There are two ways to resolve your marriage. One is by agreement. The other is by litigation. In either case you must be prepared with information. I recommend that your first step is to organize. Gather information and prepare a list of:  (1) assets; (2) liabilities; (3) income; and (4) monthly expenses. 

You will find that an attorney experienced in trial is an invaluable asset and can mean the difference between a favorable outcome and a poor outcome. 

Issues in a Divorce Case

        Grounds for Divorce: In Maryland you can be granted a Limited Divorce and/or an Absolute Divorce. A Limited Divorce is used to obtain the temporary relief sometimes needed immediately after separation and is available with out the need for a minimum period of separation. The grounds which are available for a Limited Divorce are: Cruelty of Treatment; Excessively Vicious Conduct; Desertion; and Voluntary Separation.. The grounds available for an Absolute Divorce are: Adultery; Desertion; Voluntary Separation; Conviction of a Felony; Two Year Separation; Insanity; Cruelty of Treatment; and Excessively Vicious Conduct.

         Children: There are several issues arising under the category of Children. For example you have custody (which is further broken down into legal custody and physical custody), visitation, child support, child care cost, education cost, and use and possession. Without getting into the vast specifics of each issue, please note that ultimately the Court will decide the matter of custody and visitation by hearing evidence and determining what is in the child's "best interest". If you intend to seek custody and you believe your spouse will fight you on the issue, be sure you are the one who has taken the time and effort to do for the child. The little things mean a lot. The Court is interested to know, among other things, who did the cooking, cleaning, shopping, homework, the doctor visits, and the PTA meetings. The best advise is get involved and be reasonable.

         Marital Property: Every asset acquired during marriage is arguably marital property. However, the law has excluded some assets from consideration as marital property. For example those assets you had prior to marriage, those assets you received as gifts from third parties, those assets you received by inheritance and all assets traceable to either of these three sources are all non-marital property or may be part marital property and part non-marital property. I know that sounds confusing. Here is how it works. The Court engages in a three step process. First the Court reviews each piece of property and categorizes the asset as either marital property, non-marital property or both marital property and non-marital property. Once the assets is classified the Court moves to the next step and  the asset is  valued. Once classified and valued the Court moves to the third step and determines a fair and equitable split of this property. On this issue of split, please note that the Court can not transfer title and ownership, except when the asset is a pension, so the Court Orders  a monetary award or adjustment to balance out the equity. On this matter of marital property you must always watch out for the commingling of your non-marital assets. Once you do so you run the risk of the asset transforming from non-marital to marital. 

        Alimony:  The claim for alimony is based upon financial need of the party requesting alimony and the financial ability of the other party to pay. Alimony can be either temporary, permanent or indefinite. Typically, in Maryland the Court's will award alimony as rehabilitative alimony. This means the award will be designed to give the non-financially dominant spouse some amount of money for a specific period of time in an effort to allow that spouse to make the adjustment from married to single.