How Is Property Divided in Divorce?

Property division in a Maryland divorce follows the principle of equitable distribution. This means the court will divide marital property in a manner that is fair but not necessarily equal.

How Is Child Custody Decided?

Child custody decisions in Maryland prioritize the best interests of the child. The court will consider factors such as the child's age, health, emotional ties with each parent, the parents' ability to provide for the child's needs, and any history of abuse or neglect.

Alimony, or spousal support, may be awarded to one spouse based on several factors, including the length of the marriage, the standard of living during the marriage, the age and health of each spouse, and the ability of each spouse to be self-supporting. The goal of alimony is to provide financial support to the lower-earning spouse to help them maintain a similar standard of living after the divorce.

How Long Does it Take to Finalize a Divorce in Annapolis?

The time frame varies depending on the case's complexity and whether it is contested or uncontested. An uncontested divorce can take a few months, while a contested divorce may take a year or more.

What Is Divorce Mediation?

While court proceedings can be lengthy and stressful, mediation and other alternative dispute resolution (ADR) methods offer a more amicable way to handle divorce. Mediation involves a neutral third party who helps both spouses reach a mutually acceptable agreement.

What if My Spouse Does Not Want a Divorce?

You can still file for divorce even if your spouse does not agree. In such cases, it may proceed as a contested divorce, where the court will determine unresolved issues.

Do I Need a Lawyer to File for Divorce?

While it is not required, having an attorney can help navigate the legal complexities, especially in contested cases or those involving significant assets, child custody, or alimony.

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Key Takeaways

Maryland is now an exclusively no-fault state, allowing divorce based on six-month separation, irreconcilable differences, or mutual consent.
A no-fault divorce can still be contested, and spouses must agree on custody, child support, alimony, and property division to finalize an uncontested divorce.
Maryland courts divide marital property under equitable distribution, which means a fair division based on statutory factors rather than an automatic 50/50 split.
An uncontested divorce may conclude in a few months, whereas a contested divorce can take 12 to 18 months and cost significantly more.

Any type of divorce in Annapolis can be difficult, but you can make things easier on yourself by getting legal help at the start of the process. The Annapolis divorce lawyers at Olivieri & Larsen can help you take a strategic approach to your divorce to minimize your own burden.

Grounds for Divorce in Maryland

As of 2023, Maryland has eliminated fault-based divorce. Now, Maryland is exclusively a no-fault state. There are three potential ways that you can get divorced in Maryland:

Six-month separation: You and your spouse must have lived separate and apart for six consecutive months without interruption before filing. You can still qualify even if you continue living under the same roof, as long as you have been leading separate lives.
Irreconcilable differences: You can file immediately, with no waiting period, by stating the reasons your marriage cannot be saved. The statute does not define the term, giving spouses broad flexibility.
Mutual consent: You can obtain a divorce without any separation period if you and your spouse sign a written settlement agreement resolving alimony, property division, and all issues involving minor children.

Contested vs. Uncontested Divorce in Annapolis

Even if all divorces in Maryland are now no-fault, it does not mean that they will automatically be uncontested. To have an uncontested divorce, you need to agree on all the major areas with your spouse, including:

Child custody and visitation
Child support
Alimony
Division of marital assets

If you and your spouse can agree on all of these, you can enter into a marital settlement agreement, which becomes the basis for a court order. If any one of these issues is still outstanding, your divorce would need to be litigated. Even if your divorce is contested, it may become uncontested at a certain point if you can reach an agreement through either negotiation or mediation. The hope is that your divorce would end up uncontested, but you need to be prepared to litigate if necessary.

How Marital Property Is Divided

Maryland uses the laws of equitable distribution to divide marital property. The laws are set forth in Section 8-205 of Maryland’s Family Law Article. This law uses factors of fairness to determine how much of the marital assets each spouse will receive. Again, the spouses should ideally try to negotiate a settlement before the case goes to court. These are some of the factors that a Maryland court may consider in equitable distribution:

The monetary and non-monetary contributions of each spouse to the family’s well-being
The value of all property interests of each spouse
The economic circumstances of each spouse when the award is made
The circumstances that contributed to the estrangement of the spouses
The duration of the marriage
The age of each spouse
The physical and mental condition of each spouse

The test is a flexible one, and a judge may have a considerable amount of discretion in applying it.

Alimony and Spousal Support

Maryland courts may award alimony to help a financially dependent spouse after divorce. Rehabilitative alimony provides support for a limited period while the receiving spouse becomes self-supporting. Indefinite alimony may be awarded when age, illness, or disability prevents self-sufficiency, or when the spouses’ living standards would remain unconscionably disparate. In deciding alimony, judges consider:

Each spouse’s financial needs and resources
The ability of the paying spouse to meet their own needs while providing support
The standard of living established during the marriage
The length of the marriage
Each spouse’s age and health
Each spouse’s contributions to the family
The circumstances that led to the divorce

Child Custody and Support

Maryland courts decide child custody based on the best interests of the child. Custody has two parts: legal custody, which is the authority to make major decisions about a child’s education, health care, and religious upbringing; and physical custody, which determines where the child lives. Parents may share either type, or one parent may have sole custody. Judges consider factors such as each parent’s fitness, the child’s relationship with each parent, the parents’ ability to communicate and cooperate, and the child’s preferences when appropriate. Child support is calculated under Maryland’s guidelines, which consider both parents’ incomes, the number of overnights with each parent, and expenses such as child care and health insurance.

How Long Does an Annapolis Divorce Take, and What Does It Cost?

The cost and duration of your divorce depend on your specific situation. If you have an agreed-upon and uncontested divorce, your marriage could end in between one and four months. At the other end of the spectrum, a contested divorce could take 12 to 18 months from start to end. Your costs will break down into court and attorney fees. Depending on the complexity of your divorce, some attorneys may handle the case on a flat-fee basis. If you have a contested divorce, you can expect to pay an attorney much more. Hiring an attorney is an investment because the outcome of your divorce could determine your entire future.

Mediation vs. Litigation: Which Path Fits Your Case?

The preference is that you will be able to successfully mediate a settlement in your divorce case without having a hearing. Much depends on whether both spouses are willing to talk and compromise, as it takes both to resolve matters harmoniously. Even divorce cases that are litigated can eventually be mediated and avoid a trial. It is in your interest to avoid court to the fullest extent possible, although you may need to litigate to protect your rights when your spouse is intransigent.

Why Choose Oliveri & Larsen

When your family’s future is at stake, you need attorneys who know the local court. At Oliveri & Larsen, we have represented clients in divorce, custody, child support, alimony, and property division cases throughout Anne Arundel County. Our attorneys regularly appear in the Circuit Court for Anne Arundel County and understand its procedures, expectations, and local practices. That experience allows us to give you realistic guidance and build a strategy tailored to your goals. Whether your case can be resolved through negotiation or requires aggressive courtroom advocacy, we will protect your rights and help you move forward with confidence.

Frequently Asked Questions

Can we separate while living in the same home?

Yes. Spouses can satisfy the six-month separation ground while living under the same roof, as long as they lead separate lives.

Does my spouse have to agree to the divorce?

No. Irreconcilable differences or separation lets you proceed without your spouse’s consent.

Is legal separation still available?

No. Maryland abolished limited divorce in 2023.

Will we have to try mediation?

Courts may order mediation in custody disputes.

Are retirement accounts divided?

Benefits earned during the marriage are marital property.