Willis & Henderson, P.A.
Attorneys at Law
Willis & Henderson, P.A., has experience
litigating divorce cases, and works to achieve a fair
and reasonable settlement.  If an agreement cannot
be reached that is satisfactory to the parties, then
we are ready to fight for your rights in court.

It is not quick to get a divorce in Maryland.  That
is, a husband and wife cannot go down to the
courthouse and sign a paper making them divorced.  
At the very least, Maryland requires the parties to
be separated for one year (not spending the night
under the same roof), with no cohabitation (no sex
with each other). The separation must be
uninterrupted and continuous for one full year prior
to filing for divorce.

Although this does not sound hard to do on the
surface, it is.  The parties must  normally maintain
the existing house and pay existing bills, while at the
same time paying for a second residence -- one of
the parties must move out of the house. At the same
time, the issue of child custody, visitation and
support must be dealt with, adding to the difficulty.

The lawyers at Willis & Henderson understand how
this affects the parties, and seek to advise you on
the best way to deal with these difficult
circumstances.  We make sure you understand your
rights as well as your obligations, and encourage
you to reach a fair agreement in light of those rights.

A word about reaching a settlement.  You should
view going to court to have a judge decide your
case as a last resort.  Just as soldiers are the last
people who want a war, a lawyer with experience
litigating cases knows that a settlement you can live
with is vastly preferable to allowing a stranger
decide your case after listening to it for an hour.  In
the first instance, the result will likely not be as good
as any agreement you could reach.  Secondly, the
cost of litigating a case is rarely worth the benefit of
a trial.  This does not mean you should give away
the farm.  It means that to the greatest extent
possible you should view getting the divorce done as
a business deal, not as a way of getting back at the
other person.  And if you view coming to an
agreement as taking control of your life rather than
placing it in the hands of a third person (the judge),
it makes a lot of sense.


What Happens Once the Divorce is Filed?

A divorce case is treated by the court system as
simply another law suit.  There are rules and law
peculiar to a divorce proceeding, but it is essentially
just another law suit in the eyes of the court.

That means a case is started by filing a complaint
for divorce.  The other party is served with the
complaint and must make an answer.  Then each
side gets information from the other in a process
known as "discovery."  During the discovery phase
each party gets information about the assets and
income of the other party, as well as any other
relevant information.

In the course of the case there is normally at least
one settlement conference where the parties are
given a chance to agree on a settlement.

Once discovery has been completed, and
settlement conferences held, a trial is held,
assuming there is no agreement, or there is no
agreement on all issues.  The trial is held just like
any other trial, except that there are no juries in
divorce cases in Maryland.  Witnesses testify,
evidence is presented, argument made, and the
judge makes a decision.

If there is an agreement in place as to all issues, the
procedure is slightly different.  Typically, the case
will be set before a master instead of a judge, who
listens to the evidence and makes findings of fact
and conclusions of law.  Generally, if the case is
before a master, the only relevant evidence is with
respect to the grounds for divorce, normally due to
a separation.  If there is a written agreement, it is
placed in the record.
Divorce     
Call or send an e-mail
to discuss your case
free of charge:

410-461-9400

info@whlawfirm.com