Our attorneys evaluate your case and determine which option from the below list is the best option to change the results in your case.

Motion to Alter or Amend Judgment:

You have ten (10) days from the date that the Clerk of the Court enters the Divorce Order into the docket to request that the same Judge alter or amend his or her judgment.  Your attorney must do this by formal Motion and your ex-spouse will have a chance to respond.  Usually Judges deny these Motions without a motions hearing, but if you are given a hearing you should know that these Motions are rarely successful.  Judges explain that they already considered this matter carefully before s/he made their decision and therefore there is no reason to change the decision.  However, this Rule states that the Court may open the Judgment to receive additional evidence, however, this up to the discretion of the Judge.  This is especially helpful if new facts or circumstances have occurred and it is clearly in the children’s best interests that the Judgment is changed immediately.

Motion for a New Trial :

You have ten (10) days from the date that the Clerk enters the Divorce Order to request a new trial.  This is done with our attorneys filing a formal motion on your behalf and your ex-spouse will have a chance to respond.  Usually Judges deny these Motions without a motions hearing on this issue.  Maryland Rules require that the party asking for a new trial be specific as to the issues that need to be re-litigated.

Motion for Revision:

You have thirty (30) days from the date that the Clerk enters the Divorce Order to file a Motion for Reconsideration.   This is done with our attorneys filing a formal motion on your behalf and your ex-spouse will have a chance to respond.  In the rare case, where there was fraud, mistake, or irregularity (ex: entered the wrong amount, incorrect fact or name, etc.), you can ask the Court to revise the Judgment/Order even after thirty days.  It is important to note that the mistake would have to be material to the terms of the Order and that the Court rarely grants a request to revise after thirty days.

En Banc Appeal to a Three Judge Panel of the Circuit Court:

You have ten (10) days from the date that the Clerk enters the Divorce Order to request en banc appeal. This is done with our attorneys filing a formal motion on your behalf and your ex-spouse will have a chance to respond.  There are a few procedural rules for this option to be considered including ordering a transcript of every hearing date pertaining to the disputed issues and to file an appellate Memorandum arguing your positions.  Our attorneys have vast experience in writing successful Memorandum at this level.   The big differences between En Banc Appeal and a traditional appeal is that the appeal is heard by three Judges of the same Court (or local Circuit in smaller jurisdictions) as opposed to Judges from the appellate courts, and the En Banc is faster and costs less.  There are disadvantages to taking an En Banc Appeal and those disadvantages should be discussed with our attorneys at length before deciding to file this type of appeal.

Appeal to the Court of Special Appeals in Annapolis:

You have thirty (30) days from the date that the Clerk enters the Divorce Order to file a Notice of Appeal.   This is done with our attorneys filing a formal motion on your behalf and your ex-spouse will have a chance to respond.  The Rules for this procedure are complex and detailed and it is your burden to prove that the trial Judge erred as a matter or law or that there was not substantial evidence on the record to support His or Her Honor’s findings.

Our lawyers can assist you by evaluating your chances of success if seeking or defending an appeal, provide you with a reasonable estimation of length of time and expense involved, and offer you guidance in making an informed decision on whether or not to file an appeal.

1.   Limited Divorce --- A limited divorce is not a divorce at all; instead, it’s a legal separation from bed and board – pending the outcome of the final divorce (called “Absolute Divorce” see below).  In a Limited Divorce spouses can receive relief from the Court on only certain specific issues.  These include: custody, child access, child support, exclusive use and possession of the family home, alimony, and attorney’s fees.  It is important to know, that property issues are NOT resolved at this time (pensions, 401ks, house, etc.).

a.     There are a few grounds or reasons that a Court can grant a Limited Divorce.

i.     No-Fault: A voluntary separation for less than one year is the only no-fault ground (this is the most frequently used ground/reason)

ii.     Fault: (1) extreme cruelty of treatment to the spouse or child, (2) excessively vicious conduct to the spouse of minor children, or (3) desertion that has occurred for less than 12 months.

2.   Absolute Divorce --- An absolute divorce is a real divorce and all issues (incl. property issues) will be addressed as a final determination of all your rights attendant to your marriage: custody, child access, child support, exclusive use and possession of the family home, alimony, attorney’s fees, monetary award, determination of marital vs. non-marital property and disposition of all marital property (money, pensions, IRA, personal property, cars, boats, etc.) and real property (house, vacation home, timeshare, land, etc.).

You must prove the elements of one of the enumerated grounds or reasons for an Absolute Divorce before the Court can grant you an absolute divorce. Those grounds can be organized as fault grounds and no-fault grounds.

• No-Fault Grounds:

o   One Year Mutual and Voluntary Separation (most commonly used)

o   Two Year Separation

• Fault Grounds:

o   Extreme Cruelty of treatment to the spouse or child;

o   Excessively vicious conduct to the spouse of minor children;

o   Desertion that has occurred for more than 12 months

o   Adultery

o   Insanity (with confinement in mental institution for 3+ years)

o   Incarceration (with confinement for 1+ year on a 3+ year sentence)

Only in very rare cases will the Court allow you to go forward with a Complaint for Divorce if you are living with your spouse, absent adultery or cruel/vicious conduct by your spouse.  It is important to talk to our attorneys to understand how some of the fault grounds are legally defined and what must be proven to the Judge as the legal definition differs from a lay (or non-legal) understanding.  In Maryland, you are allowed to “plead in the alternative” or state two or more grounds for a divorce even if they conflict with one another or seem contradictory.  Therefore, you can claim that you left the home voluntarily (no fault divorce) and that you were forced out by your spouse (fault divorce). It is smart to discuss the benefits and disadvantages to filing for a fault based with our attorneys.

1.     To start the Divorce process, either you or your spouse obtains a lawyer who writes and files a Petition with the court also known as a Complaint for Divorce.  This is a legal document that states why the spouse wants to divorce and how the spouse wants to resolve financial, custody, child support, and other issues.

2.     The lawyer or the court makes sure that the petition/complaint is served on the other spouse, together with a summons that requires that spouse's response.  There are specific Rules on how this must be done.

3.     Once the spouse receives the Petition, he or she has 30 days to file an Answer to the facts outlined in the Petition.

4.     When the Court receives the Answer, the Court will send a notice requiring the parties to attend a Scheduling Conference where the various services are ordered depending on the contested issues.  This is a ministerial proceeding where no evidence is heard and none is taken.  If custody is disputed the Court may order some or all of the following services:

• Custody Mediation (ordered as long as no domestic violence)
• Co-Parenting Classes (always ordered)
• Custody Evaluation by Court’s Social Worker/ Home Study
• Alcohol/Drug Screening
• Psychological Evaluation
• Attorney for the Children

If property or spousal support is disputed the Court may order some or all of the following services:

• Property mediation
• Property valuation/appraisal

5.     Early in the litigation, both sides will conduct discovery of facts and evidence from the other side.  To do this, the parties exchanges documents and information on issues such as property and income by the dates specified by the Court at the Scheduling Conference.  By examining this information, the couple and the court can decide how to divide up property and how to deal with child support and alimony and this information also facilitates in the settlement process because both sides (and both lawyers) have a much better idea of the evidence that will be presented at trial.  A good lawyer will objectively weight the evidence and pursue a reasonable settlement.

6.     A "Pendente Lite" (PL) hearing is typically scheduled within 3-4 months of the filing of the initial Complaint or 2-3 months after the Scheduling Conference. At the PL hearing, the Court can award temporary relief to either party on issues such as child custody, visitation, child support, alimony, attorney's fees, litigation costs, maintenance of health insurance and use and possession of the family home.

7.     Custody Mediation may be scheduled and typically occurs about 1 month before/during/after the Pendente Lite custody hearing.  Mediation is conducted by a certified and trained mediator who may be a lawyer, therapist, or social worker.  The mediator can help you both articulate your true concerns, what you really want for your child(ren), and get both sides to identify common interests in an effort to settle some or all of the child-related issues (legal custody, physical custody, child support, and child access schedules).

8.     A Custody Hearing may be set for a few months after the Pendente Lite hearing to permanently resolve the issues related to the child (legal custody, physical custody, access schedule, child support, use and possession of the home).

9.     The parties may reach a settlement at any time before the trial and the parties must attend a Settlement/Status Conference to help facilitate this process. A Settlement Conference occurs at the courthouse in a conference room and is presided over by a retired Judge of the Court.  No evidence is heard and none is presented.  The Retired Judge will listen to the positions of each side and offer insight or explanation.  Nothing will be recorded and nothing will go on the record.  All discussions are confidential since they are settlement discussions. If the parties settle, an agreement is put on the record and then typically there will be a 10 minute hearing to get the parties officially divorced.  Different Counties handle this differently so it is important to discuss the precise procedure for your County with our attorneys.

10.  If a settlement is reached outside of the Settlement Conference, the parties’ attorneys will draft a Settlement Agreement which is shown to a judge at Uncontested Divorce Hearing. The judge will ask a few basic factual questions and whether each party understands and chose to sign the agreement. If the judge approves the agreement, he or she gives the couple a Judgment of Absolute Divorce.  This Order memorializes the terms of your agreement but it is binding and legally enforceable until or unless another Order supersedes it.

11.  If all issues are not settled at the Settlement Conference, a trial will be scheduled for about 2 or 3 months later. In that time, our Office will prepare for trial using evidence and discovery collected – we will also continue to attempt reasonable settlement if the other side is open to it.  At the trial both sides will present evidence (testimony, documents, experts, etc.) to prove the case.  The Judge will decide all remaining disputed issues based only on the evidence presented.  At this point, a divorce is granted and the terms of the Order will be final.

12.  Either or both spouses can appeal a judge's decision to a higher court. But it's unusual for an appeals court to overturn a judge's decision. Also, remember that settlements usually cannot be appealed if the case was resolved by Consent (agreement of both sides).

It's hard to say how long all these steps will take in your case. The entire process can take from as little as a few months, to as long as two years, but most cases resolve in 11-14 months. Generally speaking, the more the couple can cooperate and agree to reasonable compromises, the smoother and faster the divorce will go.

Discovery is the phase of litigation in which both sides request information from one another. The purpose is to learn about each position taken by each side to facilitate a settlement or, if a settlement is not possible, to get as much information as possible to be used at trial.

There are two main types of discovery in Family Law cases: Interrogatories and Requests for Production of Documents. These requests must be made formally and sent to the other side or his/her lawyer.  Once received, the Maryland Rules state that you have thirty (30) days to answer.  There is a prescribed format for answering these discovery requests and you may find that you will need an attorney to help you ask for discovery and to respond to the other side’s discovery requests of you.  Please note that you are required to respond to these requests and failure to do so may result in various sanctions against you.
Not everything is “discoverable.”  You do not have to answer questions that seek irrelevant or objectionable information.  Also, privileged attorney-client communications or attorney work product is not a proper subject for discovery. You are wise to discuss what information is not discoverable with an attorney so that you do not risk sanctions for failure to comply.  At the Mulinazzi Law Office, we understand that the amount of information that will be requested of you is intimidating.  When we get discovery requests, our attorneys will work with you to determine what must be answered and what can be reasonably excluded.
There are other less used discovery methods.  For example, depositions, subpoenae, examinations, and Requests for Admissions.  A deposition is question/answer styled inquiry in a room with attorneys and a court reporter taking down every word that is said. The attorneys at the Mulinazzi Law Office prepare clients on how to listen to the questions and answer only the question that is asked.  Depositions are adversarial and it’s not a time to let your guard down. Requests for Admissions of Facts is a document that asks the other side to admit any material fact or the authenticity of a document that is to be presented as evidence during the trial.  This procedure facilitates the fair and efficient administration of justice by minimizing the time and expense incurred in proving issues that are not in dispute. A mental or physical examination of a party may be authorized by a court in the exercise of its discretion if a party’s condition is an issue in litigation, for example if an alleged alcoholic parent or mentally ill parent is trying to gain custody. Finally, either side can issue a subpoena to the other party or a third party requiring the production of specific documentation to be used as evidence at trial. All discovery is governed by the Maryland Rules and the attorneys at Mulinazzi Law Office are highly skilled at using discovery to compel and gather the information you need to prove your case.
If an opposing litigant won't answer or produce information, the court may order them to do so. If they don't, they may be found in contempt and the Court may bar them from participating in the trial and/or pay for your attorney’s fees associated with the discovery.

Maryland is an equitable distribution state which means that the court will equitably divide and distribute the marital property and liabilities in a divorce action.  Equitable means “fair”; it does not always require a 50/50 split.

Nevertheless, the presumption is that the distribution should be equal unless there is a justification for an unequal distribution. The court will analyze a number of statutory factors to determine if an unequal distribution of assets and/or liabilities is justified. Marital fault is only one of many considerations that a Judge will look at if s/he decides to unequally distribute the marital assets.

What to do it your spouse is spending the assets against your wishes? This situation occurs frequently in divorce litigation and there are a few different mechanisms to stop this spending up front or to account for the spending later at the divorce hearing.   If you or your spouse intentionally dissipated, wasted, depleted, or destroyed marital assets than the Court can consider that property as if it still existed and put those values into the equation in order to give you more of what is left.  Judges consider all the contributions of both spouses to the marriage, the length of the marriage, the circumstances that gave rise to the end of the marriage, all the financial resources of each party (incl. individual debts, inheritance, pre-marital assets, etc.), age, physical and mental health of each spouse, earning capacity, education, and other relevant factors.

How to divide assets equally. Equally dividing assets sounds easy, but it can be complicated at times. First, you need to determine what the marital assets and liabilities actually are, as the court cannot distribute non-marital assets. To aid the Court, both sides must complete a Court form called a Joint Statement of Marital Property so that both sides can discuss equitable division of all the assets.  Parties will not always agree as to whether certain assets are marital or not and the form allows for disagreement between spouses but ultimately, unless the parties settle, the Court will dish out the assets and liabilities.

In order to ascertain the value of property, experts are typically retained. However, good lawyers look for ways to help the spouses agree on values so they can save the cost of experts.  These include real estate appraisers, actuaries, business valuators and other individuals with specialized knowledge in determining the market value of various assets.  These experts can be retained by one or both of the parties.

The attorneys at the Mulinazzi Law Office are highly skilled at educating clients on the differences between marital and non-marital property and now the Court may divide these assets.  This is a great benefit to the client because the sooner the client knows the facts, the law, and the probable outcomes, the sooner the spouses and attorney can focus on the task of fairly dividing the assets in a manner that helps both sides.  In turn this reduces litigation costs and leaves more assets to be divided within the family as opposed to more of the money going to the lawyers, experts, etc.

Marital assets and liabilities include:

• Those assets or liabilities acquired or incurred either by one spouse or both during the marriage.  These include any assets or liabilities that one spouse may have been unaware of during the marriage but which came to light during the divorce process.  This could include a hidden credit card that one spouse was using that the other didn’t know about.

• Inter-spousal gifts during the marriage. For example, putting your spouse’s name on a premarital house is considered an inter-spousal gift and is no longer considered non-marital.

• All vested and non-vested benefits or funds either spouse acquired, contributed, or accrued during the marriage, such as 401(k) plans, IRA’s, pensions, profit sharing, annuities, deferred compensation, and/or insurance plans.  Any portion of a retirement account that was started prior to the marriage is considered non-marital but any contributions made after the marriage, since they were made with marital funds, is considered marital.

• Property held by the parties in tenancy by the entirety, such as the marital home titled in both spouses’ names, regardless of whether the home was purchased before or during the marriage.

• Property acquired prior to the marriage that has been comingled with marital property. For example, if one spouse received a lump sum payment from injuries sustained during an auto accident PRIOR to the marriage and deposited those funds into a savings account in which deposits and withdrawals were made AFTER the marriage, that account is marital property.  The Court will not try to parse out which portion of that is non-marital because it’s impossible to do so.

• The enhancement in value of a premarital asset resulting from the efforts of either spouse during the marriage. For instance, you had a premarital home and during the marriage the house was renovated and upgraded with marital funds and labor. The premarital home is now considered marital property subject to distribution.

Non-marital assets and liabilities include:

• Those acquired or incurred by either spouse prior to the marriage and which remained separated during the marriage and were not “co-mingled.”

• Assets acquired separately by either party by gift to only one spouse such as an inheritance.

• All income derived from non-marital assets during the marriage, unless the income is used or relied upon by you and your spouse during the marriage or co-mingled.  A pre-marital fund that remained in your name without contribution during the marriage may be preserved as a non-marital asset.

• Asset and liabilities excluded based on a valid written agreement between the parties, such as a prenuptial agreement.

• Liabilities incurred by one spouse as a result of the other’s forgery or unauthorized signature of that spouse’s name.
Determining assets and liabilities and their respective values can be a very effective tool in getting both sides to settle since after the parties has determined marital versus non-marital debt, it’s easier to come to terms with dividing up the property.