Law Offices of Julie Ellen Landau

Practice limited to all aspects of matrimonial and family law

Landau Law

Divorce

If you are contemplating divorce, counsel can provide guidance on the process. Although a divorce may be an emotional experience, we will guide you through the process with dignity, direction and confidence.

We are experienced in and can assist in mediation to resolve all issues, and often recommend this alternative approach to dispute resolution. We are talented in creative problem solving including resolving complex financial issues arising out of divorce. Such issues may arise with respect to identification of “non-marital property”, ownership interests in closely held corporations, property benefits, such as stock options, real estate transactions, trusts, and retirement assets. We take a comprehensive view of such issues in connection with each client’s unique case and interests.

In order to file for divorce in the State of Maryland, certain requirements must be met. If these requirements are not met, the case may be dismissed. We can assist in determining appropriate grounds and jurisdiction for your action.

In the State of Maryland, an absolute divorce may be granted on the following grounds, subject to certain requirements:

  • Adultery
  • Desertion (more than 1 year);
  • One (1) year separation when the parties lived separate and apart for one (1) year without interruption;
  • Conviction of a felony or misdemeanor in any state or in any court of the United States (if before filing for divorce the defendant has been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution, and has served 12 months of such sentence);
  • Insanity;
  • Cruelty of treatment toward the filing spouse or a minor child of the filing spouse; or
  • Excessively vicious conduct toward the filing spouse or a minor child of the filing spouse.

Effective October 1, 2015, the State of Maryland has added a new ground for divorce to its laws. The new ground – titled “Mutual Consent” – allows divorcing spouses to file for an absolute divorce without waiting a full year, and even without living separate and apart, provided that the parties meet the following criteria:

  • The parties do not have any minor children in common;
  • The parties sign and submit to the court a written settlement agreement, which agreement resolves all issues relating to alimony and the distribution of property between the parties; and
  • Both parties appear in court for an absolute divorce hearing.

This new ground provides quicker access to the courthouse for those couples that meet the criteria above.

If an absolute divorce cannot yet be granted under Maryland law, a limited divorce may legalize the separation for a limited or an indefinite period of time, provided that your case meets at least one of the grounds permitting the entry of a limited divorce.

Disclaimer

Every case is different. It is important to consult with an attorney to determine the grounds that best fit your case.