Uncontested Divorce Maryland Quick Fast Easy Low Cost Anne Arundel

Uncontested Divorce Maryland Quick Fast Easy Low Cost Anne Arundel

Uncontested Divorce In Maryland Quick Fast Easy &Low Cost

EASY, FAST & LOW COST UNCONTESTED DIVORCE IN MARYLAND

Frequently, many clients believe that since both parties agree that they want a divorce, the divorce is uncontested. This perception is not entirely accurate. Although both parties may want a divorce, a truly uncontested divorce means that both parties have met certain statutory criteria in terms of living separate and apart. Also, all issues regarding child custody, property, support, debts, and so on have been resolved and there are absolutely no marital issues to be resolved.

The court procedure for obtaining an uncontested divorce varies from state to state and even from county to county. For example, the court procedure to obtain an uncontested divorce in Roanoke is different from the procedure to obtain an uncontested divorce in Northern Maryland. If you wish to obtain an uncontested divorce in Maryland, an experienced Maryland lawyer from SRIS, P.C. can assist you with this type of matter.

Uncontested Divorce Maryland Quick Fast Easy Low Cost Anne Arundel
Uncontested Divorce Maryland Quick Fast Easy Low Cost Anne Arundel

How your divorce is handled may make all the difference in world as to how your life progresses from this traumatic event. Don’t let someone who will not keep you informed as to the status of your divorce case keep you in the dark. The relationship you have with your divorce attorney during this very difficult period can have a substantial impact on your mental health. You need and deserve a divorce lawyer who is looking out for you.

What you do not want is a divorce lawyer who is engaging in unnecessary litigation. You want a divorce lawyer who will take the time to sit down with you and explain the divorce process in Maryland and why a particular strategy is being used. You want a divorce lawyer who will listen to you and keep your best interests at heart.

How can a SRIS Law Group divorce lawyer help you?

First and foremost, we will discuss your divorce case with you. We will explain to you the different options you have and the pros and cons of each option. We do not require divorce clients to come in and sit down and talk with us. Certainly, our clients are welcome to come in and talk with us. However, we understand that clients are very busy and may not have the time to come to the office. Therefore, we allow clients to consult with us by phone first and let the client decide whether they need to come in and meet with their divorce attorney. To learn more about how a SRIS Law Group divorce lawyer can help you, please call us at 888-437-7747 and speak with a divorce lawyer the same day.

Our lawyers have experience in resolving uncontested divorces in Maryland.

Courts we cover in Anne Arundel, Maryland

Anne Arundel County Circuit Court

P.O. Box 71,
7 Church Circle,
Annapolis, MD 21401

Anne Arundel County District Court

Robert F. Sweeney Building,
251 Rowe Boulevard,
Annapolis, MD 21401.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Military Divorce Maryland Lawyers Anne Arundel USFSPA SBP DFAS Service Members Civil Relief Act

Military Divorce Maryland Lawyers Anne Arundel USFSPA SBP DFAS Service Members Civil Relief Act

Military Divorce In Maryland

Military divorces offer special challenges for divorcing clients. If you are facing a military divorce in Maryland, contact a divorce attorney who is well versed not only in divorce law, but also has a thorough understanding of federal and state laws. Only experienced Maryland lawyers have a true understanding of these military/divorce laws. The Maryland lawyers who handle military divorce cases in our firm frequently assist military clients with divorce cases and understand the issues related to military retirement, the Uniformed Services Former Spouses Protection Act, the Survivor Benefit Plan, disability pay, and the service members’ Civil Relief Act.

Military Divorce Maryland Lawyers Anne Arundel USFSPA SBP DFAS Service Members Civil Relief Act
Military Divorce Maryland Lawyers Anne Arundel USFSPA SBP DFAS Service Members Civil Relief Act

Federal Law Governing Military Divorce Cases

USFSPA (“The Uniformed Services Former Spouses Protection Act”) is a federal law that authorizes state courts to divide a service member’s disposable retired pay in military divorce cases. The USFSPA does not state the how a member’s military retirement is to be divided by a court in Maryland. Many military members or spouses of military members assume that the USFPSA requires that the former spouse receive 50% of the member’s retired pay. This is not correct. USFPSA simply authorizes states such as Maryland to apply their own laws regarding division of property to military retirement in military divorce cases.

Furthermore, the USFSPA states that, once a divorce court has ordered a division of the member’s military retired pay, DFAS (“Defense Finance and Accounting Service”) may provide direct payment to the former spouse of her share, in cases where the period of time married includes 10 years or more of the member’s military service. Often referred to as the “10 year rule.” Even if the 10 year rule does not apply, a divorce court in Maryland or Maryland can still award the former spouse a share of the member’s military retirement. The distinction is that, the military member must pay the former spouse the share directly, as direct payment through DFAS will be unavailable.

Law Governing Military Divorce in Maryland

Maryland law states that military retired pay is considered “marital property” to the extent it was earned during the parties’ marriage, and prior to the final separation of the parties. The formula used by the courts in Maryland is that the “marital share” of retired pay can be defined as a fraction, the numerator of which is the total number of months the parties were married (prior to separation) during the member’s creditable military service, divided by the total number of months of the member’s creditable military service. In most cases, the Maryland divorce courts will typically award the spouse with a one-half (1/2) share of the “marital share.”

What happens if the parties divorce after the military personnel is retired? When the military member has already retired at the time of the divorce, determining the marital share of military retired pay is a very formulaic approach. You simply calculate both the numerator and the denominator of the fraction stated above. Here is an example of what happens when the parties file for a divorce and the military member is already retired: Client serves in the military for exactly 5 years before marrying his wife, and that he then serves another 15 years while married, before finally retiring. The parties then separate and divorce. The marital share of the member’s disposable retired pay based on this example is 75% (15 years divided by 20 years), and the spouse will likely receive a total of 37.5% of the member’s retired pay (75% divided by 2).

What happens if a military member is on Active Duty when the parties file for a divorce. This is a lot more complex. Why? Determining the final marital share of the member’s military retirement in military divorce cases where the member is still on active duty at the time of the divorce is not possible. Again, why? No can know what the denominator of the marital share fraction will be until the military member has actually retired.

While the divorce court can determine is the numerator. The numerator will be fixed at the time of separation. So based on the example above, the numerator is 15 years or 180 months. So, to award the military member’s spouse 50% of the marital share, the Maryland court would order the following:

“the Wife shall receive fifty percent (50%) of the marital share of the Husband’s disposable retired pay. The marital share is a fraction, the numerator of which is 180 months of marriage during the Husband’s creditable military service, divided by the total number of months of the Husband’s creditable military service.”

At the time, the military member finally retires, DFAS will then calculate and fill in the denominator – the total number of months of the Husband’s creditable military.

If you are looking for an experienced Maryland lawyer for a military divorce in Maryland, contact our firm to discuss your case with one of our Maryland lawyers today.

A Maryland lawyer from our firm will do his best to help you with your military divorce. No lawyer can guarantee you an outcome. What you can guarantee is that if you talk to us, we will do our best to help you obtain the best possible outcome based on the facts of your case.

We have client meeting locations in Rockville & Baltimore.

Courts we cover in Anne Arundel, Maryland

Anne Arundel County Circuit Court

P.O. Box 71,
7 Church Circle,
Annapolis, MD 21401

Anne Arundel County District Court

Robert F. Sweeney Building,
251 Rowe Boulevard,
Annapolis, MD 21401.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.