Fulton Divorce Lawyer
The Fulton divorce lawyers at Weinberg & Schwartz, L.L.C., can help you obtain a limited divorce or absolute divorce in Howard County that meets your needs for custody and support and other matters, whether you choose separation or a final dissolution of the marriage. With experience in mediation, collaborative divorce and litigation, our Fulton divorce lawyers provide practical advice and professional representation in the setting and process most suited to your particular needs and the dynamic present in your divorce situation. Call our office at 410-997-0203 to discuss your concerns.
Limited Divorce – Remain Legally Married With Court Orders for Custody and Support
A limited divorce grants spouses the right to live separately and apart from one another, but the parties remain legally married as husband and wife. Some couples opt for a limited divorce for a number of reasons. For some people, divorce is not an option due to religious convictions. For others, remaining legally married carries certain economic benefits so that keeping the marriage intact on paper makes financial sense. Still others might hold out the hope for reconciliation after “taking a break” and living apart for a period, and they see formally dissolving the marriage as too permanent a step to take at the time.
A limited divorce allows the couple to live separately while waiting for a statutory time period to pass with valid court orders in place until they qualify to file for an absolute divorce. When granting a limited divorce, the court can issue orders regarding child custody, support, and use and possession of the home and personal property. However, the court cannot divide the marital property or order the sale of jointly-owned real property.
Absolute Divorce – Dissolve the Marriage and Divide Marital Property
An absolute divorce is required to legally dissolve the marriage. Only after an absolute divorce has been granted can either party legally marry another person. As with a limited divorce, the court in an absolute divorce will decide matters regarding child custody, child support and alimony, as well as the equitable distribution of marital property. These matters can be decided jointly by the spouses, whether they work things out themselves or utilize a formal process such as mediation or collaborative divorce. If the parties can’t agree, they’ll need to litigate the contested matters before a judge, who will decide each issue based on Maryland law and the evidence and arguments introduced by each party’s lawyer in a courtroom hearing.
Residential Issues in a Fulton Divorce
If the home is a marital home, even if rented or titled in one party’s name, a party cannot force the other party to leave the home as both spouses have an equal right to live in the marital residence.
However, under circumstances of domestic violence, the court can order a party to leave the home for a specified period to protect a party and/or child. The court can also award use and possession of the family home and the contents to the custodial parent and require the other party to leave the premises during the use and possession period.
At the time of divorce, the court can either order the sale of the home, transfer of the home to one spouse, or award the custodial parental use and possession of the home for up to three years. Upon termination of said use and possession order, the home can be sold or transferred to one party with a buyout of equity.
The Fulton divorce lawyers at Weinberg & Schwartz, L.L.C., will work with you to understand your concerns regarding the family home and obtain a result that meets your needs.
Help With Divorce in Fulton, Maryland
For help with divorce in Fulton and Howard County, call Weinberg & Schwartz, L.L.C., at 410-997-0203, or contact us online to schedule a consultation with a dedicated and experienced Fulton divorce lawyer.
