Bethesda, Maryland Divorce Lawyers

What are the grounds for filing for divorce in Montgomery County, Maryland?

Maryland does not have a formal legal separation. A divorce occurs when a court enters a decree ending your marriage. The divorce decree is the legal document that gives spouses the right to remarry. The divorce decree typically resolves the division of the marital property, child custody, child support, and alimony.

Maryland also has a residency requirement to file for divorce. One of the spouses must have lived in Maryland for at least 6 months before filing if the grounds for divorce occurred outside the state. Otherwise, you can file in Maryland if you or your spouse is a Maryland resident.

The grounds for divorce in Maryland are the following (you must prove at least one ground):

• Mutual consent. You can file for a divorce based on mutual consent if the following conditions apply:
  • You and your spouse sign and submit a written settlement agreement and meet the statute’s additional filing/hearing requirements. If minor children are involved, the agreement must address custody and support and be approved by the court as serving the child’s best interests.
  • While our lawyers advise and pursue uncontested divorces, we do strongly recommend that spouses not rush into signing a marital property agreement simply to get divorced quickly.
• Six-month separation. If you and your spouse have lived separate and apart for at least 6 months without interruption, which may in some circumstances include living under the same roof while maintaining separate lives, you may file for divorce on the grounds of 6-month separation.
• Irreconcilable Differences. Irreconcilable differences may support a divorce when both spouses consent and meet the statutory requirements for a mutual consent divorce.

What should I do if my spouse filed for divorce in Bethesda?

Please call us immediately so we can explain your rights and your legal obligations. Generally, you should file an answer to any divorce complaint (no matter the grounds for the divorce). The time limit to reply is 30 days if you are served in Maryland, 60 days if you are served outside of Maryland, and 90 days if you’re served outside of the US.

If you fail to reply in a timely manner, your spouse’s complaint will proceed to the next stage of the divorce litigation process.

What are the different ways to resolve divorces in Maryland?

Contested divorces do not have to be contentious. They can be resolved through fair negotiation with opposing counsel, mediation, or divorce collaboration. If none of these options are successful, or if there are larger concerns at play, a trial may be the only way to move forward. If a trial is necessary, the attorneys at McCabe Russell Divorce and Child Custody Lawyers are prepared to fight for your best interests.

• Divorce negotiation. In many divorces, especially when the spouses are amicable, we can negotiate agreements directly with the lawyer for your spouse.
• Divorce mediation. In mediation, a seasoned family lawyer or professional tries to mediate a divorce and all related family law issues through conversations with the parties. Mediation is generally non-binding unless you get to a signed, written agreement.
• Collaborative divorce. A collaborative divorce specialist works with various financial professionals (such as appraisers) and personal professionals (such as child psychologists) to try to find a way forward while keeping families connected for the benefit of everyone.

We can also work to obtain protective orders and peace orders if your spouse threatens you, a child, or another family member during the divorce proceedings.

How does divorce affect other family law issues?

Our Bethesda divorce lawyers represent spouses in all phases of their divorce. Part of our praise from the legal community is based on our strong advocacy of all the following divorce matters, and our ability to show how one matter can affect the others.

We can explain when the resolution of these family issues will be merged into or incorporated into the divorce decree. We can work to obtain formal court orders so that you can seek court enforcement of any violations.

Property division

Maryland divides property according to the equitable division of marital property principle, meaning the court identifies and values marital property and may award a monetary award and/or make certain permitted transfers to reach an equitable result. Marital property includes every asset acquired during the marriage, with a few exceptions, such as inheritances. We can fight to identify each and every marital asset, to properly value the asset, and to then work to ensure you keep the assets you cherish or need most.

Child custody

There are two types of child custody – legal and physical. Legal custody determines who makes decisions about the child’s health, education, religion, and other long-term considerations. Physical custody agreements or orders specify where the child lives every day and who is responsible for getting the child to school, supervising the child, and meeting the child's daily needs and desires.

Child support

Parents are required to pay child support for their child’s home, food, clothing, and other needs based on the parents’ income until the child becomes 18, and it may extend to 19 if the child is still enrolled in high school.

Alimony

Our attorneys help you develop a fair spousal support (alimony) agreement. We represent clients who need alimony to support themselves and clients who can pay, or are currently paying, spousal support. You must ask for alimony before the divorce decree is final. The different types of alimony include:

• Pendente lite alimony. Alimony during your divorce proceedings.
• Rehabilitative alimony. Temporary support until a spouse can become self-supporting.
• Indefinite alimony. Indefinite alimony may be awarded when a spouse cannot reasonably be expected to become self-supporting or when, after reasonable progress, the parties’ standards of living would remain unconscionably disparate.

Types of divorce cases

Our Bethesda divorce lawyers have the experience and working relationships with mediators, collaborative divorce specialists, financial appraisers, real property appraisers, child psychologists, and other professionals to handle all types of divorces, including the following:

• Same sex marriages and divorces. We understand the legal and practical issues involved when same sex spouses divorce. It is easy for a law firm to claim they are LGBTQ-friendly, but we have years of experience handling similar cases, and many families have provided glowing feedback and references to our empathy and ethics.
• High-conflict divorces. We handle divorces where spouses refuse to communicate, refuse to compromise, file constant motions, and fight every decision you make. We understand how difficult it can be to resolve these issues fairly and in a timely manner.
• High-asset divorces. Many spouses in Bethesda earn substantial income from their work with the federal government and with businesses in Montgomery County. We can fight to ensure all assets and income are disclosed and properly valued, so you can receive your equitable share, the correct amount of alimony, and your children receive the correct amount of child support.

Why do spouses choose McCabe Russell Divorce and Child Custody Lawyers to handle their divorce?

Our partners and associates have earned the respect of former clients and the family law community in Montgomery County to handle all types of divorce issues – compassionately, thoroughly, and with a full understanding of how all your divorce issues affect each other. We can explain your rights, review your options, and fight for the best resolution possible.

We understand how stressful divorces are. In the midst of handling the emotional side of divorce, you need to handle all your financial issues and protect your children. At McCabe Russell Divorce and Child Custody Lawyers, we can answer all your questions (whenever you have them) and assert all your legal rights.

We’ve helped many spouses like you resolve marital issues, obtain lasting orders, enforce those orders when violated, and move forward with their lives.

Do you have a Bethesda divorce lawyer for me?

Yes. We can meet a potential client seeking a divorce at our office located at:

6701 Democracy One Plaza Loop,
Suite 300,
Bethesda, Maryland, 20817
Phone: (301) 888-6945

We can also speak with clients by phone and via online video platforms to guide them through the divorce process calmly and clearly.