Divorce

Rockville Divorce Lawyer

Experienced Divorce Representation in Montgomery, Howard, Frederick, & Carroll Counties

Divorce is known by experts as one of the most stressful experiences in life, second only to the death of a loved one. It can be an intensely emotional process that can compromise your ability to think rationally and in your own best interests as well as those of your children. When faced with such personal and painful issues as child custody and visitation, the division of marital property and debt, as well as countless other decisions associated with the end of your marital relationship, divorce can be overwhelming. 

Having the experienced counsel of a trusted attorney can be one of the best decisions you will make in navigating your divorce. At The Law Offices of Ellen L. Lee, you will have the benefit of representation that is long in experience, compassionate in client interaction, and tough in fighting for optimum results.  Our Rockville divorce attorney does it all, including drafting and filing the pleadings and motions, representing you at mediation, negotiating with opposing counsel, and arguing your case in court if necessary.

Reach out to The Law Offices of Ellen L. Lee online or at (301) 417-5351 to book a confidential consultation with our divorce attorney. 

Divorce Basics in Maryland

Couples wishing to divorce in Maryland must meet the residency requirements. If the grounds for divorce occurred out of state, you must have been living in Maryland for at least a year before you can file for divorce here. If the grounds for divorce occurred in state and you are a resident, you can file for divorce in the county in which either you or your spouse resides.

Maryland law provides for two types of divorce:

  • Limited divorce is similar to legal separation. The terms regarding child custody and support are legally binding, but the divorce is not permanent, remarriage is not allowed, and assets remain jointly owned.
  • Absolute divorce is a permanent arrangement that allows for remarriage and requires division of all marital property.

When filing for either type of Maryland divorce, you must cite grounds. Grounds for a limited divorce include:

  • Cruelty or vicious physical, verbal, or emotional conduct
  • Desertion
  • Constructive desertion
  • Voluntary separation

The following are grounds for absolute divorce under Maryland family law:

  • Adultery
  • Cruelty or vicious physical, verbal or emotional conduct
  • Desertion
  • Constructive desertion
  • Separation for at least 12 months
  • Insanity
  • Conviction of a crime and sentenced to at least three years in prison.

“No-fault” divorce in Maryland is based on the grounds of “separation for at least 12 months” listed above. This can speed up the divorce process due to the fact that fault-based marital misconduct does not have to be proven in court. However, in all cases of divorce, you and your spouse will need to agree on all divorce-related issues, such as child custody and visitation, child support, spousal support, and marital property division. Where these issues are agreed upon through negotiation or mediation, your divorce will be considered “uncontested.” Where you and your spouse cannot agree, your “contested” divorce will need to be resolved at trial. 

Our firm handles all divorce cases, including those involving same-sex couples and military couples

Get your divorce questions answered and your concerns addressed. Set up a divorce consultation with our lawyer by contacting us online or at (301) 417-5351 today.