Intake Process

1. Once you contact me, I will take your name and address and the name and address of the opposing party to determine if there is a conflict of interest.
2. If there is no conflict, I will continue to gather information from you about the matter. I have a detailed questionnaire that I will ask you to fill out. Any information that you provide is privileged and will not be disclosed to anyone without your express, written consent.
3. We will then review the questionnaire and I will ask any questions that I have. You also are free to ask any questions that you have at this time.
4. After the conference, I will provide you with a preliminary opinion about whether your matter is actionable.
5. Once we have established that the matter is actionable and that you would like to retain me as your legal counsel, you will sign a retainer agreement and our official attorney-client relationship will begin.
   

Please note that although the attorney-client relationship does not begin until we sign an agreement, all information you provide during the intake process is confidential and will not be disclosed by me or anyone in my office.

What to Bring With You

If you are contacting me regarding a legal separation, divorce, or other family law matter, please bring the following documents with you when you come for your initial consultation:

• Last 3 years income tax returns, W-2’s, 1099’s, etc.
• Last 3 pay-stubs for both you and your spouse
• Information regarding employee benefits and health insurance
• Last 3 bank statements for all bank accounts held jointly or by you or your spouse individually
• Safe deposit rental agreements
• Last statement for all securities, IRA’s, mutual funds, pensions, etc.
• Household bills for the last year
• Mortgage statements
• Real estate appraisal for any property owned by you and/or your spouse
• Appraisals for any jewelry, art, or other valuables
• Real estate tax bill for all property owned
• Life insurance policies
• Vehicle title and registration for all vehicles, including cars, boats, TV’s, etc.
• Receipts for child care
• Credit card statements
• Loan statements
• Any other relevant financial information
• Court papers, hospital statements, or any other information regarding abuse (if alleged)
• Any other relevant information
  

Overview of the Divorce Process

Complaint
The divorce proceeding begins with the filing of a complaint. This document lays out the facts as alleged by the filing party (plaintiff) and requests relief from the opposing party (defendant). The defendant is then served with a copy of the complaint and summons.

Answer
The defendant then has 30 days to respond to the complaint and file the answer. The defendant may also file a counter-complaint against the plaintiff alleging facts and seeking relief of their own.

Discovery
During discovery, each side will gather information from the other party. There are five different ways to conduct discovery and a case may use any or all of these methods:

1. Interrogatories – written questions that must be answered in writing and under oath. They may only be asked of parties to the lawsuit and you may not ask more than 30 questions without special permission of the court.
2. Request for Production of Documents – this is a written request for the other party to produce documents for inspection. There is no limit on the number of documents you can request.
3. Deposition – this is an oral examination of a party or witness made under oath. A written record of the questions and answers is made.
4. Request for Admission – this document asks the other party to admit or deny the veracity of relevant facts in the case
5. Request for Mental of Physical Exam – this request asks the court to order that the other party submit to a mental or physical examination
   

Hearing
During the hearing, testimony is given under oath. Each side can call witnesses and question the witnesses of the opposing side. Each attorney will be allowed to make opening and closing remarks.

Decision
Once the hearing has concluded, the judge will render his or her decision. This can be done orally, in writing, or both. This decision is final, unless appealed.

Frequently Asked Questions

Q. Do I have to be a Maryland resident to file for a divorce in here?

A. You must be a Maryland resident for at least one year before filing for divorce here. There is an exception if the grounds for divorce arose after you moved to Maryland.

Q. Where will the complaint be filed?

A. The complaint will be filed in the Circuit Court in the county where you live or where your spouse lives, works, or conducts business.

Q. What is a limited divorce?

A. A limited divorce is a legal separation.

Q. What is an absolute divorce?

A. An absolute divorce is a complete dissolution of a marriage in which either party is free to remarry.

Q. What are the grounds for an absolute divorce?

A. The grounds for an absolute divorce are (1) adultery, (2) desertion, (3) voluntary separation, (4) conviction of a felony or misdemeanor if spouse has been sentenced to serve at least 3 years and has served 12 months of sentence, (5) two-year separation, (6) insanity if the insane spouse has been institutionalized for at least three years; (7) cruelty of treatment; and (8) excessively vicious conduct..

Q. What is marital property?

A. Marital property consists of all the assets that were acquired by either or both spouse during the marriage. This is true regardless of how the asset is titled unless it is excluded by agreement or was received as a gift or an inheritance.

Q. How long does it take to get a divorce?

A. The length of time depends on the length of the separation, the grounds for divorce and various other factors regarding the length of the marriage and the size of the marital estate.

Q. What is mediation?

A. Mediation is a process where the spouses sit with a neutral third party to try to come to a settlement.

Q. Do I have to go to mediation?

A. Often it is ordered by the court, in which case you must attend. There are many benefits to mediation including a quicker and less expensive settlement.

Q. Will my case be heard by a judge?

A. In Maryland, family court hearings are overseen by Masters. They are the ones who will hear the facts and determine the outcome of your case. If both parties agree to the Master’s findings then a court order will be issued. If either party is unsatisfied, they can request the case be heard by a judge.