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Family Law FAQ
Our Rockville and Frederick Attorneys Answer Your Questions
What You Need to Know
- Do I need a lawyer to get divorced? Although hiring an attorney is not required to obtain a divorce, it would be unwise to forego this step. A divorce attorney will help you understand your rights, explain the law, and provide invaluable advice. A lot is at stake in a divorce and an attorney can help you protect your interests.
- How long do I have to be a resident of Maryland to file for a divorce? In Maryland, you must be a resident for at least a six months to file for divorce.
- What are the grounds for an absolute divorce?
- There are several grounds for an absolute divorce in Maryland, including mutual agreement, one year of no cohabitation, adultery, desertion for 12 consecutive months, excessive vicious conduct towards the spouse or the minor child of the spouse, cruelty of treatment, and insanity that results in 3 years of confinement in an institution.
- How long will it take to get a divorce? The length of your divorce will depend entirely on the details of your case, such as your grounds for divorce, where you live, where you file the suit, and the disputed issues in your case, such as child custody and property division.
- What is the difference between joint physical custody and joint legal custody? Joint legal custody occurs when both parents have an equal right to make decisions regarding the child’s upbringing, such as education, religious preferences, health, and other important aspects of the child’s life. Joint physical custody occurs when both parties have shared access to the child.
- What will happen to the property my spouse and I own? Maryland is an equitable distribution state, which means marital property is divided fairly and not necessarily equally. If you have an inheritance, received gifts from a third party, or purchased something before your marriage, none of these items will be subject to division since they are considered separate property.
- What factors are considered when determining alimony? When determining alimony, a judge will review numerous factors. Some of the factors considered in such cases include the length of the marriage, the financial resources and needs of each spouse, the standard of living enjoyed during the marriage, contributions each spouse made for the family, and the mental and physical condition of each party.
- Are there alternatives to divorce litigation? Yes, there are many alternatives to litigation, such as mediation and collaborative divorce. These methods are often less adversarial, more cost-effective, and require less time. Moreover, if you have children, these options can help you and your former spouse learn to compromise and work together.
Contact Our Knowledgeable Family Law Team Today!
Why Choose Us
- Dorothy R. Fait & Marjorie G. DiLima are Published Authors of Divorce In Maryland: The Legal Process, Your Rights, and What to Expect (2017)
- Evening & Weekend Appointments By Request
- Skilled Protective Order Representation
- A Personalized & Targeted Approach
- 100 Years of Combined Legal Experience
- Esteemed Awards & Recognitions
- Top Litigators & Negotiators
Responsive & Accessible
When divorce and other family law issues must be resolved, there are no substitutes for an attorney’s experience and dedication to client satisfaction. The Frederick and Rockville divorce lawyers of Fait & DiLima, LLP have more than 100 years of combined experience and an unmatched commitment to help individuals and families navigate challenging times.
Contact the Rockville and Frederick family law attorneys of Fait & DiLima, LLP today to schedule a consultation and discuss your legal needs. Fill out the contact form or give us a call. We have offices in Rockville and Frederick; both are conveniently located near the courthouses.
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