Divorce is often a complex and emotional process, and understanding what to expect can alleviate some of the stress.
At Brodsky Renehan Pearlstein & Bouquet, we have seen how divorce impacts individuals and families. Our experienced family law firm is ready to help you understand your rights and prepare for the legal process.
The Role of a Divorce Lawyer in Maryland
Working with a skilled divorce lawyer in Maryland is one of the most critical steps you can take at the onset of the litigation process. A knowledgeable attorney will guide you through the legal intricacies, representing your interests in negotiations and court proceedings.
Their experience in family law is essential to ensuring that your rights are protected and that all legal requirements are met.
According to the Maryland State Bar Association, divorce attorneys help ensure a fair division of assets and liabilities, which can significantly impact your future.
Understanding Maryland Divorce Laws
In Maryland, how to proceed with a divorce varies depending on whether the divorce is contested or uncontested. An uncontested divorce occurs when both parties agree on all aspects, including asset division, child custody, and support.
Conversely, a contested divorce involves disputes that require the court’s intervention. Maryland adheres to the principle of “equitable distribution,” meaning assets are divided fairly but not always equally.
This principle underscores the importance of hiring a family law attorney in Maryland to advocate for an equitable division based on your specific circumstances.
The Process of Divorce Litigation
The divorce litigation process typically involves several stages, starting with filing a complaint.
Your Maryland divorce attorney will prepare this document outlining your reasons for the divorce and your requests regarding property, alimony, and children. After the complaint is filed, the other party is served with the Complaint.
The responding party has 30 days to respond by filing an Answer. However, the time increases for those served out of state (60 days) and out of the country (90 days). Once an Answer is filed, the Court will proceed with scheduling important dates and deadlines, as well as, in most cases, requiring both parties to participate in mediation.
If the responding party does not answer within the time limit, you may ask for an order of default, which allows the case to progress without the other person’s involvement.
Discovery Phase
Once litigation begins, the discovery phase unfolds. During discovery, both parties exchange information and evidence related to the case.
This process may involve document requests, interrogatories, and depositions. As your family lawyer in Maryland works through this phase, he/she will gather the necessary evidence relevant to your case and your desired outcome, including financial statements, property deeds, and communication records.
Settlement Negotiations
Many divorce cases are settled before the matter proceeds to trial. Your attorney will play a crucial role in negotiations to reach an agreement that satisfies both parties.
Mediation may also be an option during this stage, as many couples find it less confrontational and more cost-effective. In fact, most courts require the parties to participate in at least one mediation session. Engaging a family law attorney experienced in mediation may lead to a more amicable resolution and reduce the emotional toll of litigation.
Court Trial
If settlement efforts fail, your case will proceed to trial. A Maryland divorce attorney will prepare for the courtroom, presenting evidence and arguments on your behalf.
Depending on the issues to be address, the court will consider various factors during the trial to make a final ruling, including each party’s financial situation, contributions to the marriage, and parenting arrangements.
This is often a nerve-wracking experience, but having a trusted attorney will provide reassurance and expert guidance.
Post-Divorce Considerations
After a divorce is finalized, both parties must ensure compliance with the court’s orders, whether relating to property division, alimony, or child support. Monitoring these obligations is essential to avoid future legal complications.
Your family lawyer in Maryland can assist in enforcing court orders or addressing changes in circumstances that may warrant modification of agreements.
Understanding The Divorce Litigation Process
Navigating divorce litigation in Maryland can be daunting, but understanding the process is the first step toward resolving your situation. Partnering with an experienced Maryland divorce attorney can significantly impact the outcome, ensuring you have the necessary knowledge and representation to protect your interests.
From the initial filing through the potential trial, your attorney will be your advocate, guiding you every step of the way. If you are facing divorce, consider contacting Brodsky Renehan Pearlstein & Bouquet, where our dedicated team is prepared to assist you with all aspects of family law.
