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What to Expect From the Divorce Process in Maryland
If you are considering ending your marriage in Maryland, the first thing to do is understand the legal process and what to expect. Although it is not possible to totally anticipate every step of your divorce, you can get a good sense of what the future might have in store by talking to an experienced Maryland divorce attorney. This guide will walk you through the key steps, explain important legal terms, and help you feel more prepared for what lies ahead.
The Two Types of Divorce in Maryland
Maryland recognizes absolute divorce and limited divorce. Absolute divorce fully and legally ends the marriage. Once an absolute divorce is granted, both spouses are free to remarry. It also settles important issues such as property division, alimony, child custody, and child support.
Limited divorce does not officially end the marriage but allows spouses to live apart under court-approved terms. You may have heard it called legal separation in other states. Limited divorce may resolve issues like financial support and child custody while a couple remains legally married. Some people use a limited divorce to establish separation before filing for absolute divorce while others prefer it for religious reasons.
Should I Obtain a Peace or Protective Order in Maryland?
Both peace and protective orders can give relief to people who are suffering from abuse.
In July of this year, there were thousands of petitions filed for peace and protective orders in Maryland. According to the Maryland Courts, 1,938 people requested protective orders, and 1,049 people asked for peace orders.
Though these orders are very similar in nature, there are a few distinctions that can help people determine which they will need. Requesting the right one will ensure that victims of abuse will receive the protection they need.
The Difference
In order to secure a protective order, at least one of the following qualifications must be met:
The petitioner must be married or have been married to the respondent.
The petitioner must be in some way related to the respondent, through marriage, blood or adoption.
The petitioner must have had a sexual relationship and lived with that person for at least 90 days over the last 12 months.
Exploring the Gray Divorce Phenomenon in Maryland
America has experienced a spike in the number of people over the age of 50 who are filing for divorce, also referred to as the gray divorce phenomenon.
Although many people dream of capturing lifelong love and romance through marriage, approximately 50 percent of all marriages in the U.S. end in divorce, according to the Centers for Disease Control and Prevention. The concept of divorce is becoming more popular for couples who have been married for a long period of time and are nearing retirement. Researchers from Bowling Green State University have found that more people over the age of 50 are getting divorced than ever before. Many people are searching for answers as to why gray divorce has become so prevalent in Maryland and across the country.
A Look at The Numbers
The results obtained from the study conducted by researchers at Bowling Green State University found that one in four couples over the age of 50 filed for divorce in 2009, which is a substantial increase from the one in ten couples in the same age group who filed for divorce in 1990. The study, which was published in the Huffington Post, estimates that by 2030, more than 800,000 couples 50 years and older will divorce each year.
Deciding Child Custody in Maryland: What You Should Know
On behalf of Kari Fawcett
When deciding child custody in Maryland, the court will consider the best interests of the child. Many factors will be looked at to award legal and physical custody to one or both parents.
When a married couple is divorcing, child custody will be decided as a part of the divorce proceeding. It is important for parents to be aware that there is not a presumption that one parent is naturally better or the first choice over the other parent in Maryland. The court’s goal is to find the best situation for the child, which is in the child’s best interests. This could be either parent, both are considered equally when determining custody. In addition, the court will not automatically split custody between both parents. Custody of the child or children may be awarded to one or both parents depending on a number of factors and again, the best interests of the child will be paramount.
Child Support Vital for Thousands of Maryland Families
Every second Sunday in May we celebrate Mother’s Day, a day in which we honor the women that brought us into the world, made sacrifices to ensure that we grew up healthy and happy and loved us unconditionally. More moms these days hold two titles: mother and bread winner.
What is the reality for working women in Maryland? A study conducted by the personal-finance site WalletHub.com gathered data to determine the best and the worst states for working moms; Maryland ranked twelfth best overall.
Women in Maryland may work in a jurisdiction with the fourth smallest gender pay gap and fifth best locale for professional opportunities, but they are working hard for those benefits. The study found that Maryland ranked last out of all states (and the District of Columbia) for work-life balance of working moms. A longer average commute time, longer workdays and a lower parental leave policy score all contributed to this ranking.
Even though the child care system in Maryland was ranked third in the nation, the truth is that single moms — and dads too — are faced with the added hurdle of having to go it alone. Many single parents rely on child support payments to make ends meet. Although only one parent might be considered the custodial parent, it is important to remember that both have a legal obligation to financially provide for their children.
Can Maryland Parents Move out Of State with Kids After Their Divorce?
Parents in the state of Maryland must provide notice and obtain permission and/or a court order in order to relocate their child’s permanent residence in or out of state.
Following a divorce, it is common for people in Bowie, and throughout Maryland, to desire a change. Some may move in an effort to pursue employment or education opportunities, while others may want to be closer to family or just need a change. For parents, however, there may be more to the process than just packing up and hitting the road. Depending on the circumstances of their custody arrangements, parents may require permission to move out of the state with their children after a divorce.
Notice of Intent to Relocate
Unless doing so would expose children or parents to abuse, those seeking to relocate their child’s permanent residence must provide written notice of their intent. This is the case whether they plan to move to a new home in the state of Maryland, or move out of state. Under state law, parents must give this notice to the child’s other parent, the court or both within 90 days of the proposed child relocation.
Plan for Holidays when Creating a Parenting Schedule
Holidays throughout the year are special times for parents and children to enjoy making memories. Some of these are associated with beloved traditions, such as looking at holiday lights or having a large barbecue.
Determining the parenting schedule is often challenging for parents who are ending a romantic relationship. The holidays, including the child’s birthday, are usually significant areas of contention.
Consider Alternating Holidays
One option that you have is to alternate holidays. For example, one parent can have the child for Thanksgiving on odd-numbered years and Christmas on even-numbered years. The other parent would have them in the opposite years. If you opt to use this method, be sure that all holidays are covered so that there’s never any opportunity for confusion.
Factor in Family Celebrations
The top priority when creating the schedule must be the children, so you need to determine if there are family celebrations that should be considered. For example, if one person’s family always celebrates Easter but the other person’s family doesn’t, the child may want to spend Easter with the family that celebrates.
What Protects You After an Uninsured Driver Causes a Wreck?
Insurance is a necessary expense if you want to drive your own vehicle. Unless you want to depend on Rideshare apps or public transportation for everything you and your family need, you will need to register a vehicle and carry liability coverage on it.
If you get into a crash, the police officer responding to the collision will evaluate the situation carefully. Their police report will usually include an allocation of fault. They will decide, based on the circumstances, who they think is to blame for the wreck.
If the other driver is the one at fault, then you should be able to make a claim against their insurance coverage. What happened to you if there isn’t a policy to make a claim against?
Maryland Has Quite a Few Uninsured Drivers
Maryland is sixteenth in the nation for its rate of uninsured drivers, at least based on 2019 data. Roughly 14.1% of drivers in Maryland continue operating their vehicles after canceling their policies or allowing them to lapse due to non-payment.
What Happens to Your Shared Property in A Maryland Divorce?
Considering divorce is frightening. The average adult has little understanding of state law. Instead, it will be what they have seen in movies or stories they have heard from co-workers that inform their ideas about divorce.
Many people in Maryland have heard at least one story where someone loses all of their property because of an unfair divorce ruling. The idea that this could happen to you might make you feel trapped in your unsatisfying marriage.
Whether you have spent a lifetime working and acquiring property and don’t want to lose those assets or you are a dependent spouse with almost nothing in your name, it is natural to worry about what happens to your property when you divorce. Learning the laws in Maryland can help you feel more confident about the process.
Maryland Has an Equitable Distribution Law
Like the majority of other states, Maryland is an equitable distribution state. If you and your ex go to court to divide your property, a judge has to look at all of your assets and debts.
Will Insurance Repay You for All of Your Crash Expenses?
Someone in a big pickup truck merges right into the side of your car on the highway, or someone turns left at a four-way stop without actually stopping first. They cause massive damage to your vehicle and possibly serious injuries to you.
You have to go to the hospital or tow your vehicle to a shop or a scrapyard. You know that you have good insurance, so you probably expect that you can file a claim for the losses you have suffered. Will the other driver’s Maryland insurance policy reimburse you for all of your losses?
The Other Driver May Not Have Very Much Coverage
Regardless of how many losses you suffered, you can only make an insurance claim for up to the maximum amount of coverage the other driver has. Many people in Maryland only carry the least amount of insurance they need to legally drive. You could have as little as $15,000 worth of property damage coverage or $30,000 worth of bodily injury coverage to protect you.
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