Ellicott City Divorce Lawyer

Ellicott City Divorce Attorney

Every divorce comes with difficult emotions and countless changes. This often makes trying to handle the legal parts of your case complicated and stress-inducing. If you’re going through a divorce in Ellicott City, don’t put off finding a family lawyer who knows how to help you.

At the Law Offices of Todd K. Mohink, PA, we have extensive first-hand experience in the varying areas of family law. This is why we are able to serve clients going through almost any kind of divorce. From high-asset divorces to military divorces, our group of accomplished family lawyers offers supportive representation that is tailored to your Maryland case. If you’re looking for an attorney to guide you through the difficult aspects of your divorce in Ellicott City, see what the Law Offices of Todd K. Mohink, PA, can do for you.

Forms of Divorce in Maryland

When a married couple decides to divorce in Maryland, they will be presented with two options. The two primary types of divorces in Maryland are known as:

1. Absolute Divorces
   An absolute divorce is a divorce that fully terminates the legal relationship between two spouses. If a couple goes through an absolute divorce, they receive the right to equitable property distribution, potential spousal support, child custody orders, and other benefits from state law. Decisions on these matters can either be made by a couple outside of court or by a judge in family court when the couple can’t agree. An absolute divorce helps to separate the shared lives of a married couple so that they can start fresh and have the potential to remarry. A couple must be separated for at least 12 months before they can legally request an absolute divorce.
2. Limited Divorces
   In Maryland, legal separations are not an option. Instead, a couple may file for a limited divorce. A limited divorce allows a married couple to live separately and gives them certain temporary benefits like child custody orders. However, limited divorces do not dissolve marriages. If a couple files for a limited divorce, they are still viewed as a married couple in the eyes of Maryland law. Most couples who file for limited divorces are working through rough patches and are unsure if they want to fully end their relationship.

The Maryland Divorce Process

If you and your partner have decided that terminating your marriage is what is right for you, you can then begin the absolute divorce process. This is also known as the general divorce process and is commonly used by separating couples across the state. It’s important to retain an attorney who can guide you through the process and also represent you if the case goes to court, especially if you are going through a contested divorce. For those contemplating divorce or for those who have already filed, you can generally expect your case to follow these steps:

1. Both Spouses Are Separated for 12 Months (Waiting Period)
2. One Spouse Files for Absolute Divorce
3. The Filing Spouse Serves the Other Spouse with Papers
4. The Served Spouse Responds
5. The Discovery Process Occurs
6. All Divorce Matters Are Addressed
7. A Judge Makes a Decision on a Divorce Decree and Finalizes It
8. Spousal Support and Other Court Orders Become Active

How Can Our Divorce Attorneys Help You?

In every divorce, both spouses must make a variety of agreements on issues regarding their marital estate. Making these decisions often results in conflicts between spouses that must then be settled in court. At the Law Offices of Todd K. Mohink, PA, our divorce attorneys carry comprehensive insight into family law and can assist you with every step of your divorce process. We can defend your rights and represent your needs in areas such as:

Child Custody

When children are involved in a divorce, it is often much harder for a couple to make amicable agreements. Because of this, the majority of child custody cases result in some form of conflict. At our firm, we’ve worked through numerous child custody cases and have the strategies needed to represent you and your child’s needs.

Child Support

After a couple divorces with a child involved, one parent will be required to make child support payments to the other. In most situations, the non-custodial or higher-earning parent will make payments to the custodial or lower-earning parent. If you are not receiving the child support payments you were promised, you can take legal action against your ex-partner. If you believe that you are paying too much or that there is something wrong with your child support order, you can petition to have it modified with the help of our team.

Property Division

Maryland is an equitable distribution state, meaning that marital property must be divided equitably between spouses if they end up divorcing. Marital property is defined as any property or assets that a couple collects during their legal marriage. According to equitable distribution laws, marital property must be divided as fairly as possible between spouses depending on their unique situations. This means that in some cases, the division of property may be fair but not technically “equal.” Our divorce lawyers can help you navigate the property division process and better understand what you’re entitled to.

Spousal Support

Not every spouse qualifies to receive alimony in a Maryland divorce. The court will consider a great range of factors, including the length of the marriage, the health conditions of both parties, the income of both parties, and even their earning capacities. If you believe you’ll need financial assistance after your divorce, our staff can guide you through requesting spousal support in Ellicott City. We’re also knowledgeable in representing paying spouses and helping them request modifications.

Uncontested vs. Contested Divorces

When a spouse requests an absolute divorce, the other spouse who is served the papers has the chance to respond. The served spouse can agree with the terms laid out and work with the other spouse to make decisions, or they can disagree and take the entire case to family court. When a divorcing couple is able to make amicable agreements about their separation without using a judge, this is known as an uncontested divorce. Uncontested divorces often have few disputes and can be finalized faster than a contested divorce.

A contested divorce occurs when the served spouse does not agree with the proposed divorce terms that the serving spouse laid out. When a divorce is contested, this means there are disagreements on essential matters such as property division, spousal support, and more. Contested divorces require the assistance of a trained family lawyer with strong negotiation skills.

FAQs About Ellicott City, MD Divorce Law

How Long Does the Divorce Process Last in Maryland?

The divorce process lasts a different amount of time for everyone that goes through it. The kind of divorce you are going through and the amount of conflict involved will most likely play the biggest part in how long your case takes to finalize. After you and your spouse have met the waiting period requirements by being separated for 12 months, you can then begin the actual divorce process. This can take anywhere from a few weeks to three or more months to finalize. Generally, contested divorces take longer than uncontested divorces.

Do You Have to Have a Lawyer When You Get Divorced in Maryland?

If you are going through a contested divorce, it is strongly recommended that you retain a family lawyer until your case is finalized. While in an uncontested divorce, it may be easier to make agreements without a lawyer, a contested divorce often comes with conflicts and consistent legal proceedings. Having a family lawyer to help you navigate each divorce matter and negotiate on your behalf can help greatly.

What Makes a High-Asset Divorce Different From a General Divorce?

If you’re contemplating filing for divorce, you may notice that there are a variety of divorce types that you must choose from. When a married couple has collected assets that total at least $1 million, they must go through what is known as a “high-asset divorce.” These types of divorces are specifically geared towards the distribution of valuable property, which is oftentimes complex.

Is Maryland a No-Fault Divorce State?

Maryland differs from many other states in that it allows both no-fault and fault-based divorces. This means that an individual can file for a no-fault divorce if their spouse mutually agrees and they both believe the marriage won’t be repaired. However, an individual also has the chance to file for a fault-based marriage based on grounds such as adultery or insanity.

The Law Offices of Todd K. Mohink, PA: Ellicott City’s Divorce Team

With multiple accomplished attorneys trained in divorce law, our firm has consistently provided effective divorce representation since we opened our doors. While your future may seem uncertain, assistance from our divorce team can help you feel more confident about your case and any upcoming changes you’re going to face. If you are thinking about filing for divorce or are involved in one currently, ask how our Ellicott City divorce lawyers can help you. Contact the Law Offices of Todd K. Mohink, PA, to schedule your consultation immediately.