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Divorce laws are enacted and interpreted by each of the respective states. This means your state and local family law court determines such things as divorce case filing and pleading procedures, spousal and child support payments, custodial rights of parents and the division of community property. Since laws get amended and new ones get made with some frequency, consult with an experienced family lawyer in your county for the most current status of the law. The family lawyer you choose should also be knowledgeable with the local courts and jury sentiment.

RESIDENCY REQUIREMENTS AND WHERE TO FILE: If the grounds for divorce occurred within the state, divorce may be filed in the county where either party resides. If the grounds for divorce occurred outside of the state, a person must be a resident for at least one year before they can file for a divorce in MD. [Based on Maryland Code, Family Law, § 7-101]

LEGAL GROUNDS FOR DIVORCE: As of 2007 divorce may be granted on the following grounds:

* Adultery;

* Desertion for at least one year before filing;

* Voluntary separation for at least one year before filing;

* Conviction of a felony, when the defendant has been sentenced to at least three years in a penal institution, and has served at least one year of the conviction;

* Living separate and apart for at least 2 years;

* Insanity;

* Cruelty or domestic violence against the petitioner or a minor child of the complaining partner. [Based on Maryland Code, Family Law, § 7-103]

LEGAL SEPARATION: A husband and wife may reach an enforceable agreement relating to alimony, support, property rights, or personal rights. [Based on Maryland Code, Family Law, § 8-101]

MEDIATION OR COUNSELING REQUIREMENTS: In a divorce involving children, the parents may be required to attend and educational seminar to educate parents about the effects of divorce on children. [Based on Maryland Code, Family Law, § 7-103.2]

PROPERTY DISTRIBUTION: Maryland is an equitable distribution state, meaning that if the spouses can't reach an agreement, the court will divide the marital estate in an equitable, but not necessarily equal, fashion. When determining the division of the marital estate, the court may take the following factors into consideration:

* The contributions of each party to the marital estate, both monetary and non-monetary;

* the value of all property of each party;

* the economic circumstances of each party;

* misconduct that led to the estrangement of the parties;

* the duration of the marriage;

* the age and physical or mental condition of each of the parties;

* how the marital property was acquired;

* the amount of alimony awarded; and

* any other factors that the court deems relevant. [Based on Maryland Code, Family Law, § 8-205]

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: Alimony may be awarded to either spouse, with the court taking the following factors into consideration when determining a fair and equitable award:

1. the ability of the party seeking alimony to be wholly or partly self-supporting;

2. the time necessary to gain sufficient education or training to enable that party to find suitable employment;

3. the duration and standard of living established during the marriage;

4. the contributions, monetary and nonmonetary, of each party to the well-being of the family;

5. the circumstances that contributed to the estrangement of the parties;

6. the age and physical or mental condition of each party;

7. the ability of the party from whom alimony is sought to meet his or her needs while paying alimony;

8. any agreement between the parties;

9. the financial needs and financial resources of each party; and

10. whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur. [Based on Maryland Code, Family Law, Sections 11-101 and 11-106]

SPOUSE'S NAME: Either spouse may request to take back a former or maiden name after divorce.

CHILD CUSTODY: A court may award custody of a minor child to either parent or joint custody to both parents, with neither parent being resumed to have any right to custody that is superior to the right of the other parent. If the court has reasonable grounds to believe that a child has been abused or neglected by a parent, and if the court believes that the conduct will continue, the court shall deny custody or visitation rights to that party, except that the court may approve a supervised visitation arrangement that assures the safety and the physiological, psychological, and emotional well-being of the child. A child who is 16 years old or older may file a petition to change custody. [Based on Maryland Code, Family Law, Sections 5-203, 9-101 and 9-103]

CHILD SUPPORT LAWS OF MARYLAND: In 2007, the level of child support is based on the Income Shares model, meaning the both parent's incomes is combined to determine the amount of support. The basic child support obligation is then divided between the parents in proportion to their adjusted actual incomes. The support guidelines may be deviated from due to the terms of any existing separation or property settlement agreements, or the presence in the household of either parent of other children to whom that parent owes a duty of support and the expenses for whom that parent is directly contributing.

IS A LAWYER NECESSARY FOR MY CASE?

If the marriage was less then a year, you have no children, if there is no real estate, and if a marital settlement has been reached, the spouses may and should consider a fast and simplified divorce solution.

No person seeking a divorce is actually required by law to use an attorney. If a person does plan to represent themselves (not recommended) during the proceedings, they should not expect the court clerks, bailiff and/or judge to assist them or provide legal advice in any way. Most spouses do however, at least at some point, consult with an attorney before proceeding with doing the divorce themselves.

Under most circumstances, a lawyer is ethically prohibited from representing both parties in a case. This is called a legal conflict of interest. Lawyers should only represent one party. Notwithstanding, in practice many people choose to have just one lawyer handle most of the paperwork such as the legal documents, including a separation agreement. In this situation, you must keep in mind that the lawyer who drafted the documents should and usually is only be representing one party. In some states, they follow a collaborative divorce process in which the mediator/lawyer works with both parties to achieve one common goal: to reach agreement on settlement of the issues and to have that agreement reduced to a writing and then into a court order.

Most lawyers do not charge a flat fee for a divorce unless the divorce is very simple, and both parties have agreed to the division of property and custodial issues at the outset. Instead, a lawyer will usually request a cash retainer from the client, not unlike a security deposit and charge for the lawyer’s time as the case moves forward. The amount of lawyer fees is one very important factor to consider. However you should also take into account the attorney’s legal experience and the complexity of the case. Lawyers are prohibited from charging a contingent fee for a divorce. Once a fee arrangement has been made, the lawyer is in most cases must prepare a written contract reflecting the agreement if full.

If there is a great disparity of income with regards to payment of the attorney fees, a judge may determine that one person should pay for the other person’s attorney fees. Most often however, a judge determines that each party has the ability and should to pay his or her own fees.

CHOOSING THE RIGHT FAMILY LAWYER

If you have decided to go with a lawyer you have a very important choice to make.

You could think of the process of choosing a lawyer like any other significant purchase. The same kind of careful and methodical considerations you put into a major purchase is not unlike the kinds of considerations you need to make when you are looking for the right divorce and family lawyer.

Before you start, you’ll need to choose what qualities you want in your family lawyer. There are a number of qualities that you should expect your lawyer to have.

These basic qualities include:

Good standing with their state bar: In other words, the bar association which licenses the attorneys in your state considers this lawyer is fit to practice law.

No disciplinary sanctions: A disciplinary sanction is an action taken against a lawyer by the state agency that regulates lawyers. If a lawyer has a sanction, be sure to investigate, taking into account the severity of the sanction and how long ago it occurred. A sanction can be a minor reprimand, or it can be a very serious punishment like suspension or disbarment from practicing law.

Experience with cases like yours: Most lawyers concentrate in a few areas of the law such as adoption and mediation. Once you know what these areas are, it’s easier to find lawyers with the experience and skills that are relevant to your situation.

Good communication skills: Regardless of your family law case issues, you want someone who keeps you informed and stays in touch, every step of the way. Legal matters can be confusing and your attorney is your advocate and guide. Don’t settle for anything less.

Once you’ve covered the basics, you may think of other qualities you’d like your lawyer to have. A few questions to consider:

Is this lawyer’s office convenient to your home or office?

How much does the lawyer charge?

GET CURRENT WITH THE 2008 FAMILY LAW CODE FOR MARYLAND: