Same-Sex Divorce Attorney in Rockville, MD

At Bortmes Legal Services, LLC, we understand that navigating a same-sex divorce can be an emotionally challenging and legally complex process. Our Rockville-based firm is dedicated to providing compassionate support and personalized legal solutions to ensure you move forward with clarity and confidence.

Understanding Same-Sex Divorce in Maryland

Maryland recognizes same-sex marriage, and couples have the same rights to divorce as opposite-sex couples. However, there are unique nuances involved, particularly related to property division and child custody, that may require specialized attention. Local statutes, such as Maryland Code Family Law Title 7, govern divorce proceedings and can impact how your case unfolds. Ensuring your rights are protected can be daunting, but our team is here to help every step of the way.

Common Questions About Same-Sex Divorce

What Are the Grounds for Divorce in Maryland?

In Maryland, both fault and no-fault grounds exist for divorce. Fault grounds include adultery, desertion, revocation of a domestic partnership, and procedures like constructive desertion. No-fault divorce can be filed based on the mutual and voluntary separation for at least 12 months. 

The choice between pursuing a fault-based or no-fault divorce can impact both the duration and nature of the divorce proceedings. Opting for a fault-based divorce may involve proving the grounds cited, which can lengthen and complicate the process. In contrast, a no-fault divorce allows a more straightforward path forward, focusing on amicable resolutions rather than contentious legal battles. We assist in evaluating which route best serves your individual circumstances and desired outcomes.

How Is Property Divided in a Same-Sex Divorce?

Maryland follows the equitable distribution model, which means that marital property is divided fairly but not necessarily equally. Factors influencing this division include the length of the marriage, contributions of each spouse, and economic circumstances. Our firm excels in ensuring an equitable division that reflects your contributions and secures your future stability.

In same-sex divorces, unique considerations such as premarital cohabitation should be addressed when considering property distribution. Understanding each partner’s contributions—both financial and non-financial—are key in establishing a fair settlement. Additionally, factors like personal investments in shared assets, distinct from financial contributions, are recognized in the equitable distribution process.

How Are Child Custody Agreements Structured?

Child custody in Maryland is decided by considering the child's best interest, involving factors like the parents’ mental and physical health, the child's needs, and the relationship between the child and each parent. Rockville courts take a detailed approach to evaluate these factors, and our role is to advocate for a custody arrangement that reflects those best interests.

It is important to present a custody plan that demonstrates flexibility and addresses both parents’ network support within the Rockville community. Being prepared to showcase how each parent contributes to the child's welfare, educational needs, and social support is vital in crafting a compelling custody argument. Our role involves negotiating shared custody or visiting arrangements that prioritize stability and emotional security for your child.

What Steps Are Involved in the Divorce Process?

The process begins with filing a complaint, leading to negotiations or mediation, and potentially court hearings if an agreement isn't reached. We guide each step in the divorce process to resolve every aspect efficiently and effectively, minimizing emotional strain while protecting your rights.

Collaborative divorce options can be an alternative for couples seeking amicable resolutions without the tension of court battles. We offer mediation services that facilitate an open dialogue between the parties, fostering resolutions that both partners can agree on. This approach not only accelerates the process but reduces emotional distress by keeping conflicts out of the courtroom.

How Long Does a Divorce Take in Maryland?

The timeline for a divorce varies based on the complexity of the case and whether it is contested or uncontested. Maryland law allows for expedited processes if conditions are met, but averting trials through negotiation or mediation often proves faster and less stressful.

The average uncontested divorce in Maryland can take between three to six months, depending on court availability and procedural efficiency. Conversely, contested divorces can span a year or longer due to litigation complexities. We provide estimates based on the specifics of your case while striving to expedite the process through effective preparation and documentation.

Your Next Steps: Contact Us for Support

At Bortmes Legal Services, LLC, your peace of mind is our top priority. If you are contemplating a same-sex divorce in Rockville, MD, choose Bortmes Legal Services, LLC. Our commitment is to relieve your legal burdens with personalized guidance rooted in our comprehensive understanding of the law and the local court system. Let us help you take informed steps toward a secure future.

Contact us today to discuss your case with a same-sex divorce attorney in Rockville residents trust.