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Divorce FAQs

Experienced Rockville, MD Divorce Lawyer Answers Your Questions

Divorce can be challenging under the best circumstances. Of course, most divorces are not under the best circumstances. Only a small percentage of divorces are truly amicable. The rest can become very contentious very quickly.

Having the right lawyer to fight for you can make all the difference. Diamant Gerstein, LLC's dedicated team of Rockville, MD divorce lawyers is highly experienced in getting favorable results for our clients. Our lawyers will be there to fight for you every step of the way.

Q

Are Divorce Courts Fair to Fathers?

Answer:

Mothers have a historical advantage when it comes to child custody. They are often assumed to be the child's primary caregiver, even when that is not the case for a certain family. Our lawyers will work to bring the facts to light in your case. We will determine how each child custody factor pertains to your family so that we can fight to maximize your time with your children.

Q

How is Marital Property Divided?

Answer:

In Maryland, all marital assets are to be divided in a way that is fair to both parties. If the court is making decisions, it will consider things like how each spouse contributed to the family and what caused the divorce. More commonly, the spouses negotiate or use mediation to divide their own marital assets. You should be represented by counsel during all settlement talks.

Q

Will I Have to Pay Alimony?

Answer:

Alimony is uncommon and generally only ordered in very specific circumstances. If your spouse has the means to support him or herself or if your marriage was short-lived, alimony is unlikely. When alimony is ordered on behalf of a homemaker, it is often temporary, lasting only long enough to allow the receiving spouse to pursue education or job skills training.

Q

Can I Get Divorced if My Spouse Will Not Cooperate?

Answer:

Having a spouse who will not cooperate with divorce proceedings can be frustrating. Narcissists, mentally ill people, and abusive spouses may try to bury their heads in the sand or fight back and hope that the divorce will not go through. However, you do not need your spouse's cooperation to get divorced. You will, however, need to go to court to get divorced when your spouse will not sign an agreement.

Q

Who Gets Primary Custody of the Children?

Answer:

Child custody decisions must be made based on what is in the best interests of the children involved. The parent who spends more time caring for the children is considered to have primary custody, although the other parent still has shared custody. If one parent has been the child's primary caregiver, is able to make sure the children are well cared for, and is generally of good character, that parent is likely to receive primary custody.

However, 50/50 splits are becoming more common. If the parents live close to one another and the children's schools, this arrangement may be most practical.

Q

Should I Choose a Contested or Uncontested Divorce?

Answer:

Uncontested divorce is possible for most people. If you are amicable, were only married for a short time, have little shared property, or do not have any children together, you can likely resolve your divorce out of court fairly quickly. However, it is possible to resolve contentious divorces out of court if both parties are willing to compromise for the sake of avoiding trial.

High-net-worth divorce is more likely to lead to litigation, as there are significant assets at stake and the parties have the resources to go to court. Divorce litigation may also be necessary if your spouse is unwilling or unable to cooperate with a collaborative divorce.

Contact a Rockville, MD Divorce Lawyer

Diamant Gerstein, LLC is highly knowledgeable in divorce law. Our experienced Rockville, MD divorce attorney will do all we can to ensure that you get a fair outcome. Contact us at 301-560-2685 for a confidential consultation.

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