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Average Divorce Costs in the United States & Maryland – Short answer: The average divorce costs $15,000 per person in the United States. Maryland comes in a little lower than the national average, ranging from $11,000 to $13,500. This average cost of divorce includes:

Attorneys’ hourly fees Court filing fees Other expert fees – such as paying for discovery professionals to sort through documents, special couriers to transport letters, etc.

Notice that attorney fees are charged on an hourly basis. This hourly charge means that the longer your divorce drags on, the more it will cost. For reference, the average divorce takes between 4-11 months without a trial, and over a year with a trial. On average, decent Maryland lawyers charge a minimum of $260 per hour. The fee is largely due to the more expensive metropolitan areas where lawyers tend to keep their offices. (Consider the cost of living around Annapolis, Bethesda, or Baltimore.) All things considered, divorces can cost you a year’s worth of college tuition. Make sure you’re doing all you can to keep the price down! >>READ MORE ABOUT DIVORCES IN MARYLAND<<

How long does it take to get divorce in Maryland?

People may think of divorce as a prolonged process, but it does not need to be that way. If moving things along quickly is a priority for you, you can raise that issue with your lawyers as there are steps that can be taken to hasten the process. In most cases, if you reside in Maryland, laws will govern the steps necessary to obtain a divorce, even if you were married in another state.

Once a Marital Separation Agreement has been reached, a Maryland divorce usually takes 30 to 120 days to become final. However, the length of time can vary depending on the specific court, caseload, and availability of judges. At Huesman, Jones & Miles, LLC, we find that our clients feel more comfortable when they thoroughly understand the legal process.

When a lawyer fails to keep an open, active line of communication with their client, this can result in frustration and disappointment when there are unanticipated delays. Although every divorce is different, most progress along the following timeline.

How long do you have to be separated in Maryland to get a divorce?

However, this ground requires that you be separate and apart for 12 months prior to filing. In Maryland, an absolute divorce on the ground of voluntary separation may be obtained by either party 12 months after the parties agree to separate and then live separate and apart in separate homes without sexual intimacy.

Who qualifies for alimony in Maryland?

Alimony/Maintenance/Spousal Support in a Maryland Divorce There are two types of alimony.

Alimony during the wait for the divorce. This is also called “alimony pedente lite”. A court can award this type of alimony between the time you file for divorce (and make a request for alimony) and the time the divorce is final. The purpose of this type of alimony is to maintain the status quo during the divorce. It does not necessarily mean that you will be awarded alimony after the divorce. Alimony after the divorce.

Permanent alimony is payment made by one party to the other after the divorce, either by court order or by mutual agreement. This type of post-divorce payment is also sometimes referred to as maintenance. Until 1980, there were no provisions under Maryland law for alimony.

1. The Divorce Code of 1980 provides that the court may allow alimony to either party “only if it finds that alimony is necessary.” As a result of Maryland’s equal rights amendment, either a husband or a wife in a marriage may be required by the court to pay alimony. Md. Code Ann.
2. Family Law §11-101(b).
3. Under Maryland law, married people are financially responsible for each other – the husband has a duty to support his wife, and the wife has a duty to support her husband.

This duty lasts until the final Decree in Divorce is granted. It doesn’t stop simply because the couple separates. Once the parties file for a mutual-consent no-fault divorce, they must wait at least 90 days and often significantly longer before the final Decree in Divorce is granted.

• During this period, an agreement on support payments may be appropriate if the parties are separated.
• Alimony can be awarded only before the final ending of the marriage,
• Failure to make a claim for alimony as part of a divorce means that you cannot come back later after the marriage has ended and start an alimony claim.

The Maryland Court of Appeals has noted,” he longstanding rule in Maryland – that the right to claim alimony is extinguished at the time of the severance of the marital relationship.” Altman v. Altman, 282 Md.483, 490, 386 A.2d 766 (1978). Alimony in Maryland is authorized in limited situations and is not the broad remedy that it is in other states.

Alimony in Maryland is either “rehabilitative” or “indefinite”, Rehabilitative alimony is intended to be a short-term measure which enables a spouse to get back on his or her feet. Alimony is awarded to enable the other spouse to go back to school or to acquire needed skills that would enable the spouse to be competitive in the job market.

Usually a spouse who has chosen the role of becoming a homemaker and raising children has not been able to develop the skills necessary for productive and gainful employment. “Permanent or indefinite alimony” continues for a long period of time, possibly until the death of the party receiving the alimony and is usually awarded when one of the parties is unable to work due to age physical or mental illness.

• This is a relatively rare type of alimony awarded with no specific end point.
• You may receive alimony if (because of your age, an illness, or a disability) you cannot (1) make reasonable progress toward supporting yourself or (2) even if you can make reasonable progress; your ex-spouse’s standard of living is “unconscionably disparate” from yours.

“Unconscionably disparate” means that there is a very large and unfair difference between your living standards. Alimony awards may be changed or ended in the future. This may happen if one of the ex-spouses asks the court to consider the alimony amount in the future.

The court will consider a long list of factors in deciding if you or your spouse should get alimony. These factors include: length of your marriage; your financial situation during the marriage, now and in the future; your age, physical and mental health; and the reasons for the divorce. How important each factor is will depend on individual circumstances and judges (and masters) have very broad discretion. Take the alimony quiz to see if you should consider a claim for alimony. Factors the court will consider in alimony decisions – the court shall consider all the factors for a fair and equitable award, including: but not limited to:

the ability of the parties seeking alimony to be wholly or partly self-supporting; the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment; the standard of living that the parties established during their marriage; the duration of the marriage; the contributions, monetary and nonmonetary, of each of the party to the well-being of the family; the circumstances that contributed to the estrangement of the parties; the age of each party; the physical and mental condition of each party; the ability of the party from whom alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony; any agreement between the parties; the financial needs and financial resources of each party, including: – all income and assets, including all property that does not produce income; – any monetary award concerning property and award of possession and use of the family property – the nature and amount of the financial obligations of each party; and – the right of each party to receive retirement benefits; and whether the award would cause a paying spouse or a spouse who is a resident of a care facility with more than two patients to become eligible for medical assistance earlier than would otherwise occur.

Although the court is not required to use a formal checklist, it must demonstrate consideration of all necessary factors, including any that are not expressly listed in this section. Such “other factors” can be defined as any factors that the court may deem necessary or appropriate in order to arrive at a fair and equitable award of alimony.

Here is a Quiz you can take which will help you determine if you are entitled to alimony: to go to the People’s Law Library to take the quiz.

Maryland Divorce	$59.00
MD MSA	$39.00
MD Divorce & MSA Combo (best value)	$89.00

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Maryland Divorce $149.00 MD MSA $79.00 MD Divorce & MSA Combo (best value) $199.00

Try before you buy : Alimony/Maintenance/Spousal Support in a Maryland Divorce

Do you have to go to court for a divorce in Maryland?

One of the most commonly asked questions we get at Jacobson Family Law is: Can I get divorced without going to court? Most people assume that you have to go to court if you want to get a divorce in Maryland but that is not entirely true. While you will need to attend a brief uncontested divorce hearing, you do not have to rely on the court to make decisions for you and your spouse.

Child custody Financial support including child support and alimony Property Division (bank accounts, vehicles, personal property, home, and retirement accounts)

Once you have agreed upon the terms of your separation agreement, you should have an attorney prepare separation agreement (also known as a Marital Settlement Agreement) before signing it to ensure that you understand your legal rights and obligation.

• Mediation Divorce mediation is a process where a trained mediator (often a family lawyer or therapist) helps you and your spouse work out your differences.
• Mediation allows you to craft an agreement that works best for you and your family.
• The goal of mediation is reach a resolution and have the terms your included in a written agreement.

Mediation is a less expensive and less stressful way to resolve your disputes. Mediation can take place either in person or online and may include attorneys, though they are not required. Collaborative Divorce Collaborative Divorce is a process that allows you and your spouse to resolve your differences with the support of a collaborative team.

The collaborative team includes collaboratively trained attorneys, mental health professionals, financial professional, etc. The Collaborative Team signs a participation agreement that requires a commitment to keep the matter out of court. This team approach focuses on helping the parties work together, both now and in the future.

Collaborative Divorce prioritizes the needs of children and maintaining respect during negotiations. Settlement Negotiations Through settlement negotiations, you and your spouse will rely on your respective attorneys to negotiate the terms of your separation agreement without the need for you and your spouse to communicate directly with one another.

• This approach can be helpful when spouses are unable to effectively communicate with each other or if there is a power imbalance between the parties.
• Do I Have to Go To Court? If you and your spouse are able to successfully reach an agreement that resolves all issues between you, you may immediately get an uncontested divorce based on the ground of mutual consent,

This ground for divorce does not require you and your spouse to be separated. Maryland requires you to attend a short, and possibly remote virtual, uncontested divorce hearing in order for your divorce to be finalized. Jacobson Family Law is committed to Keeping the Drama Out of your Divorce by avoiding lengthy, drawn out court proceedings.

How can I get a simple divorce in Maryland?

Completing and Filing Divorce Forms – First, you will need to get the correct Maryland divorce forms (which you can find, along with instructions for completing them, on the Maryland Courts divorce page ). If you are initiating the process of filing for a mutual consent divorce, you will file a complaint for absolute divorce.

financial statements a Civil Domestic Information Report, and child-support worksheets if your agreement provides for payment of child support, and a request for a waiver of the filing fee if you can’t afford it.

You must file the complaint, along with the other required forms and the filing fee, with the Maryland Circuit Court in the county where you or your spouse live. As long as you and your spouse consented and signed the settlement agreement in Maryland, the state doesn’t have any other residency requirements for a mutual consent divorce other than living in the state when you file the complaint (Md.

Code, Family Law, § 7-101 (2021)). When you file the forms, the court clerk will issue a summons, create a case file, assign a number to the case, and collect the filing fee unless you’ve requested and qualify for a waiver. (Under the M aryland Circuit Court Fee Schedule, effective September 2021, the filing fee for divorce is $165.) You will then need to provide your spouse with copies of all the paperwork, but you can’t do this yourself.

Instead, you need to complete service of process—usually by having someone else (such as a private process server or sheriff) hand deliver the copies or mail them by certified mail. Once you’ve served the papers, you must send the court proof of that service (using the appropriate form for the type of service you used).

If your spouse was the one who initiated the divorce, you must file a completed form with your answer to the complaint within 30 days (or 60/90 days if you were served in another state or outside the country). For a mutual consent divorce, be sure to check all of the boxes declaring that you admit the statements in the complaint, and that you are asking the court to grant the relief requested in the complaint.

If you have any questions about the forms and filing process, you can get assistance at a Maryland Court Help Center. Or you can use an online divorce service that will complete all of the necessary forms for you, after you’ve answered some questions about your situation.

What is the cheapest you can get a divorce for?

What Does Divorce Cost If Both Parties Agree? – If both parties agree on all major issues, known as an, you can keep the costs relatively low. If you do your own divorce papers and your divorce is amicable, costs could be under $500. Of course, there are filing fees in all states, which increase the cost. Unless you get a waiver based on your income, you must pay,

Can you file for divorce in Maryland without a lawyer?

Mutual Consent Means Agreeing on Everything, from Custody to Cutlery – Unfortunately, many couples who agree that they need a divorce still are not eligible for the mutual consent process. This is because they can’t agree on the details of their divorce. A Mutual Consent Divorce only allows you to skip hiring a divorce lawyer to go through a formal litigation process if:

You sign and submit a written settlement agreement resolving all issues including alimony (spousal support) and property distribution. Include terms resolving all issues related to the care, custody, access, and support of your children. Include the court-approved child support guidelines worksheet. Neither party asks the court to set aside the settlement agreement before the divorce hearing. One of you attends a hearing in front of the Maryland family court judge.

While some couples can work out all their issues on their own, others need help deciding how to divide their property, or how long alimony payments should continue. Others are able to reach an agreement on all issues, but don’t have the skills to draft an agreement that fully documents all of the agreed upon terms.

When these things happen, it can save everyone time and frustration to hire a divorce lawyer or mediator to help work through the details of settlement. For example, Daryl and Ebony agree they need to get a divorce. They also know neither of them can afford the home they share on their own. While they were married, Daryl paid the mortgage, but Ebony’s income covered all the utilities and insurance.

Daryl wants both parties to move out so they can sell the home immediately, but Ebony thinks that will waste money, since they will be paying a mortgage for an empty house. An experienced divorce lawyer can help Ebony present options to Daryl for one party to live in the home while it is listed for sale, and can negotiate with him over what bills Ebony will continue to pay until it is sold.

• A mediator can help Daryl and Ebony find a compromise that is agreeable to them both.
• In other cases, the challenge isn’t knowing how to divide property, it’s both sides knowing what needs to be divided.
• In families where one spouse has traditionally handled all the financial matters, the other spouse may not know what they have, or what they are entitled to.

This is especially true when it comes to retirement accounts and alimony. Often, the spouse with a higher income may falsely believe they are entitled to more of the assets in a divorce. If the lower earning spouse (or homemaker) doesn’t ask questions, it could leave her or him without the means to start over after the divorce is final.

Jerry and Gina have been married for a long time. Their children are grown and have moved away, and they both feel it is time for them to do the same. Jerry has always been the wage-earner, while Gina took care of the children and worked part-time. Over the last 20 years, Jerry has accumulated substantial amounts in a retirement account connected to his work.

He believes he should receive that money in the divorce. Gina doesn’t have a retirement account and isn’t sure whether she’s entitled to any of Jerry’s investments or not. By having a consultation with a divorce lawyer, Gina can find out how Maryland law treats retirement assets in divorce and can explore options to allow her to have the money she needs when it is time to retire.

Even if she decides not to hire a lawyer for the divorce process itself, that consultation can help her rest easy knowing she protected her rights and received what was fair. In the alternative, If Jerry goes to see a lawyer, he would be educated about the law and have a better understanding of how all property would be divided by the Courts, including his retirement investments.

In theory, you and your spouse could come to an agreement on all the terms and get a divorce without a lawyer using the mutual consent process. However, all too often, couples agree on the big picture, but forget about the details. When that happens, they often end up heading back to court, this time with lawyers, to get those details sorted out after the dissolution is entered.

Consider Amy and David, and their children Mary and Edward. Amy and David know they want to get divorced, and they know that David should be the day-to-day caregiver for the children once they have separated because he works from home. They agree generally that Amy should have access to the children when she’s not working.

With all this in mind, Amy and David complete the mutual consent process and get a divorce without a lawyer. However, when the holiday season rolls around and the children are on their first school break, both parties want the children to spend Christmas Day with them, and both parents find themselves needing to hire childcare providers while they are working.

1. They end up hiring attorneys and going back to court to ask the judge to decide how the holiday break should be divided, and who should pay for child care costs.
2. Even when all the details are worked out and you have an agreement on all issues in your divorce, putting together the settlement agreement, child custody agreement, and child support guidelines on your own can be difficult.

If you get it wrong, you may find yourself turned away from the courthouse to try again. Even if you want to get a divorce without a lawyer standing beside you in court, you may still want to hire an attorney to write the paperwork for you. That way you can be sure you will only have to have one hearing in front of the judge.

James and Nancy have known their relationship was over for a long time, but neither of them bothered to file for divorce. Instead, they have been handling child visitation and support informally, with James paying Nancy $500 per month to help with the kids’ expenses. Now Nancy’s new partner has proposed to her and she needs to dissolve her marriage to James before her new wedding day.

They decide to use the Mutual Consent Divorce process because it is faster, write up a settlement agreement documenting what they are already doing, and submit it to the court. On the day of the hearing, they both show up and ask the judge to enter the Dissolution of Marriage.

Do you have to go to court for a divorce in Maryland?

One of the most commonly asked questions we get at Jacobson Family Law is: Can I get divorced without going to court? Most people assume that you have to go to court if you want to get a divorce in Maryland but that is not entirely true. While you will need to attend a brief uncontested divorce hearing, you do not have to rely on the court to make decisions for you and your spouse.

Child custody Financial support including child support and alimony Property Division (bank accounts, vehicles, personal property, home, and retirement accounts)

Once you have agreed upon the terms of your separation agreement, you should have an attorney prepare separation agreement (also known as a Marital Settlement Agreement) before signing it to ensure that you understand your legal rights and obligation.

• Mediation Divorce mediation is a process where a trained mediator (often a family lawyer or therapist) helps you and your spouse work out your differences.
• Mediation allows you to craft an agreement that works best for you and your family.
• The goal of mediation is reach a resolution and have the terms your included in a written agreement.

Mediation is a less expensive and less stressful way to resolve your disputes. Mediation can take place either in person or online and may include attorneys, though they are not required. Collaborative Divorce Collaborative Divorce is a process that allows you and your spouse to resolve your differences with the support of a collaborative team.

The collaborative team includes collaboratively trained attorneys, mental health professionals, financial professional, etc. The Collaborative Team signs a participation agreement that requires a commitment to keep the matter out of court. This team approach focuses on helping the parties work together, both now and in the future.

Collaborative Divorce prioritizes the needs of children and maintaining respect during negotiations. Settlement Negotiations Through settlement negotiations, you and your spouse will rely on your respective attorneys to negotiate the terms of your separation agreement without the need for you and your spouse to communicate directly with one another.

1. This approach can be helpful when spouses are unable to effectively communicate with each other or if there is a power imbalance between the parties.
2. Do I Have to Go To Court? If you and your spouse are able to successfully reach an agreement that resolves all issues between you, you may immediately get an uncontested divorce based on the ground of mutual consent,

This ground for divorce does not require you and your spouse to be separated. Maryland requires you to attend a short, and possibly remote virtual, uncontested divorce hearing in order for your divorce to be finalized. Jacobson Family Law is committed to Keeping the Drama Out of your Divorce by avoiding lengthy, drawn out court proceedings.