Put in the simplest terms, divorce is the legal process that ends a marriage. But as anyone who has ever considered or experienced a divorce knows, little about this process is simple. Just as marriage is more than a legal relationship, divorce is more than a legal process. Divorce impacts your finances, and your relationship with your children and others, and touches nearly every aspect of your life in some fashion.
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When you are standing on the brink of divorce, you are in unfamiliar territory and facing an unfamiliar process. The divorce attorneys at The Mumford Law and Mediation Firm, provide you with the advice, tools, resources, support, and advocacy you need to navigate the divorce process and we work tirelessly to pursue your objectives in connection with the next chapter of your life.
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One of the first decisions you will make during your divorce is which lawyer with whom to work. Your choice of attorney will affect not only the outcome of your divorce but your experience during the process. All divorce clients are unique and so are all divorce attorneys. Here are some of the traits that set the attorneys at the Mumford Law and Mediation Firm apart.
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We are tested and experienced. In law, there is simply no substitute for experience. Our attorneys each have decades of experience practicing in the area of family law. We have handled multiple divorces, including those with complex financial and child custody issues.
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We are team-oriented in our approach. Each of our attorneys brings different strengths and insight to the table. We work together so that our clients receive the benefits of each attorney’s unique skill set and vast experience.
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We are versatile. Because most divorce cases will ultimately settle, many divorce attorneys lack time-tested courtroom experience. That is not the case with our attorneys. We are all experienced litigators and because we are at ease and skilled in the courtroom, we have the leverage to reach even more favorable results for our clients.
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We are tactical. Because we have a thorough understanding of the legal landscape both inside and outside of the courtroom, we can maneuver, and outmaneuver, our opponents skillfully—often in a way that opponents never expect.
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We are compassionate. Even as we strategize to achieve the best possible outcome in your situation, we never lose sight of the fact that our work impacts real people, children, and entire lives. We are committed to helping our clients through the emotional challenges of divorce in addition to the legal ones.
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We are modern. Our attorneys are cutting-edge and up-to-speed on ever-evolving family law issues, and we make use of the latest technology to manage cases effectively and efficiently and be responsive to our client’s needs.
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New Maryland Divorce Laws, Apply to all divorces filed after October 01, 2023
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New legislation recently repealed an entire section of the law that permitted an individual to obtain a limited divorce and altered the grounds for absolute divorce in the State of Maryland.
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Limited Divorce
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Prior to the new legislation, Maryland recognized two types of divorce – limited divorce and absolute divorce.​ A limited divorce allowed individuals a basis for seeking temporary relief, perhaps who were unsure about permanently ending the marriage or for other reasons. A limited divorce allowed the parties access to the courts to resolve child custody and support issues, and alimony but did not make decisions on the distribution or termination of properties or assets. Contrary to an absolute divorce, the granting of a limited divorce did not terminate the marriage, and remarriage was not permitted. The parties could end the limited divorce at any time or continue indefinitely with the typical scenario of waiting out the 12 months of separation if grounds are not established, and amending the limited divorce to absolute divorce to end the marriage. However, with the new legislation, this ability to obtain a limited divorce has been repealed in its entirety and is no longer available under Maryland Law, leaving absolute divorce as the only viable option.
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Absolute Divorce
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While absolute​ divorce remains available to those parties seeking divorce, there have been considerable changes to the grounds for absolute divorce. Prior to the new law, parties could obtain an absolute divorce under the following grounds:
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Adultery;
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Desertion;
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Conviction of a felony or misdemeanor with incarceration;
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12-month separation;
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Insanity; or
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Cruelty of treatment or vicious conduct toward a spouse and/or minor child.
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However, these grounds have been repealed under the new law and have been replaced with the following:
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6-month separation if the parties have lived separate and apart for 6 months without interruption before the filing of the application for divorce even if the parties are living under the same roof or if separation is in accordance with a court order;
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Irreconcilable differences based on the reasons stated by the complainant for the permanent termination of the marriage. The bill specifies that parties who have pursued separate lives must be deemed to have lived separate and apart for purposes of the ground of six-month separation even if the parties reside under the same roof or the separation is in accordance with a court order; or
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In Permanent legal incapacity of a party who permanently lacks the capacity to make decisions.
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Under current law, a court may also grant an absolute divorce on the ground of mutual consent. The bill does not alter provisions regarding an absolute divorce based on this ground. In some cases, the court may also grant a divorce based on the permanent legal incapacity of a spouse to make decisions.
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Impact of New Legislation
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The new legislation will have a significant impact on those who wish to obtain a divorce and those attorneys who represent them. Some advantages of the new law are as follows:
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Obtaining a divorce is easier and quicker for the parties as the time frame required to do so is significantly lessened.
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Parties may remain in their shared home and “live under the same roof” while awaiting the 6-month separation time to lapse provided the parties live separate and apart.
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Conflicts and stress between the parties and the effects on the children are potentially reduced and hopefully will allow for an easier transition for families.
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While the original grounds for absolute divorce have been repealed, those former grounds may still be considered as factors when deciding child, alimony, and other divorce related issues.
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While the advantages to the legislation are quite appealing there are still some questions left to be answered such as:
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How will the courts handle those limited and absolute divorces that have been filed before October 1, 2023, when the new law goes into effect?
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Will clients feel disadvantaged without the “legal crutch” of the limited divorce when uncertain whether to permanently end their marriage?
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How will define Maryland's irreconcilable differences? Generally, the definition is broad in that it refers to the inability of a married couple to resolve their differences to save the marriage creating the basis for a no-fault divorce. Will misbehavior on the part of the spouse remain relevant for support and monetary determinations?
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What guidelines will the court utilize when deciding a case based on the permanent incapacity of a party? Health insurance decisions and financial support decisions are a few factors that must be addressed when deciding these issues.
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Over the next few months, we will await the court recommendations and move forward toward what is expected to be a more efficient, expeditious, and less stressful process for obtaining a divorce for both clients and attorneys. Set a consultation to discuss these new laws with one of our attorneys.
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Would an uncontested divorce normally cost less than a contested divorce?
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It can. This is because when a divorcing couple has done their homework, they have resolved any differences between them, and come to an agreement on their own, it requires far less time for a divorce attorney to handle the divorce.
When there is a high level of conflict, when the parties disagree and create conflict, this drives up attorney fees and makes the whole divorce process drag on unnecessarily.
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Let Our Lawyers Fight for You and Your Family!
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