Divorce

Although some marriages can be ended amicably and swiftly between the parties, other divorce cases take months, or even years, to resolve. During the time a divorce case is pending in court, a lower-earning spouse might be at a financial disadvantage, or a parent may need a formal custody arrangement in writing for the stability of children. In such instances, temporary orders can be established to address these time-sensitive issues while you continue to work towards settlement.

Key Takeaways

• Temporary orders, sometimes known as pendente lite orders, are court orders issued before a final judgment is rendered. These orders help to maintain financial status quo, address immediate family needs, and ensure stability for children.
• Temporary orders in Maryland divorce can address critical issues such as temporary spousal support, pendente lite child support, child custody, use and possession of a family home, and domestic violence.
• Once a temporary order has been established, it is binding upon both parties until permanent orders are entered.

What is a Temporary Order in Divorce?

Sometimes referred to as a pendente lite order, a temporary order in a Maryland divorce is a court order that is issued before a final decree is entered. These temporary orders are meant to maintain status quo and address the immediate needs of a party while the case is ongoing. When the divorce case has been finalized, and temporary orders are replaced by those in the final judgment.

Types of Temporary Orders in Maryland Divorce

There are several types of temporary orders that can be useful to families in a Maryland divorce. For instance, parties may need to address financial support or child custody and access. There may be questions concerning the use of shared vehicles or which spouse gets to remain in the house. Temporary orders can address these issues and many others.

Some common temporary orders in Maryland divorce include the following:

• Temporary child support: Often referred to as pendente lite child support, temporary child support provides immediate financial assistance for children while a divorce case is pending. Temporary child support will ensure that a child’s basic needs are met before the final decree is issued. As with permanent child support, temporary child support is based upon parental income, the number of children, and overnight access.
• Use and possession: A temporary use and possession order grants one spouse the exclusive rights to live in a family home and use assets (such as vehicles) during divorce proceedings. Temporary use and possession orders are typically put in place to ensure stability for children and are generally used when parents are unable to continue to live together while litigation is pending.
• Pendente lite alimony: Pendente lite alimony, also referred to as temporary spousal support, can be ordered to maintain financial status quo for an economically dependent spouse. It helps ensure that a spouse that earns less is able to pay bills and cover essential expenses when a divorce is pending.
• Temporary child custody: A parent can file to establish temporary or pendente lite child custody when a divorce case is first filed. Temporary custody orders can address legal and physical care for a child, and define parenting time while divorce proceedings are ongoing. If parents cannot reach agreement on temporary custody, the Court will render a decision based on the “best interests of the child.”

Other temporary orders may address debt management and financial restraints. A court may also specifically order a higher-earning spouse to pay “suit money” to the lower-earning spouse so he or she can afford to hire or compensate an attorney.

Temporary protective orders can also be issued in cases where domestic violence has occurred to provide immediate relief during the initial stages of a divorce. Importantly, you do not have to wait until your divorce case has concluded to obtain a protective order. After a temporary order has been obtained and served on the respondent, the court will schedule a final protective order hearing within seven days. Both parties will be given the opportunity to present evidence and testimony. If a judge determines a permanent protective order is necessary, it may remain in effect for up to two years in certain situations.

How Do You Obtain a Temporary Order?

Temporary protective orders under the domestic violence statute should not be confused with an automatic restraining orders that prevent a spouse from disposing of financial assets. To obtain any temporary order in Maryland, you must file paperwork with the court to request the specific relief you seek. A request for temporary relief can be filed when you first file for divorce or while the case is ongoing. Your spouse must be served a copy of the motion you filed to request temporary relief to ensure that he or she is informed of your request. The court will then schedule a hearing on your request where a judge will evaluate the testimony and all relevant evidence to render a determination.

Once a temporary order has gone into effect, it is binding on both parties. If either party violates the temporary order, then he or she can be held in contempt of court and face various penalties. A judge may also order a person that violates a court order to pay attorney fees incurred by the person that seeks to enforce the court’s order.

Contact an Experienced Maryland Divorce Attorney

If you are facing divorce, it’s important to understand the types of temporary orders that may be available to you. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce and family law attorneys are dedicated to providing reliable representation for divorce and a wide range of family law matters. We will work diligently to ensure the necessary orders are in place as court proceedings are ongoing. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (240) 652-2596 or contact us online.

In the past few years, there have been several changes to divorce law in Maryland that impact proceedings in 2026. These recent reforms are meant to streamline the legal framework of divorce and make the process more accessible, efficient, and less contentious. Specifically, these updates include a full shift to a no-fault divorce system, a reduction in the required separation period, new rules concerning a spouse’s assumable mortgage rights, and substantial changes to the standards used to determine child custody matters.

Recent updates impacting divorce law in Maryland in 2026 include the following:

1. Elimination of Fault-Based Grounds

In recent years, Maryland removed the fault-based grounds for divorce, shifting the state entirely toward a no-fault system based on irreconcilable differences, mutual consent, or a six-month separation. While these changes went into effect in October 2023, they continue to transform how couples approach divorce by eliminating the need to prove a spouse’s wrongdoing. The legislation also reduces the complexity often associated with divorce and can help reduce conflict.

In addition to simplifying divorce procedures, this new divorce law in Maryland can help promote privacy in divorce and allow families to avoid airing sensitive matters in an open courtroom on the record. Notably, in certain instances, spousal misconduct such as adultery can still play a role in determining alimony or property division, particularly in cases where it leads to dissipation of marital assets.

2. Separation Requirements Shortened

Prior to the 2023 change to Maryland divorce law, a 12-month separation was required to obtain a divorce based on separation. Recently, the law has changed this requirement to 6 months. Couples are no longer required to live separately in separate homes to fulfill the separation requirement. Now, couples can still reside under the same roof so long as they live independent lives while they wait for the six-month separation to occur.

The shortened separation requirement helps to remove some of the financial barriers a spouse with limited means might otherwise face in leaving an unhappy marriage. It also lessens the emotional strain spouses might feel by drawing out their divorce for an entire year before they are eligible to file. The new separation law and flexibility with respect to living arrangements can allow for more strategic and economically efficient separation planning.

3. Assumable Mortgage Rights

As of October 2025, the laws have changed, and it is now easier for spouses to transfer mortgage liability on most conventional loans. The new assumption rules allow a spouse remaining in the home to avoid refinancing if he or she financially qualifies. Assumption also helps to reduce the need for a forced sale due to the inability to qualify for a new mortgage and buy-out at a potentially much higher interest rate. Mortgage companies will still determine whether a spouse assuming the mortgage meets the necessary financial criteria to qualify for the mortgage on his or her own. This law can help preserve financial stability for the spouse keeping the home and help enhance fairness regarding property division.

4. Dissipation of Assets Heavily Scrutinized

Although adultery has been removed as a fault-based ground for divorce in Maryland, incurring lavish dating expenses during separation will be heavily scrutinized by courts based upon the precedent set in a key 2025 appellate case. In Sims v. Sims, the court clarified the rules regarding dissipation of marital assets. The court held that once a spouse shows significant spending on a paramour during separation, the burden shifts to the spending spouse to demonstrate that his or her expenses were legitimate. The case also specified and confirmed that assets acquired during the period of separation are still considered marital property.

5. Change in Child Custody Standards

Effective October 1, 2025, Maryland’s child custody laws codified 16 specific factors for determining the “best interests of the child” in custody cases. By outlining the factors for a judge to consider, this update reduces reliance on ambiguous case law and helps promote a standardized, uniform, and child-centric approach.

The new factors include:

• The stability and foreseeable health and welfare of the child;
• Frequent, regular, and continuing contact with parents who can act in the child’s best interests;
• Whether and how parents who do not live together will share the rights and responsibilities of raising a child;
• The child’s relationship with each parent, any siblings, and other relatives, and individuals important in the child’s life;
• The child’s physical and emotional security and protection from exposure to conflict and violence;
• The child’s developmental needs;
• The child’s day-to-day needs;
• How to place the child’s needs above the parents’ needs, protect the child from parental conflict, and maintain the child’s relationship with parents and others likely to have a significant relationship with the child;
• The child’s age;
• The military deployment of a parent and its effect on the parent-child relationship;
• Any prior court orders or agreements;
• Each parent’s role and tasks related to the child;
• The location of each parent’s home and how it relates to the coordination of parenting time, school, and activities;
• The parents’ relationship with each other.
• The child’s preference; and
• Any other relevant factors the court considers appropriate.

The law also applies to modifications of existing custody orders and further strengthens the legal protections against abuse and neglect of children.

Contact an Experienced Maryland Divorce Attorney

If you have questions about the changes to divorce law in Maryland and how these changes might impact your case, it’s important to consult with a knowledgeable divorce attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys provide reliable representation for divorce and a wide variety of family law matters. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Effective October 1, 2023, Maryland streamlined its divorce process by eliminating fault-based grounds for divorce. Instead, those filing for divorce now have three no-fault options to choose from. The aim of this legislative reform was to simplify and expedite divorce proceedings. It also helped make divorce more accessible and less adversarial. If you are considering parting ways with your spouse, it’s essential to understand the available grounds for divorce in Maryland and which are applicable in your case.

Key Takeaways

• As of October 1, 2023, Maryland eliminated fault-based grounds for divorce, shifting to a no-fault-based system.
• No-fault grounds for divorce include: six-month separation, irreconcilable differences, and mutual consent.
• In some cases, fault can still play a role in influencing the outcome of property division, alimony, and child custody.

What are the No-Fault Grounds for Divorce in Maryland?

Before Maryland’s divorce laws were reformed to only allow for no-fault divorce, spouses could claim the grounds of adultery, desertion, criminal conviction, or physical/mental cruelty. Those grounds are now eliminated and replaced by three no-fault grounds. This means that spouses filing for divorce no longer have to incur the expense of proving an affair or establishing other spousal misconduct.

Under the no-fault rules, the grounds for divorce in Maryland include:

• Six-month separation: The previous 12-month separation requirement for divorce is reduced to six months. Couples can now file for divorce after living separately for six months, even if they are still residing in the same home or on the same roof. However, they must maintain separate lives as demonstrated by separate finances, private bedrooms, etc.
• Irreconcilable differences: Irreconcilable differences are the primary ground for no-fault divorce in Maryland. Either spouse can claim that fundamental issues have resulted in the breakdown of the marriage and that it is beyond repair. No waiting period is required to file for divorce under this ground, and the filing spouse does not need to prove any marital fault.
• Mutual consent: The third ground for divorce in Maryland is mutual consent. To end a marriage on this ground, both spouses must sign a comprehensive settlement agreement that addresses alimony, property division, and child custody/support. This option allows for immediate divorce without a waiting period, provided neither spouse changed their mind between the time the settlement was signed and the date of the hearing.

By offering a more streamlined framework to part ways, the three no-fault divorce options can help reduce the conflict that comes with divorce and the costs associated with it.

Is Fault Still Relevant in Maryland Divorce?

Although the fault-based grounds for divorce in Maryland were replaced with three no-fault grounds, this does not necessarily mean fault no longer has a place in a divorce action. In some cases, fault or the reason for the breakdown of the marriage can still play a role in determining alimony, child custody, and property division. For instance, if a spouse wasted marital assets on carrying out an extramarital affair, adultery may be a factor in the court’s alimony or property division decision. Similarly, a spouse’s drug addiction, abuse, or cruelty may impact child custody matters if the child was exposed to these behaviors.

Pairing Mediation or the Collaborative Process with No-Fault Divorce

No-fault divorce is not the same as an uncontested divorce. With a no-fault divorce, there may still be issues that need to be resolved before a final judgment can be rendered. Mediation and the collaborative process are two forms of alternative dispute resolution that can help spouses settle the issues of property division, alimony, child custody, and support out of court.

With mediation, a neutral third party, called a mediator, helps facilitate communication and guides the spouses toward a resolution. While sometimes mediators are judges or lawyers, a mediator does not make decisions as a judge would or provide legal advice as an attorney. Rather, mediators can help spouses find common ground and identify creative solutions that might not be available in the courtroom. Mediation helps spouses focus on the future, instead of their conflict with each other.

The collaborative process uses a team of professionals who are assembled based on the specific issues in a case. These professionals help the spouses make informed decisions as a settlement is negotiated. A collaborative team may include mental health professionals, financial neutrals, and child custody experts, along with each spouse’s attorney. The process gives each spouse the opportunity to share their concerns and brainstorm options in order to reach a mutually acceptable, customized resolution.

Contact an Experienced Maryland Divorce Attorney

If you would like to learn more about the three no-fault grounds for divorce in Maryland and which may apply in your situation, it’s best to consult with an experienced divorce attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys will work closely with you to ensure that you are informed of your options. Our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Key Takeaways

• Negotiation can offer a cost-effective, efficient, and less contentious way to divorce.
• The negotiation process typically involves a series of offers and counter-offers until an agreement is reached.
• Once the divorce settlement agreement has been reached, it is submitted to the court to become a binding order that must be followed by both parties.

Negotiating a divorce is a way to resolve issues that need to be determined without resorting to litigation. Whether you use a mediator or your attorney engages in negotiations directly with your spouse’s attorney, settling your divorce through negotiation can allow you to control the outcome of your case and sometimes avoid the court process entirely. Importantly, by working with your partner to negotiate a divorce settlement, you can reduce conflict, part ways more amicably, and lay the groundwork for a more positive future co-parenting relationship.

Here are the basic steps involved in negotiating a divorce settlement:

Preparing for Divorce Settlement Negotiations

The first step involved in the divorce settlement process is to exchange information that you and your spouse may need to understand each other’s assets and financial circumstances. This can include bank and credit card statements, paystubs, tax returns, property deeds, and any other documents that reflect the assets owned and debts incurred. This background information can help you and your attorney get a complete financial picture so they can best advise you regarding your rights and ensure a fair settlement is reached.

Defining Your Goals

Before you negotiate a divorce settlement, it’s crucial to define your goals and articulate your priorities in advance. We often recommend that clients think ahead to what they want their future to look like and consider what they need to feel secure. It can be helpful to decide where you’re willing to compromise and what is non-negotiable in advance, and remain flexible. Your attorney can assist you with developing a strategy to help ensure your needs are prioritized in crafting a creative settlement.

Initial Proposal

In an initial divorce settlement proposal, one spouse will make an offer to the other regarding terms for the divorce. The issues that must be covered include property division, debt allocation, child custody and support, as well as alimony. It is not uncommon for the first proposal to be more aggressive than what might otherwise be a reasonable final settlement. This is a negotiation tactic to gauge the other spouse’s resolve and to leave room to negotiate alternate terms. A spouse is not obligated to accept the proposed terms, and in those circumstances, a counteroffer is anticipated.

Counter Proposal

The counter proposal is both a response and a rejection to the initial divorce settlement offer. If you are the spouse making the counteroffer, your attorney can help you strategize an effective response. Although you should aim high to achieve your desired results, you will also have to remain realistic and nimble. Your attorney can help you remain objective while strategically advancing your goals.

Reaching a Compromise

It is not uncommon when you negotiate a divorce settlement for there to be a few rounds of competing proposals, in addition to some amount of back and forth. At times, depending upon the complexity of your case and the information that is readily available, the process can take weeks or even months. Your attorney will communicate with you during this time to explain your options, obtain your input, and inform you of the offers made. Your attorney will then negotiate with your spouse’s attorney based upon the instructions you have authorized. Notably, your attorney must obtain your consent before making critical decisions. Your attorney cannot force you to settle on terms you disagree with and must be clear on your intent. If your attorney is unable to assist you in reaching a compromise with your spouse, your case will need to be decided by a judge.

Drafting a Settlement Agreement

Once you and your spouse have reached an agreement regarding the terms of your divorce, a written settlement agreement must be drafted. This document will incorporate and reference the issues that have been determined with specific details to avoid the potential for future disputes over ambiguities. You will review the settlement with your attorney to ensure you understand it and that the terms are acceptable to you. Both spouses must sign and date the document.

Submitting the Settlement Agreement to the Court

After the divorce settlement agreement has been drafted and signed, it must be submitted to the court. A judge will review the document to ensure it is fair and protects the best interests of any children of the marriage. Once the judge approves the settlement, it will be incorporated, but not merged, into the final divorce judgment and become a binding order that must be followed by both spouses. If either spouse fails to adhere to the terms, the other spouse can bring a motion to compel compliance or ask the Court to hold the spouse in contempt of court.

Contact an Experienced Maryland Divorce Attorney

Settling your divorce through negotiation can allow you to legally end your marriage more cost-effectively and efficiently than litigation. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys work closely with you to help ensure that you understand your legal options and the best strategies to employ to achieve your desired outcomes as part of the divorce process.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

After a divorce or separation, you may be wondering how you will share parenting responsibilities with your former spouse or partner. Co-parenting and parallel parenting are two distinct shared parenting methods that can allow you and your ex to both have meaningful time with your children and ensure their best interests are met. It’s essential to understand the difference between co-parenting and parallel parenting to determine which approach will work for your situation.

Key Takeaways

• Co-parenting is a structured parenting approach in which both parents work together to raise their children after divorce or separation.
• Parallel parenting involves minimal communication and interaction between parents, and is best for high-conflict situations.
• You can start with parallel parenting and switch to co-parenting once your relationship with your ex stabilizes.
• A mediator or coach can be instrumental in helping you overcome challenges to ensure a successful co-parenting relationship.

What is Co-Parenting?

Co-parenting is a form of shared parenting in which you and your ex work together. Although you are no longer a couple, with a co-parenting arrangement, you are still a unit for the purpose of raising your children. This structure of parenting involves teamwork, respectful dialogue, cooperation, and shared responsibility. While co-parenting involves frequent communication, the ability to compromise, and some level of amicability, this approach may not work if your situation is high-conflict or if you and your ex are contentious.

In the event parents no longer live in the same household, cooperative co-parenting is the next best arrangement for raising children, whenever possible. It offers a stable and supportive environment for children, which can help boost their self-esteem and have a positive impact on their mental health. When children see their parents overcoming conflict and working together, it can provide a positive example and help them develop a strong sense of emotional security.

What is Parallel Parenting?

In contrast with co-parenting, parallel parenting involves little communication and minimal interaction between parents. Rather, you and your ex would raise your children in your own way, in your separate households. You would attend your children’s events separately and set your own rules in the home, without consulting with your ex. Communication in this structure is limited only to the logistics of the custody arrangement. Parents can still make shared decisions regarding healthcare, education, and other important matters, but these issues can either be predetermined in a parenting agreement or discussed through a parenting app.

It’s important not to resort to parallel parenting simply because it may be the easier option to avoid conflict. Co-parenting can still work if there is some discord between you and your ex, but it may require more effort. The parallel parenting approach is best reserved for situations where there has been domestic abuse or attempts at collaboration have continuously failed. Significantly, if you started with a parallel parenting relationship, you can always transition to co-parenting over time as your relationship with your ex stabilizes.

How to Determine Which Parenting Approach Best Fits Your Needs

Shared parenting isn’t a one-size-fits-all approach. There are many factors to consider when deciding which structure will work best for your family, including your own mental health and the best interests of your children. While you don’t need to be best friends with your ex in order to have a successful co-parenting relationship, you need to be realistic about your ability to communicate with them. A parallel parenting approach might better fit your needs if there is the potential for continued conflict that is detrimental to you and your children.

Some questions you should consider when determining whether co-parenting vs. parallel parenting is right for your situation include the following:

• Can you and your ex be civil to discuss parenting issues?
• Do your parenting styles align to ensure the children have consistency?
• How much do you want to communicate with your ex?
• How important is it to you to work together with your ex to parent?
• Can you and your ex attend school meetings and events together without conflict?
• Are either of you unwilling to respect the other’s boundaries?
• Which approach is more likely to keep conflict to a minimum for the benefit of your children?

Regardless of whether you choose the co-parenting vs. parallel parenting approach, it’s critical that you have the support you need to be successful. A coach or mediator can help you and your ex overcome challenges with communication, work with you to develop an effective parenting plan, and proactively address issues that can lead to disputes. They can also provide a safe environment to process your emotions, identify your boundaries, and help ensure your focus remains on your children while co-parenting, rather than the conflict with your ex.

Contact an Experienced Maryland Family Law Attorney

If you are wondering whether a co-parenting vs. parallel parenting approach is right for you, a knowledgeable family law attorney can best advise you. At the Law Office of Shelly M. Ingram, our Fulton, Maryland family law attorneys provide compassionate counsel and trusted representation for divorce and a variety of family law matters. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (240) 652-2596">(240) 652-2596 or contact us online.

After you divorce or separate from your ex, you may be wondering how to introduce your kids to a new partner. Children often feel a wide range of complex emotions when their parents start dating new people, and it’s crucial to ensure you handle the initial introduction with care. By putting the best interests of your child first, you can help ensure a positive introduction as everyone navigates this new dynamic.

Here are some tips on how to introduce kids to a new partner:

Review Your Custody Agreement

When considering how to introduce your kids to a new partner, you should first review your custody agreement. Sometimes, parents choose to include clauses that specify the rules and timelines for introducing new partners. These types of clauses may also require notice to the other parent, prohibit overnight stays with the new partner, and set parameters for appropriate behavior in front of the children. By establishing these guidelines from the outset, you can help reduce conflict with your co-parent and provide clarity for how the meeting should be handled. You can also ensure you prioritize the best interests of your children.

Always Put Your Children First

First and foremost, always put your children first. It’s normal for children to feel a wide range of emotions when a parent starts dating someone new. You should never risk your relationship with your children for a new partner. Keep your children’s routines the same. Spend quality time with your child without your new partner to continue the same bond you’ve always had with them. When your child knows they come first, they will feel emotionally secure and be able to handle the changes more easily.

Discuss the Introduction with Your Co-Parent

Regardless of whether your custody agreement requires it, you should discuss the issue of how to introduce your kids to a new partner with your co-parent. Having this conversation can promote a healthy co-parenting relationship, prevent misunderstandings, and ensure the process goes smoothly. If your co-parent finds out about the meeting from one of your children, they may feel hurt or betrayed. Being blindsided may lead to a co-parent filing for a custody modification.

Wait Until You Are Certain You Are in a Committed Relationship

Introducing your children to a new partner too soon can lead to significant emotional stress for them. Depending on their age, they might be confused, angry, jealous, or fear that they may be replaced. On the other hand, if your relationship suddenly ends and your children have developed a strong bond with your new partner, they may face grief, sadness, anxiety, and other emotional challenges. As a general rule, it’s best to wait for the introduction until your relationship is stable and has lasted a significant amount of time. Most experts recommend waiting six to twelve months before arranging the first meeting with your children.

Talk with Your Children Before the Introduction

Know when your children are ready to meet your new partner. Don’t force the introduction. Depending upon when your divorce took place, they may still be healing. Talk with your children in an age-appropriate manner before introducing them to your new partner. Give them space to ask questions and share their feelings.

Reassure Your Children

When a new partner comes into the picture, your children may become anxious and be afraid they will lose your affection. Reassure your children that no matter what, you and your co-parent will always love them and nothing will change that. Emphasize that your new partner is not a replacement, but an addition to your lives. Let them know that any emotions they have are valid, and they can always talk with you about their feelings.

Choose a Neutral Location

When thinking about how to introduce your kids to a new partner, it’s important to choose a neutral location where everyone can be relaxed. Start with a short and casual meeting, such as at an ice cream parlor or park. For subsequent meetings, you might plan activities that your child enjoys. If your child is older, ask them where they’d like the introduction to take place. It’s best to wait until your child is comfortable with your new partner before bringing them into your home.

Consider Family Counseling

Knowing how to introduce kids to a new partner can be difficult. You may consider discussing these matters with a counselor who can help you time the introduction correctly and ensure your children’s best interests are prioritized. In addition to providing a foundation for a successful introduction, a counselor can also provide support if your children have had strong emotional reactions to your new partner. Family counseling may be a good idea to help your children manage any feelings of anxiety or insecurity they might have.

Contact an Experienced Maryland Family Law Attorney

If you are facing a child custody matter, it’s essential to have a skillful family law attorney by your side who can best advise you regarding your specific situation. At the Law Office of Shelly M. Ingram, our Fulton, Maryland family law attorneys provide trusted legal services for divorce and a wide range of family law issues. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation and learn how we can help, call us at (240) 652-2596">(240) 652-2596 or contact us online.

If you’re considering parting ways with your spouse, you may be wondering what the difference is between an uncontested and a contested divorce. While the result is ultimately the same in that a judge will issue a decree that legally terminates your marriage, the type of divorce you choose will determine how your case moves forward. With an uncontested divorce, spouses reach an agreement on issues that need to be decided between themselves — in a contested matter, a judge determines the outcome for any issues that cannot be agreed upon by the spouses.

What is an Uncontested Divorce?

An uncontested divorce is one in which spouses agree on all the issues that need to be determined to legally end their marriage. Even if a divorce begins as a contested matter, it can be completed as an uncontested case if spouses reach a settlement after the initial paperwork has been filed. Mediation and the collaborative process are two forms of alternative dispute resolution that can allow you and your spouse to resolve the issues of property division, alimony, child custody, and child support outside the courtroom. In the event any issues cannot be resolved without judicial intervention, the case will be considered a contested matter — and proceed through the litigation process.

Mutual Consent Divorce

Couples who agree on all the issues that need to be determined before filing their divorce complaint can proceed with a “mutual consent divorce” in Maryland. This streamlined process is a type of uncontested divorce that is cost-effective and efficient — it can also allow you to divorce more amicably. In addition, there are no fault grounds that need to be established or waiting periods. However, there are specific requirements in order to qualify for this form of uncontested divorce, including the following:

• You must include a signed, written settlement agreement with your divorce filing.
• The agreement covers the issues of property division, alimony, and if applicable, child custody and support.
• You must show the court that neither spouse changed their mind between the time the settlement agreement was signed and the date the divorce hearing is scheduled.

After the mutual consent hearing in court, a judge will issue the Judgment of Absolute Divorce. The terms of the settlement agreement you entered into with your spouse cannot be altered once it has been entered, except where there has been a “material change in circumstances” concerning child custody or support. It’s essential to consult with a divorce attorney before signing a settlement agreement or proceeding with a mutual consent divorce to ensure your legal rights and financial interests are protected.

What Does a Contested Divorce Mean?

A contested divorce is one in which the spouses do not agree on one or more of the major issues that need to be determined in order for a judge to sign the final judgment. Since it can involve a considerable amount of discovery, the process for a contested divorce is typically much longer and more costly than that for an uncontested matter. If the issues can’t be resolved through negotiation attempts during the litigation process, a trial will be held. At trial, a judge would decide any disputed issues based on the evidence presented and the testimony of the parties.

Notably, alternative dispute resolution is still available in contested divorce cases — and these methods can often help spouses transition from a contested matter to an uncontested divorce. In fact, judges encourage the parties to settle the issues in their case between themselves.

Is an Uncontested vs. Contested Divorce Better for My Situation?

Whether an uncontested vs. contested divorce is better for your situation will depend on the specific facts of your case. Under the right circumstances, there can be many advantages to proceeding with an uncontested divorce. Importantly, it allows you and your spouse to remain in control of the outcome of your case, rather than letting a judge decide. Moving forward with the uncontested process can also reduce the costs associated with litigating your divorce, save you time, and minimize the stress that can often come with a lengthy courtroom battle. It can be better for your children as well — by working together with your spouse to part ways amicably, you can demonstrate positive role modeling, conserve financial resources, and minimize disruptions to your children’s routines.

Although it can offer a number of advantages, uncontested divorce isn’t right for every case. If your spouse isn’t willing to cooperate, refuses to settle, or there is a power imbalance, a contested divorce may be your only option. Filing for a contested divorce can ensure you have the legal protections you need if you suspect your spouse is concealing assets or if domestic violence has been an issue in the marriage.

Contact an Experienced Divorce and Family Law Attorney

If you’d like to learn more about uncontested vs. contested divorce — and which type of divorce is best for your situation — a knowledgeable divorce and family law attorney can help. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys work closely with our clients and help ensure they understand their options. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Divorce can bring many economic challenges — and you may be wondering whether filing for bankruptcy can offer you the fresh financial start you need. Although you can file for divorce and bankruptcy at the same time, doing so may not have the impact you intend. Significantly, not all debts can be discharged in bankruptcy, including those ordered to be paid in connection with the divorce proceedings.

Can You File for Divorce and Bankruptcy at the Same Time?

If you or your spouse incurred substantial debt during the course of your marriage, you might be considering whether filing for divorce and bankruptcy at the same time is a good idea. It’s not uncommon for spouses to incur a variety of debts during their marriage, including credit card debt, personal lines of credit, car loans, and mortgage payments.

Just as marital property must be equitably divided between spouses in divorce, marital debts must also be allocated and discussed as part of the dissolution of a marriage. The courts will address debts that are directly traceable to the acquisition of marital property. For instance, a judge may order that a spouse take full responsibility for an auto loan if he or she is getting the car or make mortgage payments on a former marital home in the divorce decree.

The Impact of the Bankruptcy Automatic Stay on Divorce

If you are considering filing for divorce and bankruptcy, it’s best to proceed with either the divorce or bankruptcy action first. This can help avoid the legal complications that can arise if both cases were brought at the same time. When a bankruptcy case has been commenced, it’s essential to understand that an automatic stay goes into effect.

Once you are in bankruptcy, the Court is precluded from making legal determinations about property that is subject to the bankruptcy proceedings. While the divorce case can proceed with resolving issues such as child custody, child support, and spousal support, marital assets cannot be divided until the bankruptcy case has concluded. Bankruptcy could potentially delay the divorce proceedings.

Filing for Joint Bankruptcy vs. Individual Bankruptcy

If you and your spouse have a large amount of marital debt, a joint bankruptcy filing can potentially wipe out all dischargeable marital debts that are owed by both of you — as well as your individual debts. However, it’s vital to be aware that a Chapter 7 bankruptcy can remain on your credit report for up to ten years, whether you file jointly or individually.

A Maryland family law judge will not reassign separate debts from one spouse to the other in divorce. Ultimately, a joint bankruptcy filing may not be the best way to proceed if there are few marital debts to be divided in divorce, and your spouse has many individual debts. It also may not be a viable option if you and your spouse are contentious and would not be able to cooperate during the bankruptcy proceedings.

Filing for Chapter 13 Bankruptcy and Divorce at the Same Time

If you do not qualify for Chapter 7 bankruptcy, you may have the option to file for Chapter 13. This type of bankruptcy filing allows you to reorganize your debt. However, there is a long repayment period of three to five years. This means that if you file jointly with your spouse before divorce, you would be involved in the legal process with them for a lengthy amount of time — and you would also be required to communicate with them. If you would rather settle your property division matters and move on to the next chapter of your life, this may not be the best course of action for you.

Can Divorce Debts Be Wiped Out in Bankruptcy?

Not all debts can be erased by filing for divorce and bankruptcy at the same time. Domestic support obligations ordered in divorce, such as alimony and child support, are considered priority debts. This means they cannot be wiped out in bankruptcy — and these obligations must continue to be paid once the automatic stay goes into effect.

In addition, if your spouse files for bankruptcy after the divorce has been finalized and the divorce decree assigns a debt to them, the creditor can still pursue the debt against you if your name remains on the account. It’s crucial to carefully review the divorce judgment to determine what is considered a domestic support obligation or a property settlement, to know what would be discharged if you or your spouse decides to file for bankruptcy following divorce. A knowledgeable divorce attorney can help you take proactive measures to safeguard your financial interests post-divorce.

Contact an Experienced Maryland Divorce Attorney

If you are wondering how filing for divorce and bankruptcy at the same time would impact your matrimonial matter, it’s best to consult with an experienced divorce attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys assist clients facing divorce with property division and debt allocation. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. We will work closely with you to find a strategy that will help you achieve the best possible outcome in your case.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Divorce is a major life event that can come with many emotional challenges. While the idea of dating after divorce might seem exciting, it’s not something that should be taken lightly. Even if your divorce decree has already been issued, you might still have a lot of inner work to do before you are ready to enter into a new romantic relationship. While there’s no one-size-fits-all timeline for healing, it’s crucial to be honest with yourself and know whether you are really ready for dating — or you need to take more time to process your emotions.

Know if You Are Ready for Dating After Divorce

Before you start dating after divorce, it’s vital to evaluate your emotional stability and well-being. Getting involved in a new relationship before you are ready can prevent you from healing properly and cause heartbreak for your new partner. Rushing into dating can also leave unresolved emotions and potentially lead to unhealthy behaviors in your new relationship.

Rather than focus on a set timeline for finding a new relationship, concentrate on your emotional readiness. Here are some signs you might be ready to date after a divorce:

• You have grieved the loss of your marriage — Ending a marriage is a deeply painful experience. Grief is a normal part of the healing process, and you shouldn’t suppress or ignore your feelings. Allow yourself time to grieve and acknowledge the pain while finding healthy ways to cope.
• You have processed your emotions — Divorce comes with a wide range of emotions, including pain, anger, guilt, and sadness. Ensure you’ve taken the time to process your emotions.
• You have accepted that your marriage has ended — Once you have taken the time to grieve and have processed your emotions, you will eventually need to accept that your marriage is over. Acknowledge the end of that chapter and embrace the next one in your life as you move forward.
• You are emotionally stable — One of the biggest indicators that you are ready to date after divorce is emotional stability. Before you look for a new partner, you should have a strong sense of self-esteem and be able to manage your emotions in an independent and healthy manner.
• You are comfortable being alone — It’s vital to assess whether you enjoy your own company or if you are looking for a partner to fill a void.

Dating after divorce can also have emotional implications for your children that should be taken into consideration. If they are having difficulty adjusting to their new family structure, introducing a new significant other to them too soon may affect their sense of stability and cause them distress.

How to Emotionally Heal and Move Forward Post-Divorce

The post-divorce healing process is different for everyone — and it’s important to take it day-by-day. Prioritize self-care, eating healthy, exercising, and focusing on your personal goals as you heal. Don’t feel pressured to jump back into dating after divorce too quickly. Be patient with yourself as you rediscover your identity and rebuild your life.

Some ways you can help yourself heal and move forward after divorce can include:

• Journaling — Writing down your thoughts and feelings in a journal can help you explore your feelings. It can also be a therapeutic tool for self-growth in your post-divorce journey. Journaling can allow you to reflect, release intense emotions, and track your emotional progress.
• Meditating — Meditation can have many benefits during the divorce recovery process. It can help you regulate your emotions, calm your nervous system, and promote self-reflection. There are various types of meditation that all have different benefits. Loving-kindness meditation can help release feelings of resentment and promote forgiveness.
• Finding hobbies you enjoy — Finding new hobbies is a great way to rediscover yourself while making new connections. If you’ve always wanted to learn to cook, learn an instrument, do yoga, or paint, take a class. Joining groups, volunteering, and exploring new interests can help you meet people and discover interests you may not have known you had.
• Spending time with family and friends — Spending time with loved ones can help combat feelings of loneliness and reduce isolation after divorce. Friends and family can provide you with the emotional support you may need and help you rebuild your sense of self outside your marriage.
• Traveling — Whether you go solo or with friends, traveling after a divorce can be a relaxing and transformative experience. It’s also a way to create new memories and gain a sense of independence.

If you’re struggling with processing your emotions post-divorce or just need someone to talk with, don’t be hesitant to seek out professional support. There are many therapists and counselors who can help you navigate the complexities of your feelings and work with you to develop healthy coping mechanisms. You might also consider participating in a divorce support group in your community, where individuals can share their experiences as they go through their healing journey.

Notably, each person’s emotional state after divorce is unique. There is no specific timeline for when you should be ready to date again after you’ve ended your marriage. Everyone heals at their own pace. It’s better to take your time and focus on building a strong sense of self-worth.

Contact an Experienced Maryland Divorce Attorney

When you go through the divorce process, having a knowledgeable and compassionate attorney by your side can make all the difference in the outcome of your case. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys assist individuals with parting ways amicably whenever possible to reduce the emotional toll the divorce process can take on your life. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. We will work closely with you to find a strategy that will help you achieve the best possible outcome.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.