Skilled Legal Counsel for Marital Dissolution Matters in Montgomery County
Ending a marriage is a formal legal process that requires strict adherence to specific procedural rules and statutory timelines. Beyond the decision to separate, the court requires precise documentation and compliance with state laws to dissolve the union legally. Successfully closing this chapter involves navigating these rigid requirements to achieve a definitive, legally sound conclusion to the relationship without administrative friction.
Fatemi Law has guided individuals through these complex domestic transitions in Montgomery County and across Maryland since 1999. We recognize that every divorce presents a unique set of circumstances, ranging from the duration of the separation to the complexity of shared financial assets. Our attorneys provide the focused counsel necessary to navigate both the emotional and technical aspects of the proceedings.
The path to resolution varies significantly depending on your individual circumstances and the parties' willingness to reach a mutually agreeable solution. Regardless of the complexity—whether the divorce includes high-value assets, whether it is contested or uncontested— we remain committed to seeking a final judgment that protects your interests and establishes a stable foundation for your future.
Call our Gaithersburg divorce attorney at (301) 857-4914 now to begin your consultation and explore your legal options.
Types of Divorce in Maryland
Absolute Divorce
An Absolute Divorce permanently terminates a marriage, resolves all property claims, and permits the parties to remarry. To obtain this judgment, a filing party must prove specific statutory grounds to the court.
Maryland recognizes seven distinct grounds for absolute divorce:
One-year separation
Desertion
Conviction of a felony or misdemeanor involving incarceration
Insanity
Adultery
Cruelty
Excessively vicious conduct
The most common path to dissolution is the one-year separation, which serves as the state's primary "no-fault" option for divorce. This requires proving that the couple has lived separately and apart without cohabitation for at least 12 months before filing. Courts interpret this strictly; spending even a single night together resets the timeline.
Fatemi Law advises clients on meeting these standards as well as the residency requirement, which generally mandates that one party must have lived in Maryland for at least one year before filing, unless the grounds for divorce occurred within the state.
Fault-based grounds such as adultery, cruelty of treatment, and excessively vicious conduct allow for immediate filing without a one-year waiting period. Proving these claims requires specific evidence, such as demonstrating a spouse’s propensity to cheat or showing that their behavior poses a risk to life or health. Other grounds carry precise statutory definitions; for example, desertion involves an unjustified departure with the intent to end the marriage, while grounds based on a criminal conviction require a sentence of at least three years, with at least twelve months served.
Limited Divorce
A Limited Divorce does not terminate the union or permit remarriage, but it provides a necessary legal framework for spousal support and separation while the parties work toward a final resolution. Fatemi Law guides clients through this process, reviewing the specific facts of the separation to recommend whether filing for this interim status is the best strategic option before eventually seeking an Absolute Divorce.
There are numerous statutory grounds for obtaining a Limited Divorce, starting with cruelty of treatment and excessively vicious conduct toward a spouse or minor child. Proving these grounds requires demonstrating that the spouse’s behavior endangers the life, person, or health of the family, rendering the continuation of the marriage impossible. The court generally views a single act of violence as insufficient to establish cruelty unless there is clear evidence that the act was committed with the intent to cause or threaten serious bodily harm.
The court may also grant a Limited Divorce based on desertion or voluntary separation. Establishing desertion involves proving that a spouse left without justification and with the intent to end the marriage, a standard that can be met by the refusal to share a marital bedroom and does not require a specific separation period. Conversely, a filing based on voluntary separation requires the party to prove they are living separate and apart without cohabitation and possess no hope of reconciliation.
Litigating Alimony & Contested Assets in Court
When an agreement cannot be reached, we are prepared to litigate contested issues in the courtroom. We represent clients in disputes over alimony, arguing for or against support based on statutory factors such as the requesting party's ability to become wholly or partly self-supporting. We meticulously prepare for trial by gathering financial records and witness testimony to substantiate our client's position on spousal support.
We also litigate the possession and use of the family home and other significant assets. Our litigators present evidence regarding financial contributions and the circumstances leading to the estrangement to provide the court with the necessary context for a fair judgment. Trial preparation involves thorough discovery and the development of persuasive legal arguments designed for the specific judge hearing the case.
To discuss your divorce case with our experienced Gaithersburg, Maryland divorce lawyer, contact Fatemi Law at (301) 857-4914 or submit an inquiry online.
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