Divorce is difficult. You are dealing with intense emotions, big decisions, and maybe even some unexpected turns along the way, especially if you and your ex are unable to come to an agreement. The divorce attorneys at Jimeno & Gray are here to make sense of this major life event and help get through it with as little stress as possible.
Our divorce lawyer Millersville MD law firm is available to help you get started when you are ready. Contact us today to request your confidential consultation to get the guidance and support you need from family law attorneys you can trust.
Who Gets What During a Divorce in Maryland
When it comes to dividing property in a divorce, the court does not automatically split everything down the middle. Instead, Maryland’s equitable distribution laws focus on what is fair, not necessarily equal. Our Millersville divorce lawyers are here to walk you through what that means so you know exactly what to expect and how to move forward with confidence.
What Counts as Marital vs. Non-Marital Property
Maryland separates property into two main categories: marital and non-marital.
Marital property usually includes anything you or your spouse acquired during the marriage, like homes, cars, savings, retirement accounts or even a vacation rental at the beach. Even if something is only in one person’s name, it can still be considered shared.
Non-marital property is a little different. It might be something you brought into the marriage, like a car you already owned, or something that came to you alone, like an inheritance or a personal gift. If it stayed separate and was never mixed into shared accounts or used jointly, it may not be on the table in your divorce. We will help you sort through all of that and make sure everything is clearly presented before the court makes any decisions.
Division of Retirement Accounts, Pensions, and Benefits
Retirement accounts do not always feel like a shared asset, but in many cases they are. If you or your spouse contributed to a 401(k), pension, or IRA during your marriage, Maryland treats that as something both of you may have a right to. It does not matter whose name is on the account because the time you spend building your future together matters just as much.
Splitting these accounts can get technical, especially if a Qualified Domestic Relations Order (QDRO) is involved, but we can help you through that process . Our divorce lawyers from Jimeno & Gray look at when the account was funded, how it grew, and what portion you or your spouse are legally entitled to.
Personal Property and High-Value Items During Divorce
Dividing up personal items is where things can start to feel personal. Maybe the item in question is your grandmother’s ring, a painting you both loved, or furniture you picked out for the house. These kinds of items can carry real emotional weight, and Maryland courts can take into account who used them, when they were purchased, and how they fit into the marriage.
Matters get even more complicated when there is a business involved or valuable assets like real estate, collectibles, or artwork. Digital assets such as crypto currency can further complicate property division among couples.
In divorce cases like this, the divorce attorneys of Jimeno & Gray will help you break things down: what belongs to whom, what the value looks like, and how to protect the items that matter most to you. With clear records and a plan in place, we work to reach a fair outcome without unnecessary stress.
Factors Courts Consider When Awarding Child Custody
When the court makes decisions about custody and support in Maryland, the top priority is always what is in your child’s best interest. Judges look at many different factors to decide where your child will live, how much time each parent will spend with them, and how financial support will work. Your divorce lawyer in Millersville, MD from Jimeno & Gray will help you understand what the court cares about and how to prepare for each step.
The Maryland Code, Family Law § 5-203 sets the standard for how child custody is decided. It gives courts the authority to consider anything that might impact your child’s well-being. While every case is different, here are some of the most common factors courts look at when determining custody and support:
- The strength of each parent’s bond with the child
- The consistency and stability of your child’s daily routine
- The physical and mental health of both parents
- Whether one parent supports the child’s relationship with the other parent
- Which home provides a secure and nurturing environment
- Each parent’s work schedule is reviewed to assess availability for the child
- If the child is mature enough to express their own preferences to the court
- Past involvement in any parenting duties that may influence child custody decisions
- The proximity of each home to the child’s school and community
- Any history of abuse, neglect, addiction, or unsafe behavior
- Whether both parents can meet the child’s financial needs
- Religious or cultural practices that are important to the child’s upbringing
- Whether the parents are capable of cooperating and can share in making decisions
Courts do not rely on just one detail when making their custody decision. Instead, they look at the whole picture to decide what arrangement serves your child’s best interests. These considerations can also be used to help determine visitation rights and whether or not a parent may be granted primary child custody.
Factors When Determining Child Support
Child support payments are intended to help provide for the upbringing of a child after parents have divorced. Even when parents share custody of their children, one parent may be obligated to provide financial support to the other parent. The parent who has more income or financial resources will typically make child support payments to the other parent.
Child support is calculated using a different formula, based on income, healthcare, custody time, and other financial details. Our divorce lawyers in Millersville, MD can help answer your questions about child support payments as part of the divorce process.
If your financial situation changes or your ex’s financial situation changes, it is possible to modify child support amounts to reflect the new reality. Parents often request modifications due to job loss, a medical emergency, and other matters that affect income and earning potential. Our team can help you request a modification of child support payments as well as enforce a court order if you are owed delinquent child support.
Different Options When Getting a Divorce
If you are thinking about getting a divorce, one of the first things you may wonder is what kind of process you will be facing. In Maryland, there are several different paths you can take depending on your situation, your goals, and how much you and your spouse agree on. Our team is here to help you understand what divorce option might work best for you.
Uncontested Divorce and Eligibility Requirements
An uncontested divorce means both spouses agree on all issues before filing. This includes things like how property will be divided, child custody and visitation schedules, child support, and whether either spouse will receive alimony. If you both already agree on the big contentious matters in a divorce, an uncontested divorce can be a much faster and more cost-effective option than going to trial.
To qualify for an uncontested divorce in Maryland, you must meet certain residency requirements and file the proper paperwork. If minor children are involved, the court will still review your agreement to make sure it protects their best interests. The divorce attorneys of Jimeno & Gray can help ensure all aspects of an uncontested divorce are handled correctly so you can move forward without experiencing unnecessary delays.
Divorce Mediation as a Low-Conflict Option
Divorce mediation is a voluntary process that allows you and your spouse to work through issues with the help of a trained, neutral mediator. Instead of fighting things out in court, you sit down and talk through matters like property division, child custody, and child support. Mediation can be a more peaceful way to move forward if both spouses are willing to cooperate and stay focused on finding workable solutions.
Not every case is a good fit for mediation. If there are safety concerns, a power imbalance, or just an unwillingness to compromise, alternative dispute resolution will prove ineffective. However, if you and your spouse are open to finding a mutually agreeable solution to a contentious issue, divorce mediation can save time, reduce costs, and minimize stress.
Our Millersville divorce lawyers can help you decide if this approach makes sense for your situation and support you through each step of the mediation process if you choose to move forward with it.
Military Divorce and Jurisdictional Issues
Military divorce comes with some added challenges that civilians usually do not face. If you or your spouse is serving in the military, questions about residency, deployments, and federal protections under the Servicemembers Civil Relief Act (SCRA) may come into play. Our Millersville divorce attorneys will help you work through those issues and make sure your military divorce is handled properly from the beginning.
Jurisdiction is often the biggest hurdle in military divorce cases. The court needs to confirm it has the authority to hear your case, which can depend on where you are stationed, where you claim legal residency, and where the paperwork is filed. We help you sort through these details and protect your rights no matter where you are in the process.
How Courts Divide Debt and Financial Obligations During Divorce
Dividing debt can be just as important as dividing property when your marriage ends. Maryland courts often need to sort through credit cards, loans, and other shared financial obligations to figure out who is responsible for what. This is not always a simple split.
The Maryland Code, Family Law § 8-201 gives courts the authority to classify and allocate marital debts based on when they were acquired and how they were used. Here are some of the most common types of debt that may be divided during a Maryland divorce:
- Mortgage debt is often considered when deciding what happens to the family home.
- Car loans are usually divided based on who keeps the vehicle.
- Joint credit card balances are reviewed to determine who benefited from the purchases.
- Medical debt from during the marriage is typically treated as a shared obligation.
- Personal loans taken out for shared expenses may be split between both spouses.
- Tax debt owed jointly is often divided proportionally by the court.
- Home equity lines of credit are examined to see how the funds were used.
- Student loans are sometimes divided if they contributed to the family’s financial benefit.
- Business loans tied to a family-owned company may be handled separately.
- Utility bills and unpaid household expenses can be addressed as part of the settlement.
Courts do not always divide debt equally. They look at who took out the debt, who benefited from it, and whether it was linked to marital expenses. If your name is on the account, you may be legally responsible, even if your spouse agreed to pay it. When you work with Jimeno & Gray, your divorce attorney in Millersville, MD will help you sort through your obligations and advocate for a division that is fair and manageable.
Contact Our Divorce Lawyer Millersville MD Law Firm
You should not have to guess your way through this. Our divorce lawyers in Millersville, MD take the time to understand your priorities and keep you informed every step of the way. Connect with Jimeno & Gray to schedule a confidential consultation. Let us discuss your goals and unique family matters so we can represent your best interests.