What Not to Do When Getting a Divorce in Ellicott City

Most couples do not expect their marriage to end in divorce; however, if divorce is the only option, there are certain things couples should avoid doing. If you are going through a divorce in Maryland, you may want to know what not to do when getting a divorce in Ellicott City.  Seeking guidance from a compassionate divorce lawyer in Ellicott City can help you make informed decisions and avoid costly mistakes.

Divorce Laws in Ellicott City

Also referred to as absolute divorce, divorce in Maryland occurs when a judge ends the marriage agreement between two people. The court order that officially ends the divorce is called a divorce decree. Once a couple has an absolute divorce, they are free to marry other people.

When a couple chooses to divorce, they have to settle key issues, such as:

• Spousal support or alimony
• Child support
• Property division
• Child custody

Couples may agree on all or most of these issues. If they do, it will be an uncontested divorce. However, they may have conflicts about all or most of these issues. If they cannot resolve them, they will have a contested divorce. Uncontested divorces are generally settled more quickly. Navigating these issues can be challenging, but working with an experienced Ellicott City family law attorney can help ensure a fair and smooth resolution, whether the divorce is contested or uncontested. The length of a divorce can vary based on several factors. Learn more about how long divorce takes in Maryland.

Factors That Lead to Divorce

Since divorce involves the merging of lives, children, property, assets, and, sometimes, value systems, any break in these factors may lead to a divorce. It is common in all marriages for couples to have disagreements. However, when they become irreparable, divorce may be the only option. Factors that lead to divorce include, but are not limited to:

• Infidelity
• Disagreements about how to rear children
• Conflicts surrounding money or assets
• Religious differences
• Domestic violence
• Other marital misconduct

Though these are reasons to divorce, one of three grounds must be proven to legally divorce in Maryland. They are mutual consent, a six-month separation, and irreconcilable differences, which can involve any of the above reasons.

Divorce rates in Maryland reflect various challenges couples face, from financial conflicts to irreconcilable differences. According to Maryland divorce statistics, understanding these trends can provide insight into the common reasons marriages end in the state.

What Not to Do When Getting a Divorce in Ellicott City

Engaging in any of these activities may weaken your chances of receiving what you deserve in a divorce:

1. Avoid making derogatory or anger-fueled remarks about your spouse. This is especially important if you share children. Anything you say about your spouse can and may be used against you in the courtroom.
2. Avoid hiding or not disclosing assets. Maryland follows the rule of equitable distribution for property division. This means all marital property and assets should be divided fairly upon divorce. Hiding assets can impede this process and may even be illegal.
3. Avoid breaking the terms of your child support or child custody agreement. Refusing to pay, paying late, or not following the visitation schedule can impact your chances of having a relationship with your child upon divorce.
4. Avoid missing important deadlines for paperwork or court appearances. There are deadlines for filing divorce papers, filing an answer if you have been served, and other paperwork.
5. Avoid representing yourself. Representing yourself can be a big mistake, especially if your partner has a lawyer. Divorce is a legal process, which means all participants must abide by the laws governing the process, which make sure the process is fair, legally binding, and resolves. Your lawyer can show you how to follow these laws and preserve your rights.

What to Do When Getting a Divorce in Ellicott City

Just as you should avoid doing certain things in a divorce, here are some that you should do to improve your chances of success:

1. You should keep your communications with your spouse respectful, honest, and considerate. This not only helps you reach a marriage agreement, but any text message, email, or other communication may be used in your case.
2. You should keep track of all paperwork that will be used throughout the process. This includes financial statements, records related to marital property, child support agreements, and child visitation schedules.
3. You should file all paperwork on time. Be sure to file your Complaint for Absolute divorce, or file your answer on time and with the right office.
4. You should discuss a custody agreement, visitation schedule, and/or parenting plan with your spouse before divorcing. This is mostly true for uncontested divorces, but it can also help with contested divorces as well.
5. You should hire an experienced and qualified Ellicott City lawyer. Your lawyer can negotiate your settlement agreement, inform you of your rights, represent you in court, and guide you through the legal process.

FAQs About Ellicott City,MD Divorce Law

Do You Have to Split Everything in a Divorce in Maryland?

No, you may not have to split everything in a divorce in Maryland. Maryland follows the equitable distribution rule for property disposition, which means that all assets and property should be divided fairly. However, only marital property is split, and the judge considers several factors when determining how property is divided.

What Should You Not Say in Divorce Court?

In divorce court, you want to avoid saying anything that is false, incriminating, or personally attacking your spouse. You should also avoid speaking in absolutes, like saying “always” or “never.” These terms can invalidate your case and make you appear overly emotional instead of rational. It is important to be calm throughout the entire divorce proceedings.

Does It Matter Who Files for Divorce First in MD?

No, it does not matter who files first in Maryland when considering the main factors related to the divorce: alimony, child support and custody, and property division. These outcomes are determined by the judge’s order and discretion, not who files first. However, filing first may allow you to set the tone of the proceedings.

Does Adultery Affect Divorce in Maryland?

In some ways, adultery affects divorce in Maryland. Maryland is a no-fault divorce state; although adultery is not a legal reason for divorce, it can impact the divorce proceedings. For example, it can be considered an irreconcilable difference and influence the judge’s decision in terms of alimony or property division.

An Experienced and Aggressive Ellicott City Divorce Lawyer

At the Law Offices of Todd K. Mohink, PA, we are determined to advocate for our clients and fight for their rights as they navigate their divorce. This process can be emotionally charged for all parties involved, but having a skilled lawyer on your side can make the process smoother. Contact us today to learn more about your rights and how we can protect them