Rockville Divorce Lawyer

Grounds for Divorce in Maryland

No-Fault Divorce

• Irreconcilable differences: Demonstrating that the marriage has broken down beyond repair and attempts at reconciliation have failed.
• Mutual consent: Available when both parties sign a written settlement agreement that addresses property division, alimony, child custody, and child support. No period of separation is required.
• Six-month separation: Spouses who have lived separately for at least six consecutive months without cohabitation can file on this ground.

Fault-Based Divorce

• Adultery: Proven infidelity by one spouse. Direct or circumstantial evidence may support this claim.
• Desertion:
  • Actual desertion – when one spouse leaves the other without a justifiable reason for at least 12 months.
  • Constructive desertion – occurs when a spouse’s behavior makes it unsafe or unreasonable to continue the marriage.
• Cruelty of treatment & excessively vicious conduct: Physical or severe emotional mistreatment that endangers a spouse or minor child.
• Conviction of a crime: Applicable if a spouse has been sentenced to three years or more and has served at least 12 months of the sentence.
• Insanity: The spouse has been confined to a mental institution for at least three years and is deemed permanently incurable by two medical professionals.

No-fault divorce is the most common ground pursued in Maryland as it is typically faster and less costly, eliminating the need to prove misconduct or endure protracted legal battles.

Your Rights During Divorce in Rockville

Below are several crucial rights all parties should understand as they navigate a divorce in Montgomery County:

• Equitable Distribution: In Maryland, courts strive for fair—not always equal—distribution of marital assets and debts. We help you understand what equitable means for your specific situation.
• Child Custody & Support: Custody and visitation arrangements, along with child support, are determined based on the best interests of the child. We advocate for your parental rights while pursuing workable solutions for your family.
• Spousal Support: When appropriate, spousal maintenance may be awarded to provide financial stability. We assess eligibility and provide transparency about what support may look like for your future.
• Legal Representation: You are entitled to choose an attorney who will stand by you, explain your rights, and work for a result that prioritizes your well-being.

Each divorce in Rockville is unique and requires a personalized evaluation for the best outcome. Our local experience and client-focused approach ensure you receive clear answers and professional support every step of the way. Schedule a consultation with a dedicated divorce lawyer in Rockville today to get started.

Marital Property Division in a Rockville Divorce

Maryland courts follow the principle of equitable distribution when dividing marital property in divorce cases. This means the court divides property fairly, though not necessarily equally, considering the unique circumstances in each Rockville case.

The court will evaluate a range of factors when dividing property, including: 

• The contributions of each spouse to the marriage, both tangible and intangible.
• The duration of the marriage.
• The financial situation and needs of each party.
• The circumstances that led to the divorce.

Marital property generally includes all assets or debts acquired during the marriage, regardless of who holds legal title. Non-marital property—such as inheritances, gifts, or assets acquired before the marriage—is usually not subject to division but can become complicated if commingled. Bortmes Legal Services, LLC is committed to protecting your financial future and guiding you through every aspect of property division. We address even the most intricate cases with careful attention to detail and courtroom experience specific to Montgomery County courts.

Frequently Asked Questions About Divorce in Rockville, MD

How Long Does a Divorce Take in Rockville, MD?

The timeline for completing a divorce in Rockville varies widely based on factors such as the basis for the divorce, whether the process is contested or uncontested, and the complexity of any financial or custody issues. Uncontested divorces—where both parties agree on all key issues—may be finalized within several months, particularly when parties work proactively and attend mediation. More complex or contested cases, especially those requiring court intervention for property division or child custody, often take longer—sometimes over a year.

Can I Handle My Divorce Without a Lawyer?

While Maryland allows individuals to file for divorce without a lawyer, proceeding without experienced legal counsel is rarely advisable—especially if your case involves disputes over children, real estate, significant assets, or long-term support. The local rules and processes in Montgomery County require precise steps and documentation, and overlooking important requirements or deadlines can jeopardize your financial and legal rights. Even in amicable separations, working with an attorney ensures every agreement is enforceable, thorough, and in compliance with state law. At Bortmes Legal Services, LLC, we safeguard your interests and help you avoid pitfalls that could affect your future stability.

The MD Divorce Process

Here's what you can expect when partnering with our knowledgeable divorce lawyer in Rockville:

• Initial Consultation: We discuss your unique situation, answer questions, and develop a personalized strategy based on your needs and goals.
• Filing the Petition: Our legal team helps prepare and file all necessary paperwork, launching the divorce process efficiently.
• Negotiation: We negotiate for fair, practical results on matters of property, custody, and support, prioritizing amicable solutions where possible.
• Dispute Resolution: If out-of-court resolution is not possible, we represent your interests in mediation or litigation before the Circuit Court for Montgomery County.
• Finalizing the Divorce: We guide you through the final paperwork and ensure all legal formalities are completed for a smooth transition into the next chapter of your life.

With Bortmes Legal Services, LLC as your Rockville divorce attorney, you benefit from extensive familiarity with local family law and a reputation for responsiveness and compassionate support. 

Contact us today to schedule a consultation with our Rockville divorce lawyer.