Annapolis Contested Divorce Lawyer

Guiding Maryland Residents Through Contested Divorce Challenges

At the Law Office of Nicholas T. Exarhakis, we understand how emotionally taxing and overwhelming a divorce can be, especially when you and your spouse are unable to agree on divorce terms. When this happens, the law refers to it as a "contested divorce." 

During this hard time, an experienced Maryland divorce attorney at Law Office of Nicholas T. Exarhakis will be available to guide you through the litigation process. Everything we do is in your best interest—that means we will always strive to recommend the best path forward for you. For example, in the event that you and your spouse can or may agree on the terms of the divorce, a separation may be your best option.

Facing a contested divorce? Call (410) 593-0040 now for a free consultation and let our experienced Annapolis attorney guide you through the process.

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• Over 25 Years of Experience
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Understanding Uncontested vs. Contested Divorce

The difference between an uncontested and contested divorce is whether or not the spouses can agree on the terms of divorce. If they agree, that divorce is considered uncontested. As mentioned, if they cannot, then they have a contested divorce. 

Since contested divorces can get messy, they tend to take longer to finalize. This is because it takes time to sort out how to divide property and assets, come to a child custody arrangement, and hash out any other details.

Key Reasons for a Contested Divorce

If you plan to contest your divorce, you may need to find a way to prove fault in order to successfully win your case. There are many reasons a spouse may choose to contest a divorce.

Here are the most common reasons spouses choose to file for divorce:

• Cruelty – One of the most common grounds for divorce is cruelty. Cruelty includes acts of physical violence and emotional abuse that endanger your safety and health. Examples of cruelty include: physical abuse, criminal tendencies, threats of violence, and alcohol, drug, and gambling abuse.
• Adultery – Another common ground for divorce is adultery. The courts may consider an act of adultery when determining alimony.
• Abandonment - If one party leaves the marriage or if the home situation has become so abusive as to create an atmosphere of fear that leaving the marriage is the only safe course to follow, you may file a divorce on the grounds of abandonment or constructive abandonment.
• Separation – You and your spouse were living separately for one year without interruption but have been unable to come to an agreement regarding child support, custody, visitation, or property division.

What to Expect in a Contested Divorce Process

A contested divorce occurs when spouses cannot agree on the terms of their divorce. Here’s a breakdown of what you can expect throughout the process:

• Filing the Petition
  The process begins when one spouse files a divorce petition with the court. The petition outlines the grounds for the divorce and what the filing spouse is seeking (e.g., asset division, alimony, child custody).
• Discovery Process
  During discovery, both spouses exchange important documents and financial information. This includes bank statements, tax returns, property ownership details, and any other documents relevant to the case.
• Temporary Orders
  If needed, temporary orders may be issued to address immediate concerns like child custody, spousal support, or who gets to live in the family home while the divorce is ongoing.
• Mediation
  Mediation may be recommended to help resolve some issues without going to trial. A neutral mediator facilitates discussions between both parties, working to reach an agreement on contested issues like child custody or asset division.
• Trial
  If mediation or negotiations fail, the case goes to trial. Both parties present their evidence and arguments, and the judge makes the final decisions. This can be a lengthy process, often taking months to finalize.
• Final Judgment
  After the trial, the judge will issue a final judgment of divorce, outlining the division of assets, custody arrangements, and any other rulings. This judgment is legally binding.

How to Prepare for a Contested Divorce

Preparation is key to navigating a contested divorce successfully. Here are some tips:

• Organize Financial Documents
  Gather all necessary financial documents, such as bank statements, tax returns, property deeds, and proof of income. This will help in property division and alimony decisions.
• Know Your Rights
  Understand the laws surrounding divorce in your state, including how assets are divided, what determines custody, and what to expect from the legal process.
• Prepare Emotionally
  Divorce can be emotionally draining. Consider seeking support from friends, family, or a counselor to help you manage stress and anxiety during this time.
• Consult with an Attorney
  An experienced divorce lawyer will guide you through the legal process, protect your interests, and help you understand your rights and options.

The Role of Mediation in Contested Divorce Cases

Mediation is often encouraged in contested divorce cases as a way to avoid the costs and emotional toll of going to trial. Here’s how mediation can help:

• Encouraging Compromise
  Mediation provides a space for both parties to discuss their concerns and work toward a mutually agreeable solution. A trained mediator facilitates these discussions, helping each party express their needs.
• Resolving Issues Without Going to Trial
  Mediation is often effective for resolving issues like child custody, asset division, or alimony without the need for a lengthy and costly trial. If an agreement is reached, the mediator drafts a settlement for both parties to sign.
• When Mediation is Effective
  Mediation is ideal when both spouses are open to negotiation and compromise. It works well for parties who want to preserve a cooperative relationship, especially when children are involved.
• When Litigation is Necessary
  Mediation may not be effective if one spouse is unwilling to compromise or if there are significant power imbalances. In these cases, litigation and a trial may be the only option to resolve the divorce.

In conclusion, while contested divorces can be complicated, mediation offers an opportunity to resolve disputes in a less adversarial way. Being prepared and understanding your options will make the process smoother and less stressful.

Safeguarding Your Rights in a Contested Divorce

Going through a contested divorce can be emotionally and legally challenging. Our experienced Annapolis contested divorce lawyer is dedicated to protecting your rights and advocating for your best interests throughout the legal process. We understand the complexities of contested divorces and will work tirelessly to achieve a favorable outcome for you.

When you choose our law firm, you can expect:

• Personalized legal representation tailored to your unique situation
• Thorough preparation and strong advocacy in negotiations and court proceedings
• Clear communication and guidance every step of the way
• Compassionate support during this difficult time

Don't navigate the challenges of a contested divorce alone. Contact our Annapolis contested divorce attorney today to schedule a consultation and discuss your legal options.

Reach Out to an Annapolis Contested Divorce Attorney

If you are thinking of getting a divorce, we strongly suggest you contact an attorney. Divorce can be a complicated procedure. Engaging a skilled Maryland contested divorce attorney will help navigate you through this process. 
With over 25 years of experience, Attorney Nicholas T. Exarhakis will work hard to help you get the best possible outcome.

FAQ – Annapolis Contested Divorce

• How long does a contested divorce take?
  The duration of a contested divorce can vary depending on the complexity of the case, but it typically takes several months to over a year. The process involves discovery, negotiations, mediation, and potentially a trial. The more issues that need to be resolved, the longer the process may take.
• Can I get a divorce without going to court?
  Yes, it’s possible to avoid court through an uncontested divorce or mediation. However, in a contested divorce where spouses cannot agree on terms, litigation may be required to resolve disputes, and the case will likely go to trial.
• What are the grounds for a contested divorce in Maryland?
  Maryland allows several grounds for a contested divorce, including adultery, cruelty, abandonment, and separation for at least one year. These grounds help determine the legal basis for the divorce and the issues to be contested in court.
• Will I have to split everything 50/50 in a contested divorce?
  Not necessarily. Maryland follows an equitable distribution model, which means assets and debts will be divided fairly but not always equally. The court considers factors like the length of the marriage, each spouse's financial contribution, and the needs of any children involved.
• Can I change my mind during a contested divorce?
  Yes, you can change your mind at any stage in the divorce process. If you and your spouse come to an agreement at any point, you can resolve your divorce without going to trial. However, it’s crucial to discuss any decisions with your attorney to ensure it’s in your best interest.
• What happens if my spouse does not respond to the divorce petition?
  If your spouse does not respond to the divorce petition, the court may grant a default judgment in your favor. However, the divorce process will still move forward, and the court will likely address any unresolved issues, such as custody or asset division.
• How can mediation help in a contested divorce?
  Mediation can help resolve conflicts by providing a neutral space for both parties to discuss their issues with the guidance of a trained mediator. It can lead to an agreement without the need for a trial, reducing both time and legal costs.

Ready to take the next step? Contact us today at (410) 593-0040 or fill out our online form to schedule your consultation and protect your rights.