In Maryland, divorce laws define how marital properties and assets are divided upon the couple. The laws require a fair and reasonable split of the assets or a monetary award to balance out each party’s portion of the estate. Couples who aren’t familiar with the laws learn more about deciding who keeps the dog and other things during a divorce.

The Couple’s Ability to Reach an Agreement

Couples who agree on everything in the divorce agreement can achieve an uncontested divorce. There are several advantages to creating a fair and reasonable divorce agreement. It enables the couple to make their own decisions about their divorce without the court’s interference. They can sit down together and decide who gets all marital assets including the family dog. Child custody arrangements and parenting time decisions don’t require conflict. However, if the couple is unable to agree, the duration of the case could span out over two years. Some parties can and will drag out a divorce case for the full two years.

What Party Contributed to the Acquisition of the Assets?

Under Maryland laws, property division isn’t always equal. The party that contributed the most to the acquisition of an asset is more likely to acquire the asset in the divorce settlement. Receipts are reviewed to determine what party was paying for the assets or contributing to them. For example, if only one party was paying the mortgage payments, the court might give the property to the borrower. An exception is when the couple had a prenuptial agreement that explains how all assets are divided should a divorce occur. Petitioners who need additional information about marital property division can find more at shellyingramlaw.com now.

Was Adultery the Divorce Grounds?

Adultery as the divorce grounds could change the outcome of a divorce trial. Under the circumstances, the court could provide the opposing party with a greater percentage of the marital estate. However, in the cases, the party making the allegations must provide clear evidence to substantiate their claim. Evidence of an extramarital affair includes video footage, phone records, text messages, social medial messages, photographs, and emails. All evidence must be admissible in court and must show no signs of tampering.

Was an Asset Inherited?

Inherited assets are protected under Maryland divorce laws. If a family member left an asset to either party during the marriage, the opposing party cannot claim the assets or take possession of it in the divorce case. The assets are classified as separate property just like any asset that either party owned before they were married.

Discovery to Find Hidden Assets

Both parties are required to present a list of the marital assets, money they have on-hand, and details about bank accounts owned by either party. Discovery is conducted to determine if either party has made any attempts to hide assets and prevent the other party from finding them. Hidden bank accounts, safety deposit boxes, and any real property found in either party’s name are reported back to the court.

The Party that Receives Child Custody

The marital home is often awarded to the party that has primary custody of the child. Most courts don’t want to uproot the child if it’s possible, and the courts often give the home to the custodial parent for this reason. In some custody arrangements, the parents alternate who lives in the marital home according to when they have parenting time.

In Maryland, divorce cases require couples to create a divorce agreement that defines the division of marital properties. Under state laws, the division must be fair and reasonable, but it doesn’t have to be equal. Several factors determine what parties receive each asset, and if couples cannot agree marital property division is determined during a divorce trial.