Potomac, MD Divorce Attorney Team

Divorce is the legal process that ends a marriage. While divorce can impact nearly every aspect of your life, the process itself is rarely simple. The Maryland divorce attorney team at Strickler, Platnick & Hatfield is dedicated to providing clients with the advice, tools, resources, support, and advocacy they need to navigate the complexities of dissolving their marriage. Working to take the burden off your shoulders every step of the way, we will tirelessly pursue your objectives so you can move on to the next chapter of your life.

Understanding the Divorce Process

Part of the reason that divorce feels so overwhelming is that many people do not know what to expect. Our Maryland divorce attorney team will guide you through the process, from the initial consultation through settlement - and trial when required.

The legal process for divorce in Maryland begins when one spouse (called the complainant) files the papers to start a lawsuit - the Complaint, receives a summons from the court, and serves the other spouse with both papers (plus some administrative forms). The lawsuit officially begins when these papers are served on the other spouse (called the respondent). The respondent spouse then must file a response to the allegations in the complaint (called an Answer) within a certain amount of time to avoid a default judgment being entered by the court.

Once the initial pleadings have been filed with the court and served on the other spouse, the discovery phase of litigation will commence. During this stage, spouses exchange relevant information and documents to learn more about each other’s positions. Throughout the case, the spouses will negotiate the issues in dispute through their attorneys in an attempt to reach a settlement.

Before the judge issues the divorce decree, which officially ends the marriage, the following matters must be resolved:

• Child custody
• Child support
• Spousal support/alimony
• Division of marital property, including any monetary award
• Allocation of marital debts

At Strickler, Platnick & Hatfield, our Maryland divorce attorney team understands how stressful divorce can be. We will work closely with you to ensure that your questions are answered, your interests are protected, and you are prepared for what lies ahead.

What Are the Requirements for a Maryland Divorce?

Until recently, there were two types of divorce in Maryland: limited divorce, which was similar to a legal separation; and absolute divorce, which legally terminated a marriage. Effective October 1, 2023, the Maryland legislature abolished limited divorce in the state.

Notably, the same law that eliminated limited divorce also significantly changed the “grounds” (official reasons that allow the court to pronounce a divorce) for divorce in Maryland. Prior to October 1, 2023, people in Maryland had the option of fault-based grounds for divorce, such as alleging adultery, cruelty, or desertion. Now, a spouse must allege one of three no-fault grounds to pursue a divorce:

• The couple has lived separate and apart for six months: The couple must have lived separate and apart for a period of six months in order for a judge to grant a divorce. While they may continue to reside under the same roof during this period, they must “have pursued separate lives.” The attorneys at Strickler, Platnick & Hatfield can provide greater detail regarding what this phrase means in practice.
• Irreconcilable differences: The filing spouse may pursue a divorce based on irreconcilable differences. This means that the marriage is fundamentally broken and there is no reasonable expectation for reconciliation. The specific reasons still need to be presented in the Complaint.
• Mutual consent: Couples who have signed a written agreement resolving all the issues in their divorce may be eligible for a mutual consent divorce. This type of no-fault divorce is typically less costly than proceeding through the litigation process since it involves a prenegotiated settlement. It also allows spouses to part ways more amicably.

Although it is no longer necessary to allege fault as a basis for a divorce in Maryland, that doesn’t always mean fault is irrelevant. Marital misconduct can still have an impact on the resolution of certain issues, such as child custody, alimony, and property division. It’s best to discuss the specific facts of your case with an experienced divorce attorney who can advise you on how these issues may affect the outcome of your case.

Alternative Dispute Resolution for Divorce

It isn’t always necessary to litigate a divorce case in the courtroom. There are multiple ways to resolve the issues that need to be decided before your marriage can be legally terminated. In fact, the vast majority of divorces are resolved by cooperative settlement between the spouses. This can allow spouses to remain in control of the outcome of their case, rather than let a judge decide the issues that will impact their lives for years to come.

A settlement may be reached in a divorce by negotiating with your spouse, either directly or through your divorce attorneys. Other out-of-court options can include mediation and the collaborative divorce process. These alternative dispute resolution methods can help reduce the cost, stress, and uncertainty associated with divorce. They can also allow spouses to find creative solutions and enter into a tailored settlement agreement that resolves their unique issues.

If attempts to reach a settlement are unsuccessful, or there is a reason alternative dispute resolution might not be appropriate in your situation, your divorce will have to proceed through the litigation process. At trial, a judge will determine the issues that need to be decided in your case, based on the testimony and evidence presented.

Well-versed in litigation, mediation, and the collaborative process, our attorneys are both skilled advocates in the courtroom and proficient negotiators. With a commitment to achieving the best possible results in your case, we will help you determine the best method to divorce in accordance with your goals.

How Our Maryland Divorce Attorney Team Can Help

One of the first steps in the divorce process is selecting a Maryland divorce attorney. Your choice of attorney will affect not only the outcome of your case, but also your experience as you go through the legal process. Here are some of the traits that set the Maryland divorce attorney team at Strickler, Platnick & Hatfield apart:

• We are tested and experienced: There is no substitute for experience when it comes to the law. Our attorneys have decades of experience practicing exclusively in the area of family law. We have handled hundreds of divorces, including those involving complex financial, child custody, and even international issues.
• We are team-oriented in our approach: Each of our divorce attorneys brings different strengths and insight to the table. We work together collaboratively so that our clients receive the benefits of each attorney’s unique skill set and vast experience.
• We are versatile: Our attorneys are equally at ease in the courtroom and at the negotiating table. Due to our versatility, we have the leverage to reach the most favorable results for our clients.
• We are tactical: We have a thorough understanding of the legal landscape both inside and outside of the courtroom. We can maneuver and outmaneuver our opponents skillfully in a way they would never expect.
• We are compassionate: Even as we strategize to achieve the best possible outcome in your situation, we never lose sight of the fact that our work impacts real people, children, and entire lives. We are focused on helping our clients through the emotional challenges of divorce, in addition to the legal ones.
• We are modern: Our Maryland divorce attorneys are cutting-edge and up-to-speed on the ever-evolving issues in family law. We make use of the latest technology to manage cases effectively and efficiently, and to be responsive to our clients’ needs.

Providing the personalized time and attention every client deserves, the Maryland divorce attorneys at Strickler, Platnick & Hatfield take a customized approach in every case. When clients work with us, they can be rest assured that they will have counsel by their side who is communicative and responsive as they go through some of their most emotionally challenging times.