Howard and Montgomery County, Maryland Divorce Lawyers

What is absolute divorce?

In Maryland, we have only one type of divorce: absolute. An absolute divorce is, as the name implies, entirely unequivocal. In an absolute divorce, the marriage has formally ended, and each spouse may go his or her own way. Child support and custody are formalized, and assets and debts are divided.

What are the grounds for divorce in Maryland?

In Maryland, couples must show they satisfy certain requirements for a divorce. However, the state ended the practice of fault-based divorces in 2023, so there is no need to prove any wrongdoing by either party.

Now, the grounds for divorce fall into three categories, and the parties must prove at least one:

• Mutual consent: If you and your spouse are both in agreement about the divorce and all issues pertaining to marital property, alimony, and custody and support for minor children, the divorce process will be less complicated. In this case, you can file a marital settlement agreement and file it with the court along with a divorce complaint.
• Separation for six months: If you and your spouse live “separate and apart” for at least six months, you can satisfy these grounds for divorce. You can be deemed separate while living in the same home if you pursue separate lives, or if the separation is under a court order (e.g., a protective order)—but the full 6 months is still required.
• Irreconcilable differences:The language “irreconcilable differences” essentially means that the parties have disagreements that they cannot resolve, which makes it impossible for them to remain married. Courts in many states use this term as the grounds for divorce without fault.

The updates to the law may change the process for couples divorcing now as compared to a few years ago. In the past, a spouse could pursue a divorce based on their partner deserting them, committing adultery, being convicted of a crime, or engaging in some other wrongful conduct. Many times, the parties had to live in separate homes before pursuing divorce; that is no longer the case.  Additionally, the updates encourage divorcing couples to focus on moving forward and seek to make the process less combative.

What happens to our children during a Howard County divorce?

If you have children, your divorce agreement should address child custody and child support.

Your divorce agreement will specify when your children spend time with you and your spouse, also called “parenting time” or “physical custody.” It can also address how you and your spouse will make decisions about the children, also called decision-making authority or “legal custody.” A parenting plan is required in any case where the court is making decisions regarding custody.

Parents are obligated to financially support their minor children. Generally, the parent who has primary physical custody can receive child support payments from the other parent. The amount of child support you may be entitled to is based on a statutory formula that takes into account the child’s needs, as well as each parent’s income and expenses. Talk to our family law attorneys if you have any questions about what you may be entitled to or responsible for.

How does alimony work?

Alimony, also called spousal support, is a payment one former spouse makes to another. Alimony can only be requested and ordered before your final divorce decree is entered. This means you can’t ask for alimony after a divorce is final.

Here in Maryland, we have three types of alimony:

• Pendente lite alimony.This is temporary support that one spouse pays to the other while the divorce is pending (meaning before the court enters the final divorce decree).
• Rehabilitative alimony.This type of alimony provides one spouse with temporary support until they can become self-supporting. For example, the court might order alimony for four years to allow the receiving spouse to earn a degree. This is the most common type of alimony.
• Indefinite alimony.This provides support to one spouse but has no endpoint. Indefinite alimony is rare but may be awarded if one spouse cannot reasonably be expected to become self‑supporting or if, even after reasonable efforts, the parties’ standards of living would be unconscionably disparate.

If you and your spouse can’t reach an agreement about alimony, the court will decide for you. The court will consider a variety of factors when doing so, like the length of your marriage, your financial situation, how the marital property is divided, and your and your spouse’s ages and physical and mental health.

Alimony typically terminates upon death, the recipient’s remarriage, or by court order.

What is marital property, and how is it divided?

Here in Maryland, marital property consists of all the assets acquired by either spouse during the course of the marriage. Marital property can include things like:

• Real estate
• Vehicles
• Bank accounts
• Retirement accounts and pensions
• Business interests
• Furniture, jewelry, and other personal property

Debts, like credit cards or mortgages, aren’t ‘marital property,’ but the court may consider and allocate them when making a monetary award or other orders.

Some assets, however, are not considered marital property. Courts refer to these as non-marital property, and they include:

• Property acquired before the marriage
• Gifts from a third party or inheritances to one spouse (a gift between spouses is ordinarily marital property)
• Any property excluded by a prenuptial or postnuptial agreement

Maryland follows an equitable distribution model, which means that marital property is divided in a way the court deems fair but not necessarily equal. When making this determination, the court considers factors like:

• The length of the marriage
• Your and your spouse’s financial contributions to the marriage
• Your and your spouse’s age, health, and earning capacity
• The circumstances leading to the divorce
• The value of any non-marital property
• Any previous agreements you and your spouse have made regarding property division

It’s important to remember that the court doesn’t automatically split property 50/50 but aims for a fair distribution based on these factors.

What happens to a business in a divorce?

If you or your spouse owns a business, the divorce process can be even more complicated. We help evaluate and protect professional practices, closely held companies, and small businesses—whether you built them before the marriage or together.

Our attorneys guide you through the valuation process, assess tax and ownership implications, and negotiate fair terms for division or buyout. Our goal is to protect your livelihood and your future, with strategies that make business and legal sense.

Are you worried your spouse is hiding assets?

In divorces involving complex finances or suspicions of hidden income, transparency is critical. At McCabe Russell Divorce and Child Custody Lawyers, we work with skilled forensic accountants and investigators to identify undisclosed bank accounts, business interests, or other concealed assets.

Whether you simply want peace of mind or have a real cause for concern, we help bring the full financial picture into view. With the facts in hand, we advocate for an equitable division of property that reflects what’s really at stake, so you can move forward with clarity and confidence.

What do I do if my spouse filed for divorce?

If you’re served with a complaint for divorce, you must respond by filing an answer, where you either agree or disagree with the statements your spouse made in their complaint. You have the following deadlines to answer the complaint:

• If you were served in Maryland, you have 30 days to respond.
• If you were served outside of Maryland, you have 60 days to respond.
• If you were served outside of the United States, you have 90 days to respond.

If you don’t respond, the court may enter an order of default and the case can move forward without your participation. The judge can grant relief supported by the evidence and law, and you may lose your chance to contest it.

How will I manage life after divorce?

Divorce affects more than your legal status. It changes your day-to-day life. That’s why we help clients not just resolve legal issues, but prepare for what comes next. From budgeting and housing to parenting schedules and holiday planning, we’re here to make the transition smoother.

If you need additional support, we can connect you with counselors, coaches, and local resources that can help you rebuild emotionally and practically. Your well-being matters to us, long after the paperwork is signed.

What types of cases do your Montgomery family law attorneys handle?

Our attorneys handle a variety of family law cases, including:

• Divorce
• Asset Division for Business Owners
• Divorce Planning
• Mediation
• Alimony
• Collaborative Divorce
• Domestic Partnership Agreements
• Pre- and Post-Nuptial Agreements
• Asset Division
• Divorce Negotiation
• High Conflict Divorce