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Is Maryland a 50/50 Divorce State?

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Understanding Child Custody and Property Division

The question, “Is Maryland a 50/50 divorce state?” is a common and crucial query we encounter early in the divorce process. This question, while seemingly straightforward, requires a nuanced understanding, especially when it pertains to child custody and property division.

Maryland is not a 50/50 divorce state or a community property states. Instead, it follows the principle of equitable distribution, which means that property and assets are divided in a way that is fair but not necessarily equal. This approach allows courts to consider various factors to ensure a just distribution, rather than an automatic equal split of marital assets and debts.

Issue #1: Child Custody

In Maryland, when discussing child custody in the context of a 50/50 divorce, we refer to the equal sharing of a minor child’s time between both parents. If both parents are equally capable, willing, and prepared to provide a nurturing environment for the children, without any detrimental factors, a 50/50 custody arrangement is often the standard outcome. However, child custody judgments can be influenced by various factors, and it’s advisable to seek advice from an experienced child custody lawyer to navigate these complexities effectively.

Issue #2: Property Division

More commonly, the term “50/50” is associated with the division of property and finances in a divorce settlement. Unlike community property states, Maryland follows the principle of equitable distribution. This means that the division of property is intended to be fair, but not necessarily equal. The court’s role is to ensure a just division of marital assets and liabilities, considering factors such as the length of the marriage, each spouse’s health, abilities, financial needs, and potential future earnings. Marital misconduct and other relevant aspects are also considered.

Marital property includes assets acquired during the marriage, while separate property comprises assets acquired before marriage or through gifts or inheritance to one spouse. It’s crucial to differentiate these, as commingling can sometimes blur the lines, making separate property subject to distribution.

Related Questions

What is a Spouse Entitled to in a Divorce in Maryland?

In a Maryland divorce, spouses are entitled to an equitable share of the marital property. This division is based on various factors, ensuring that both parties receive a fair portion of the assets and are responsible for their share of debts.

How are Assets Divided in a Divorce in Maryland?

Assets in a Maryland divorce are divided based on equitable distribution principles. This division encompasses both assets and debts, identifying them as either marital or separate property.

Why Choose Petrelli Previtera?

Petrelli Previtera stands out as an Inc.5000 firm with a comprehensive understanding of Maryland divorce laws, ensuring customized solutions and exceptional customer service. Our approach is goal-oriented, focusing on collaboration and strategic planning. We provide top-tier legal representation, from negotiated agreements to complex litigation, aiming for the best outcomes for our clients.

Contact a Local Divorce Lawyer

For those facing the intricacies of divorce in Maryland, it’s crucial to have expert legal guidance. Reach out to us at Petrelli Previtera today. Schedule a consultation with our award-winning divorce attorneys in Bethesda, MD, and let us manage the complexities of your divorce, allowing you to concentrate on your future and your children.

Get Support From Award-Winning Maryland Divorce Lawyers

Petrelli Previtera is renowned as one of Maryland’s top divorce firms. Our founding partner, Thomas Petrelli, Jr., has an outstanding 10/10 Avvo rating, and our firm was listed as #2703 on Inc. 5000’s 2019 list. When you need proficient Bethesda divorce attorneys, we are here to protect your interests.

We Have The Answers You’re Looking For!

At Petrelli Previtera, we provide clarity and support throughout your divorce process. Our mission is to bring resolution and peace, regardless of the complexities involved. To determine if we’re the right fit for you, schedule a consultation with one of our lawyers.

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Alana Deverson

I just want to say GREAT JOB! She is a no nonsense professional with years of experience that qualifies her as a skilled Family Law attorney. She is seasoned, sensitive, and most of all she cares. She made things easy for me. Definitely recommend!

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Overall I was pleased with the results of my divorce case. The entire Petrelli Previtera team truly cares about their clients. Luckily for me, I was paired up with an amazing team helping all the way. If you happen to work with this firm and with the lawyers you’ll be in great hands. It was such an excellent service and it was beyond I expected.

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