Frequently Asked Questions

Q: I want a divorce. How do I tell my spouse?
This is one of the most difficult issues facing a party desiring a divorce. At some point, you must tell your husband or wife that you want a divorce and it is often not easy to do. Many people will come to our offices for an initial consultation before they discuss the idea of divorce with their spouse so they know what their legal rights are before they have that conversation. Others will come to us after they have talked to their spouse about separating or getting a divorce.

Q:My spouse cheated on me. Can I make them pay for this in the divorce proceeding?
One fact that people often find surprising about Maryland divorce law is that the ground for divorce – including adultery – often does not play a major factor in the Court’s division of marital property or the award of alimony. Although the cause for the break-up of the marriage may be considered by the Court in these determinations, it is often not a major factor and frequently does not result in a higher property or alimony award to the non-cheating spouse.

Q:Will my spouse get a portion of my retirement plan?
To the extent that funds were contributed by your employer to your retirement plan during the course of your marriage, that portion of the plan is considered marital property. For example, if you have a retirement plan with your present employer and you were first employed at the company after you were married, the entire retirement plan is considered marital property and is subject to equitable distribution by the Court. On the other hand, if you worked at the company for 10 years prior to your marriage, the funds contributed to your retirement plan in the years before you were married are considered your own separate property and are not subject to equitable distribution. In this situation, part of your retirement plan is separate property (funds contributed before the marriage) and part is considered marital property (funds contributed after your marriage).

Any property acquired by you or your spouse during the marriage is marital property subject to equitable distribution (with the exception of gifts and inheritances.). Property acquired before the marriage may be separate property, though it is possible for that property to lose its characterization as separate property and to become marital property For example, if you inherit $10,000 and deposit the money in a joint checking account you hold with your spouse and where you deposit your paychecks, the $10,000 may lose its characterization as separate property since it was “commingled” with marital property.

Q:How much in alimony will I receive/pay?
The question of how much alimony one will be awarded or ordered to pay in a given case is a difficult one to answer and is based upon the Court’s consideration of a number of factors set out in the statute governing alimony. It is important to note, however, that the concept of permanent alimony, or alimony for life, is not favored by Maryland courts any longer, except in exceptional circumstances or when there is a “gross disparity” between the respective incomes of the spouses. If one spouse makes $500,000 per year and the other makes $50,000 per year, the Court may find that a “gross disparity” exists and award permanent alimony. Courts now favor what is known as “rehabilitative alimony” which is alimony for a certain term and is designed to provide financial support to the economically dependent spouse so that they can re-enter the work force, gain additional education and training and generally improve their economic earning power.

Q:Does the woman always get custody of the children?
No. In determining custody, the Courts look to what is in the best interests of the children and Maryland Courts can no longer give a preference to the Mother in custody decisions.

Q:Do we have to live separate and apart for a year before we can get a divorce in Maryland?
The most common ground for divorce in Maryland is “voluntary separation”. To get divorced on this ground, you must live separate and apart from your spouse, without cohabitation, for more than 12 months. The separation must also have been mutual and voluntary, the final and deliberate act with respect to the marriage and there cannot be a reasonable likelihood of a reconciliation. Note that to get divorced on the ground of voluntary separation, you and your spouse must live in separate residences. Living in separate bedrooms or having one spouse stay in the basement is not sufficient.

There are, however, other grounds for divorce which do not require you to wait 12 months, including adultery and desertion. However, if you are the spouse who committed adultery or who deserted your husband or wife, you cannot seek divorce on these grounds. Your spouse would have to do that.

Maryland Divorce Attorneys

If you are interested in having Stern & Associates represent you in a divorce proceeding, call our offices today at 1-800-DIVORCE (from the Washington, D.C. area) or 301-444-4660. We would be happy to discuss your case with you.

Stern & Associates is a family law firm that represents individuals in divorce and family law cases throughout Maryland including cases in Montgomery, Howard, Frederick and Prince George’s Counties.