Reviewing Terms for a Divorce with a Family Attorney in New Market

by | Aug 8, 2018 | Family Law

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In Maryland, divorce cases are started after a couple can no longer live together as a married couple. When a divorce case proceeds, the couple must make hard decisions about separating their lives. The decisions include the division of their estate and child custody arrangements. A family attorney in New Market assists couples who want to file for a divorce.

Separating the Marital Estate

Couples are required to separate all marital assets equally. All assets accumulated during the marriage are listed in the divorce agreement. In the agreement, the new owner of the asset is also listed. The assets include but are not limited to real estate, automobiles, artwork, furnishings and retirement plans. All monetary assets are also divided and include savings and/or checking accounts.

What Is Discovery?

Discovery is a process that enables the attorneys to identify all assets owned by each party. It is necessary for divorces involving larger than average marital estates. The process reveals any hidden assets to which either party is entitled to receive and it prevents a spouse from getting more than their fair share of the marital estate.

Do All Spouses Receive Alimony During the Divorce?

No, not all spouses will receive alimony during a divorce case. However, the spouse’s attorney can submit a motion for temporary alimony to help the spouse adjust to their new life. All military divorce cases require the service member to provide separation pay and temporary alimony until the divorce is finalized. Permanent alimony is available to some spouses, and the payments start after the finalization of the divorce.

Prenuptial Agreements in Divorce Cases

All prenuptial agreements are upheld in Maryland. The terms of the divorce may include the terms outlined in the divorce agreement. Any monetary awards that appear in the prenup are carried over to the divorce agreement.

In Maryland, divorce cases include the division of the entire marital estate. In fact, discovery is used to uncover hidden assets to ensure that all assets are divided equally. The proceedings also determine when a spouse is entitled to spousal support. Petitioners who need help from a family attorney in New Market can visit us right now.

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