Divorce & Separation
In Maryland, there are two types of divorce: Absolute and Limited.
An absolute divorce ends the marriage permanently, permits remarriage, and terminates property claims.
A limited divorce does not end the marriage, does not permit remarriage, but does provide for support, and legalizes the separation. The reason one might want to seek a limited divorce is to get financial support while he/she waits for the final absolute divorce proceedings to conclude.
Maryland provides for the dissolution of a marriage with, or without, regard to fault. The former can be obtained if any one of the following grounds are met: Adultery; Desertion; Conviction of a Felony or Misdemeanor with Incarceration; or, Insanity. The latter can be accomplished when the parties of a marriage live separate and apart from one another, without cohabitation, and with the intent to end the marriage for a period of time. If the separation is voluntary, the time period is twelve months; if the separation in involuntary, than the waiting period is two years.
Most people agree to live separate and apart for twelve months. During that time, William M. Dunn will help you draft a Separation and Property Settlement Agreement which sets out the rights and responsibilities of you and your spouse.
Custody and Visitation
Maryland recognizes a joint and several responsibility of both parents to be responsible for the support, care, nurture, welfare and education of their child(ren). William M. Dunn will work with you to develop a schedule of custody and visitation that works best for your child(ren). The determination of custody and visitation is always based on the best interest of the child(ren).
Child Support
The amount of child support is governed by State statute. One MUST use the Maryland Child Support Guidelines to determine the correct amount of child support. Although this figure is determined by using guidelines and schedules, many situations can increase or lower the basic child support obligation owed. Such situations include, but are not limited to, health insurance premiums paid by one parent; sports fees; medical expenses, etc. Mr. Dunn stays current with Maryland Child Support laws, and he will sit down and talk with you at great length to make sure that you understand the laws, and receive, or pay, the correct amount of child support.
Spousal Support
Alimony is a court ordered sum of money paid by one party to the other in order to provide the economic means to deal with unmarried life. Need is the basis for alimony. There are two types of alimony - rehabilitative (or temporary) and permanent. Both are awarded on a discretionary basis by the Court, and William M. Dunn will use his understanding of the laws to fight for all the support you deserve and need.
Property Division
Disposition of property following a divorce in Maryland is controlled by the Marital Property Act. The policy embodied in the Act is that when a marriage is dissolved, the property interests of the spouses should be adjusted fairly and equitably, with careful consideration being given to both monetary and non-monetary contributions made by the respective spouses to the well being of the family. In addition, if there are children in the family, particular and favorite attention should be given to their interests.
When you make an appointment to discuss your case with William M. Dunn, you should bring your family's last tax return statement, and a net worth statement showing all accounts, pensions, assets and liabilities. Mr. Dunn will make sure you retain your fair and equitable portion of your family's assets.
Prenuptial Agreements
Prenuptial agreements are increasingly common for a number of reasons: (1) there is a greater economic and social equality between the spouses; (2) the high incidence of separation, divorce and remarriage; and (3) the issues of age, assets, and children which are brought to a second or third marriage.
A prenuptial agreement is an agreement between two persons who intend to marry each other, and who wish to preserve their separate property and estates, generally for the benefit of their own children by previous marriages, free and clear of any claim of the intended spouse. In consideration of marriage, the parties to a prenuptial agreement mutually waive all, or part, of their right as a surviving spouse to take against the will of the other, or to claim his or her statutory share in the estate of the other.
