Olney, MD Divorce Attorney

Experienced Divorce Lawyer Helping Clients in Olney, MD

Getting divorced, especially when you are a parent, can be extremely stressful. If you are like most divorcing parents, you are most concerned with how much time you will be able to spend with your children after the divorce is finalized. The idea of not seeing your children every single day may even have kept you from filing for divorce earlier, prolonging the inevitable. However, not being in a marriage that is making you miserable is likely to improve the quality of your life in the long run and may even make you a better parent as well. Children pick up on it when their parents are fighting a lot or are not happy together, which can cause them to act out, leading to more difficult parent-child relationships. In these situations, divorce is often better for the whole family.

Diamant Gerstein, LLC takes a hands-on approach to divorce cases. We are proactive in communicating with you, the court, and your spouse's attorney. Our attorneys always answer their own work phones, so you will never have to go through a receptionist to reach your lawyer when you need him or her. We are able to resolve most divorces out of court, but are also skilled in divorce litigation if going to court will be better for you.

How is Child Custody Decided in Maryland?

Most child custody issues are decided by mutual agreement of the parents. While agreeing to a parenting plan with your spouse in the midst of a divorce might seem impossible, our attorneys are experienced in helping battling spouses reach a compromise. It is often best for the children when parents create a parenting plan this way. Going to court and having to testify can be difficult for children, and it exposes them to the conflict between their parents. Additionally, it can be very good for children to see that their parents will still work together to do what is best for them.

If parents cannot agree, the court will consider a list of factors to make a decision. These factors include:

• The child's preferences.
• Who the child's primary caregiver was.
• Each parent's psychological and physical fitness to care for the child.

How Marital Property is Divided

Like child custody, spouses who are getting divorced have the opportunity to agree on how their marital property should be split between them. Mediation and attorney-facilitated negotiation can both be effective tools for helping you and your spouse reach a consensus.

If your spouse refuses to negotiate in good faith or will not be fair - which is common if you were married to a narcissist - the court will use the concept of equitable division to distribute your marital assets. Equitable division simply means that the court should divide your property in a way that is fair to both of you considering all relevant circumstances. It does not mean that your assets will be divided 50/50, or that each party should only get the assets his or her income was used to build up.

Factors the court will consider when dividing your marital property include:

• Each party's contributions to the marriage. These contributions do not need to be financial - the contributions of a homemaker who gave up his or her career to raise the children are also seen as valuable.
• How long the marriage was.
• Each spouse's financial circumstances. This includes the earning capacity of each spouse and whether one has significant nonmarital property.
• The cause of the divorce.
• Any other fact or circumstance the court believes is relevant.

Courts in Maryland have fairly broad discretion to divide marital property based on what they feel is fair to the parties.

Contact an Olney, MD Divorce Attorney

Diamant Gerstein, LLC will strive to get you the best outcome possible in your divorce. Our knowledgeable Olney, MD divorce lawyers take the time to understand your individual needs and priorities. Contact us at 301-560-2685 for a confidential consultation.