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 are the Grounds for Divorce in Maryland?
In Maryland you can get a divorce on the grounds of adultery,
extreme cruelty of treatment, excessively vicious conduct,
desertion, and separation for one year (if you both agree to do
it), or for two years if you don't agree.  There are others, but
they are almost never used.


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.

Other Questions
If you have other questions, please send an e-mail to
mike@whlawfirm.com giving a brief description of your
situation and your contact information.
Willis & Henderson, P.A.
Attorneys at Law
3290 North Ridge Road
Suite 210
Ellicott City, MD 21043

410-461-9400
Divorce
Willis & Henderson, P.A.
Attorneys at Law
3290 North Ridge Road
Suite 210
Ellicott City, MD 21043

410-461-9400
A good lawyer can make all the difference

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