Divorce? first steps. Uncontested or Contested.No kids, no property, 4 yrs marriage,one car cosign.want to go in peace.

Asked over 1 year ago - Baltimore, MD

will be paying for remainder of car ,will be paying her rent,furnitures/household stuff she keeps, temp alimony till judge finalizes divorce. Want to make things peaceful and help her.
1)Will that make things better when judge decides? 1.5)will there be any permanent alimony for her? Trying to go for uncontested but she might go for contested divorce. I earn close to 80k and she earns close to 40k. She has graduate degree from reputed univ and always been employed during and before marraige.1.6) for this short term of marriage will there e any permanent alimony? if not how long do they mean by short term suppport generally.2)Do i have to move out first (will that be desertion)? 3)Do i file for divorce or make a separation agreement and then move out.? 4) seperation agreement how costly?

Attorney answers (2)

  1. David Raymond Mahood

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . You ask some really good questions. It is always best to act in a reasonable and fair manner. But what is reasonable and fair in any given circumstance can depend on many factors. For example, you ask if any permanent alimony is possible in such a short term marriage. There are ten factors cited in the Family Law code which a judge normally will consider when making a determination of longer term spousal support, and if the judge believes that other factors not cited in the code are relevant and important to making such a decision, then that judge has authority to take those other factors into account. Pendente Lite spousal support is simply to take care of temporary needs while both spouses are adjusting to the new status of living alone and with less family income and higher respective living expenses now that each person has to depend upon their own income to pay for the bills. For longer term spousal support which extends beyond the temporary Pendente Lite needs, those ten factors become important and must be taken into account. I could spend hours going over everything, and then still only touch the surface of the questions you have asked. Why not have an in-person consultation with an attorney, provide the relevant and specific facts and then benefit from good legal advice tailored specifically to your life and your individual circumstances? I would be pleased to help you. I am close by Baltimore, and I can meet with you in person in Baltimore, or you can come here to my office. You may reach me at (410) 381-1656. David Mahood, Esq.

    This answer is NOT legal advice and is GENERAL INFORMATION ONLY and does NOT establish an Attorney/Client... more
  2. David S. Delugas

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . Hire an attorney. At your income, you are going to be expected to do so. Given the short duration of your marriage and not having children and not acquiring property together during your marriage (hard to imagine nothing was purchased during your marriage), this ought to be straight forward and simple. Not being a Maryland attorney, I can provide direction, coaching and guidance, but not advice. I would not imagine her $40k income, not ceasing to work during the marriage, and able to support herself would provide any basis for alimony, before or after the divorce. If you can come to an agreement, with or without a mediator, perhaps, then you could do so (an attorney can advise you on the range of outcomes that would come from a contested divorce which might provide some parameters or guidance in terms of what would be reasonable terms for your agreement, but, still, it is your life and whatever terms seem good to you (and, to be an agreement, to her) are fine (some divorcing people become tight, others generous, and some in between). There is no prohibition on moving out and getting your own place, but the money is more of the basis for abandonment (given her income, no children, this is not likely, hard to imagine, to be an issue). Apparently, something makes you think she might go for a contested divorce, which brings negotiation skills into play. As a mediator, I can help coach you on approaching her with the terms you want without telling her what they are and inviting her to present you with what she wants. You remain in charge of the terms of any agreement you are proposing and of the course and direction of the case, paying heed to a skilled attorney (if you get one). Read up on the Sessions (limitations and terms) I offer for $79 during January.

    I am an attorney licensed in Georgia. I am not a licensed counselor or therapist. I am writing as an attorney... more

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