Under Maryland divorce laws, marriages can be ended through either contested or uncontested divorces. Uncontested divorces require the least amount of conflict and legal wrangling by divorce lawyers, but they are not appropriate for all cases. When you meet with a lawyer in Owings Mills about your divorce case, he or she will help you understand your options and determine which type of divorce is right for you. Here is a look at the differences between these two types of cases.

Contested Divorce

Contested divorces occur when the parties cannot agree on at least one aspect of the divorce agreement, such as division of property, child custody and support, and alimony. For a contested divorce, one person must file a divorce petition with the courts, and the divorce papers must be served to the other party, who then must answer the petition. Typically, a contested divorce will make an accusation that the one party in the marriage committed an act that is considered grounds for divorce under Maryland law, such as adultery or desertion. In the response, the other party must file a defense against those charges and may make counter-charges against the filing party. Contested divorce agreements are determined by a judge after a lengthy period of negotiations between divorce lawyers and, if then necessary, testimony by both parties. The decree issued by the judge, which can take up 18 months or more to receive, is binding and can only be changed through further legal proceedings.

Uncontested Divorce

An uncontested divorce is possible when both parties can agree with all of the issues surrounding the divorce. Although uncontested divorces must still be filed with the court, only one party usually needs to appear before a judge, and typically the court simply ratifies whatever agreement is put in place through negotiations between the two parties. Although giving a reason for the divorce is often required, most couples in uncontested divorces find it easiest to use the grounds of being voluntarily separated for one year, since it doesn’t put blame on either party specifically. Because uncontested divorces require less back and forth in the courts, they can often be completed in about three months.

Child support is one of the many issues that will be negotiated by your divorce lawyers in Ownings Mills when you end your marriage, but the agreement only works when the responsible party pays. What happens if child support payments aren’t made after divorce? Watch this video to learn more.

Child support agreements can be enforced through a court hearing in which your child support attorney can demonstrate that the payments are missing and your ex-spouse has an opportunity to show why he or she is not making payments. Child support groups also exist in each state to enforce child support law. Consult with your divorce attorney before pursuing any action to determine the best strategy for enforcing your support agreement.

A child custody dispute can be stressful for everyone involved because it often causes extremely emotional issues to surface. Going into a dispute with a focus on what is best for the children and the assistance of a child custody attorney near Owings Mills will help you navigate the issues surrounding this complicated part of the divorce process. When you enter into a dispute over child custody, here is a look at what you can expect.

Negotiation

In some cases, parents can negotiate a child custody agreement with the help of their divorce lawyers. During this negotiation, you will figure out issues such as which of the types of child custody is appropriate for your case, where and when the children will spend time and who is able to make decisions about the children’s lives, such as their schooling and healthcare. If both parents are civil with each other, often these negotiations facilitated by child custody lawyers are easier than going to court. If negotiation doesn’t work, then your attorney will seek a court date for a judge to hear your dispute.

Case Preparation

To prepare for your court date, your lawyer will gather information from you to support your argument for the type of custody agreement you want. Courts make decisions based on what is best for the child, so you may need to demonstrate that you have a stable home that gives children easy access to their school, friends, and activities. Showing that you have been the primary caregiver in the past or that your spouse is unable to provide the children with the care they need because of his or her work schedule or personal life is also helpful. Your attorney will carefully gather evidence to support your custody request.

Court Testimony

Your lawyer will present all of the information necessary to support your case to the court. You may also be called on to answer questions and to fight back against allegations made against you by your ex. Depending on the age of your children, the judge may also consider their preferences. Typically, judges seek this information in a private meeting away from each parent to put the child at ease.

Since 1981, families throughout Owings Mills in need of divorce law guidance have turned to the Law Office of Kent L. Greenberg, P.A. Throughout his decades of experience handling divorce cases in and out of court, Mr. Greenberg has developed a reputation for personalized client care and exceptional attention to detail. Along with Matthew J. Rudo, who focuses on mediation and family law, Mr. Greenberg is committed to going to bat for his clients to help them obtain a favorable outcome for their case.

Our family court attorneys understand that every case involves unique challenges and requires a client-centered approach. We listen closely to our clients’ concerns and preferences, and develop effective strategies based on these issues and our in-depth understanding of divorce law in Maryland. In addition to family law, our practice provides exceptional legal representation for clients experiencing a number of other difficulties as well, including for those with personal injury cases and for those who have been accused of criminal offenses.