Divorce

When you get a divorce, you have to serve papers on the other party. Every party has the right to notification of a divorce being filed against him/her requiring “Service”.  This is called “Service of Process in a Divorce”.  Each state has its own service of process requirements in a divorce.  Typically when a spouse cannot be located, the filing party must be a legal resident in the city/county and state for the minimum required time to file in that state. What is "Alternative Service of Process": When you can’t locate your spouse to serve him/her with the divorce complaint,…

Same Sex Divorce Same sex divorce is coming to Maryland. Maryland was the first state to legalize same-sex marriage in 2012 by popular vote. Effective January 1, 2013, same sex marriage became legal in Maryland. You can also get a same sex-sex divorce in Maryland based on any of the grounds for divorce, but the most practical ground for divorce is what is known as a “no-fault” divorce based upon a one year separation. One year separation means that the spouses must live separate and apart for one year. Getting a divorce based on adultery is problematic because the Maryland statutes…

Divorce Attorney: What You Need to Know Many people handle represent themselves without retaining a divorce attorney. In California, 75% of all uncontested divorces are managed by unrepresented pro se litigants. Family mediation is also a process that is often handled by the parties without representation by divorce attorneys.  Others decide they should retain divorce attorneys to review the draft of the Marital Settlement Agreement. If you have a pension or a large amount of property or income it is certainly advisable to consult an attorney before you sign a final agreement. An attorney can also be very helpful in advising you during the mediation itself. You…

Maryland has a new ground for an uncontested divorce call a “Mutual Consent Divorce”. This new type of divorce eliminates the one-year waiting period. You can expedite your divorce in Maryland, if you meet the new qualifications for a “Mutual Consent Divorce in Maryland”, —  effective October 1, 2015 and October 1, 2018. Qualifications for a “Mutual Consent Divorce in Maryland” Whether you have children or not,  you can qualify for this divorce which does not require a one year waiting period. This new divorce is called a “Divorce by Mutual Consent”. You must satisfy these conditions to qualify for a Divorce…

Execute a Marital Separation Agreement as Soon as You Separate As soon as you and your spouse execute a Marital Separation Agreement (sometimes called a Marital Settlement Agreement or a Property Settlement Agreement), your divorce will become uncontested.  You can then represent yourself in the divorce hearing, if a divorce hearing is required. If you can agree with your spouse on the major issues, and execute a Marital Separation Agreement you will save you thousands of dollars in legal fees. You don’t need counsel in order to create and enter into a Marital Separation Agreement.  When parties to a divorce are represented by counsel the cost of legal fees…