A few common questions...
If you have more specific questions, please contact us and we’ll be glad to provide a phone consultation to learn more about your specific needs and if our services are a good fit.
Mediation is a voluntary dispute resolution method used in this context to resolve legal issues in a divorce or custody case. Our mediators are qualified Mediators and comply with Maryland Rule 17-101, et seq, which requires Mediators to complete a professional course in mediation and complete 40 hours of mediation training. They are also experienced family law attorneys.
The attorney mediator is a neutral party that does not represent or serve to help one party over the other. The attorney mediator will never “take sides” in the mediation. A mediator is different from a judge in that judges decide cases while a mediator helps resolve them outside of court. Instead of a judge making a final, binding decision which you may disagree with, the mediator’s role is to facilitate an agreement.
We recommend that you retain independent counsel to help protect your interests even if you arrive at a final and complete resolution. Our standard agreement terms include a short window for you to review the final agreement with your own lawyer prior to it being fully binding on you if you attend mediation without your own lawyer. You are not required to retain your own lawyer and many of our clients are able to reach a fair, commen sense, agreement and proceed with a divorce action pro se (without an attorney). Even if you do decide to hire an attorney, mediation can save you a lot of time and money because in many cases you can resolve all or part of your case prior to the need for expensive contested litigation.
In Maryland, a divorce is finalized through a court process known as an “absolute divorce.” In an “uncontested divorce“ the parties have already resolved the divorce issues but just need a judge to review and approve the terms of the divorce. Our Attorney Mediators will give you the information you need to file for the “absolute divorce” if you decide to apply without having a lawyer.
In order to obtain an actual Judgment of Absolute Divorce (what an official Divorce Decree is called in Maryland), you will need to file court papers and appear for a brief divorce hearing. We can provide you with the resources for you to prepare the court papers and answer any questions about going to court, but we do not attend court with you or on your behalf. You are encouraged to hire an independent lawyer if you do not feel comfortable filing court papers or appearing at the divorce hearing by yourself.
Each case is unique and therefore the professional time requirement may differ on a case-to-case basis.
Maryland law allows couples to come to terms on important issues prior to a final divorce. We call this a ‘legal separation’ which is a precursor to most divorces. But, you do not need to be divorced after a legal separation — many couples opt for a legal separation rather than a divorce for a variety of reasons, including if you want to keep working toward a reconciliation.
At Maryland Divorce Mediators, we can help resolve and create a legal separation agreement tailored to your needs, including resolving children’s issues, separating financial issues, and more.
“Divorce” or an “Absolute Divorce” is a specific legal term that is a type of judgment that must be signed by a judge in the county where you reside. A “Judgment of Absolute Divorce” is a final divorce decree in the State of Maryland. In virtually every case, the married parties to a divorce must go through a separation before the divorce can be finalized.
A separation is the general term for when couples have decided to untangle their romantic, financial, and cohabitation relationship. For couples (married or not) that have children or own assets together, coming up with a legal ‘separation agreement’ is a valuable tool to legally define the terms of the separation.
In Maryland, a physical separation is when each party resides at a different residence and they are no longer living together. Maryland has introduced a new divorce law that allows couples to undergo a legal separation (coming to legal terms on all issues) in order to be eligible for a divorce. This expedited process is called a Mutual Consent Divorce.
There is no waiting period to get divorced if you have a legal separation agreement. At Maryland Divorce Mediators, we help couples through the legal separation process so that if and when you’re ready, you can obtain the a legal divorce quickly/efficiently/without complication or drawn out legal back and forths.
If you and your spouse have come to an agreement on all issues but need help in finalizing your divorce, check out our Managed Mutual Consent package.
Again, this process is governed by you and your spouse. The average case we handle involves two – to – three mediation sessions which can be about a week or so apart. Plus, give us about two weeks turnaround time to draft and edit your agreement. So, in a typical case we work with parties for about 5-6 weeks.
Our Managed Mutual Consent Divorce package is a little faster because there is only one mediation session. For this package, most couples will complete the process in about 3-4 weeks.
The final divorce process can take another 4-12 weeks depending on your jurisdiction and the court’s availability to schedule and hear your case.
What our clients are saying...
Carroll County Client
“My husband and I got married later in life (both second marriages) and it just didn’t work out. We decided to use a mediator and it was a very good process. My first divorce years ago was very expensive and took a long time but I’m glad we found this mediator.”
- S. B.
“I called an attorney and he wanted a $5,000 retainer. I’m so glad I called you.”
- Baltimore County client
“Spending thousands of dollars on lawyers was not what we wanted to do at all…but we also felt like we had to use legal language in case it got messy in the future. Jacob walked us through the process and helped us draft the separation agreement. Was an increasingly easy process.”
- D. G.
How To Find Us
Conveniently located in Lutherville, Maryland!
Maryland Divorce Mediators is a service of Lutherville Law Group.