DIVORCE

      Separation and divorce can be disrupting and difficult time in your life, filled with doubt, fear, and uncertainty. However, with the help and support, of The Umeh Law Firm, LLC., it does not have to be. When terminating your marriage, we can help you:

· Decide which type of divorce you are eligible for (limited or absolute);

· Identify ground(s) for divorce;

· Divide and protect your assets; and 

· decide if support is appropriate in your situation.

                                                                                                    DIVORCE

     In Maryland you may dissolve in marriage through a divorce and there are three grounds for a divorce. In a divorce,  the marriage is permanently terminated/dissolved. Once a decree of absolute divorce is issued and entered by the court, the parties are free to remarry. With the decree also comes to dissolution of all martial issues of the parties. Matters such as custody, future financial support payments, name change, and retirement and property interests may also be addressed in a divorce decree.

                                                                                      GROUNDS FOR DIVORCE

                                                                                            6-month Separation

  The parties must establish that they have lived separate and apart for 6 months without interruption before the filing of the application for divorce. In cases where spouses live in the same residence but have pursued separate lives for the purposes of a divorce, they also may be able to establish 6-month of separation.

                                                                                        Irreconcilable Differences

  When spouses faces significant issues or conflicts that cannot be resolved that have led to the breakdown of their marriage, parties may file for a divorce based on Irreconcilable Differences. This means that the spouses have fundamental differences or problems that make it impossible or impractical for them to continue living together as a married couple. 

                                                                                               Mutual Consent

  At anytime and for any reason, spouses may file for a mutual consent divorce. The requirements for a divorce based on mutual consent are:

1. A written settlement agreement signed by both spouses that resolves all issues relating to:

•   alimony  (spousal support);
• the distribution of property, including any monetary awards, the family home, and family use personal property; AND
• the care, custody, access, and support of your minor or dependent children;

2.   A completed child support guidelines worksheet, if the settlement agreement requires that one spouse pay child support to the other;

3.   That neither party objects in writing to the settlement agreement prior to the divorce hearing; AND

4.   That the court is satisfied that any terms of the agreement relating to your minor or dependent children are in the best interests of those children.

                                                                                         DIVORCE ASSETS DIVISION

                                                                                     Marital and Non-Marital Property

    With a few important exceptions, “marital property” is all the property that you or your spouse acquired during the marriage. Marital property normally includes things such as bank accounts, houses, businesses, cars, furniture, appliances, stocks, bonds, jewelry, pensions, retirement plans, and IRAs acquired during the marriage. 

    Exceptions to marital property include gifts, gifted to only one of you from a third party; inheritances; mutually agreed upon items; or items bought solely with money from a gift, an inheritance, or money that you agreed was not marital property, such items are “non-marital property.”

   If you and your spouse cannot agree how to divide your property, the court will decide what is marital property, how much that property is worth, and each spouse’s portion. The court will also look at any marital debts (for example, mortgages and credit cards) when determining the value of the marital property. 

                                                                                             FINANCIAL SUPPORT

                                                                                         Alimony (Spousal Support)

    Alimony is a recurring payment by a former spouse to another to allow a dependent spouse to become self-supporting. A former spouse may receive alimony payments either Pendente Lite (temporarily), Rehabilitative and/or indefinitely.

· Pendente lite, temporary alimony, is award between the time you file for and the      time the divorce is final.

· Rehabilitative alimony is the most commonly awarded alimony. It is usually granted for a relatively short period, 2 – 5years, to give the requesting party time to become self-sufficient, such as going back to school. 

· Indefinite alimony is a relatively rare type of alimony awarded with no specific end point. This may be granted because of your age, an illness, or a disability.

Alimony awards may be modified if requested and circumstances have significantly changed