse, and even hold the offending party in contempt. Our attorneys use various discovery tools and work with forensic accountants to uncover hidden assets.
Do I need to appear in court for a contested divorce?
Yes, contested divorce cases that proceed to trial require both parties to appear in court and testify under oath. However, many contested cases are resolved through settlement negotiations or mediation before reaching trial. Your attorney will prepare you thoroughly for any court appearances and represent your interests throughout the proceedings.
Can contested divorce terms be modified after the final decree?
Certain aspects of divorce decrees can be modified if there has been a material change in circumstances. Child custody, visitation, and child support orders are generally modifiable, while property division is typically final. Alimony modification depends on the specific terms of the original order and applicable circumstances.
Serving Throughout Howard County
- Columbia
- Ellicott City
- Laurel
- Clarksville
- Elkridge
- Savage
- West Friendship
- Fulton
- Highland
- Jessup
Contact a Maryland Contested Divorce Attorney Today
If you’re facing a contested divorce in Maryland, don’t navigate this complex legal process alone. The experienced family law attorneys at Weinberg & Schwartz, L.L.C. have the knowledge, skills, and dedication necessary to protect your rights and achieve favorable outcomes in even the most challenging cases. Our firm has been recognized as the “Best of” Howard County for Family Law for four consecutive years, including 2024 and 2025, reflecting our commitment to excellence in client service and legal representation. We understand that every case is unique and requires a tailored approach that addresses your specific needs and concerns. Contact our office today at 410-997-0203 to schedule a consultation with a skilled contested divorce attorney who will fight tirelessly for your interests and help you move forward with confidence toward a brighter future.
