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Brian Barkley2020-12-13 12:57:352021-01-17 12:09:19Division of Property in Maryland DivorceSpecial Offer: Contact Us Here for Free Divorce Advice!
Divorce and Family Lawyers in Rockville, MD
Divorce can...
Divorce can be one of the toughest decisions you may ever have to make. While divorce is an emotionally fraught process, many individuals forget that it is also a legal process with significant financial implications. Divorce law can affect you and your family in many ways, such as child custody, child support, control of your family home and the value of your retirement assets. When you are facing such life changing decisions, you need a divorce law firm on your side that can help you navigate the legal challenges that come to a head with divorces. The divorce and family law attorneys at Barkley & Kennedy in Rockville, Maryland, can answer some of the toughest questions divorce raises and help you face these challenges.
Maryland law...
Maryland law regulates the process individuals must follow to get divorced in the state. According to the Maryland courts, there are two types of divorce in Maryland: “absolute divorce” and “limited divorce.” Individuals can file for absolute divorce, which ends the marriage, in many instances, only after both parties have lived separately from their former spouse for a period of 12 months. However, more recent changes to the law allow for an absolute divorce without any separation. In cases of adultery, cruelty, or violence, individuals may be able to file for absolute divorce sooner. A “limited divorce” won’t end your marriage, but will allow you to resolve some of the legal questions that arise when two married people separate. In one instance or the other, you will have to answer questions about your assets, division of property, child custody, sources of income, and division of debts. Divorce can be a very complicated process. The Maryland courts recommend that individuals consider seeking the advice of a divorce lawyer before filing for divorce. A divorce lawyer, like those at Barkley & Kennedy in Rockville, Maryland can help you understand your rights during the divorce process.
How Can I Get Divorced in Rockville, Maryland?
Married couples had lived...
In Maryland, historically, married couples had lived apart for 12 months before their divorce could be finalized. However, there are some important exceptions to this rule, including a new limited statute allowing for a divorce without a separation based on “mutual consent”. Also, if you are in a violent relationship or if your partner cheated on you, you may be entitled to file for a final divorce more quickly. In order to divorce in Maryland, you must file all divorce papers, serve the other party the divorce papers, and offer proof to the court that the other party has received the paperwork. During the divorce process, you and your lawyer may undergo discovery. During discovery, your lawyer may review your and your spouse’s finances and parenting issues. It is important to gather as much information as possible because this will allow your divorce attorney to be able to begin an equitable division of property and debts. In many cases, individuals choose to resolve these questions outside of court with the help of their divorce lawyer. In other instances, questions of alimony, division of assets, and child custody may go to trial. Your trial will either be a hearing to finalize any divorce agreement you and your former spouse make outside of court, or a contested trial before a judge who will make a decision.
A complex process...
Getting divorced in Rockville, Maryland can be a complex process. You are entitled to an equitable division of all assets acquired during the marriage. You may be entitled to alimony. You may also have to resolve questions of child custody. Barkley & Kennedy are divorce attorneys in Rockville, Maryland who work closely with individuals who are planning to get divorced. Divorce can be complex, but you don’t have to go through it alone. The experienced trial and divorce attorneys at Barkley & Kennedy are here for you.
Child Custody in Rockville, Maryland
A complex process...
Getting divorced in Rockville, Maryland can be a complex process. You are entitled to an equitable division of all assets acquired during the marriage. You may be entitled to alimony. You may also have to resolve questions of child custody. Barkley & Kennedy are divorce attorneys in Rockville, Maryland who work closely with individuals who are planning to get divorced. Divorce can be complex, but you don’t have to go through it alone. The experienced trial and divorce attorneys at Barkley & Kennedy are here for you.
Getting divorced...
If you are getting divorced and have children, you’ll have to make child custody decisions in your divorce. Child custody can be among the most challenging and stressful decisions you’ll make during your divorce. The choices you make for your family today can impact your family for years to come. Once a divorce and child custody settlement has been finalized, it can be very hard to change it. This is why it is important to get your child custody and parenting plan arrangements right the first time. Most couples choose to make child custody decisions outside of court with the help of a qualified Rockville, Maryland divorce lawyer like those with Barkley & Kennedy. Our firm can help you understand what you should include in a parenting plan. The more detailed your parenting plan, the more likely it will be accepted by the courts and the less likely disputes will arise in the future.
Two types of custody issues...
There are two types of custody issues in Maryland: physical custody and legal custody. In most cases, both parents will retain legal custody of the children while only one parent will have primary physical custody. What is the difference between these two types of custody?
- Legal custody refers to the legal rights of parents to make decisions for their children. Parents have the right to have a say in what kind of medical treatment, after-school activities, and religious activities their children will participate in. During a divorce, both parents often retain legal custody, meaning both parents must make decisions about a child’s medical care, activities, and religious activities. A parenting plan can outline how these decisions will be made and how disagreements will be resolved.
- Physical custody refers to where a child will live. After a divorce, both parents may live in separate households. Physical custody can be shared, or one parent may receive sole custody. The courts tend to use the “best interests of the child” standard when making decisions about custody. However, many parents choose to make custody decisions outside of court, with the help of a divorce lawyer in Rockville, Maryland like Barkley & Kennedy.
Have children and are getting divorced...
If you have children and are getting divorced, certain steps must be followed and requirements must be met. According to the Maryland Courts, you and your ex may be required to take a co-parenting course. In this course, you may learn how divorce can impact your children and how to solve problems while co-parenting. Many challenges can arise while co-parenting. In some cases, the courts may evaluate a parent’s mental health to determine whether the parent can meet the needs of the child. If you and your ex disagree about custody decisions, other professionals could become involved. Many families find it beneficial to reach a child custody decision without court intervention. Taking your case to court comes with the risk that the courts will make a decision that neither parent wants. However, there are certain cases where a parent needs to protect a child. In the case of domestic violence or abuse, you may need to request monitored exchange or supervised visitation. The courts favor a child’s right to enjoy a relationship with both parents. This means that, in general, the courts will find an arrangement to ensure that the child can continue to see both parents. These arrangements will be made based on what the courts deem is in the child’s best interest, if both parents cannot reach an agreement on their own.
If you are going through a divorce...
If you are going through a divorce, and have to make child custody decisions, you may be facing a range of tough questions. Barkley & Kennedy are divorce attorneys in Rockville, Maryland who can help you reach the best possible resolution for your family. Our firm understands child custody law and can help you and your ex reach an agreement that is in the best interests of your children.
Divorce can be one of the most emotionally...
Divorce can be one of the most emotionally challenging life events a person and family will face. Your family may be undergoing immense changes. Not only might you be dividing one household into two, but you may also have questions about where your children will reside and who will be the children’s primary caretaker. Divorce can also raise questions about finances, retirement, debts, homeownership, and more. Don’t try to solve all these difficult questions by yourself. Speak to the qualified Rockville, Maryland divorce lawyers at Barkley & Kennedy today.
Contact us today for a no-charge 30-minute consultation about your divorce and family law concerns in Rockville, Maryland. Or call us:
Rockville Law Office: (301) 251-6600
Frederick Law Office (301) 607-1231
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