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Mediation Helps You

Resolve your parenting plan (custody)

Control the outcome of your divorce

Reach an equitable financial settlement

Save money

Avoid the emotional cost of litigation

Unmarried Couples

Same-sex Couples

High Conflict Couples

Resources

Articles by Roslyn Zinner, LCSW-C

Maryland Resources

Web Resources

Q.  Do I need a lawyer to have a legal separation and/or divorce in Maryland?

A. No, it is not required.

Many people file "pro se" or representing themselves. For an uncontested divorce in which you have already reached a mediated agreement, this is not a difficult process.  You might compare it to the legal complexity of filing your own taxes.

To get an uncontested divorce you must be physically living apart for one year, without having relations with each other, with an intention to split up.  Many of our clients want to do as much as they can on their own, both to save money and to maintain control of their decisions.   At the appropriate time, you can file your own divorce, including custody, property, and support, by downloading the Court forms from their website and following their instructions.  One of you will still need to appear in person with a witness for your hearing even if you have an agreement.  The Courts in Maryland have tried to make all this relatively easy for people, and the forms are available free online.

If there are tax questions, you'll want to consult an accountant; if there are legal questions you'll want to consult an attorney, and if there are mental health questions you'll want advice from a specialist.  Your mediator cannot be an expert in these fields, so it is wise to bring the information you learn into the mediation session so that you can make informed choices.  You can create whatever schedule for your children you agree will work, and you can split (or not split) your assets any manner you both think is fair.  These decisions are often quite different than the way a judge or master would rule in your case.
 

Child support is one of the issues that many people find confusing.  In Maryland there are legally determined Maryland Child Support Guidelines that determine a recommended amount based on several factors.  When you do file for divorce, the Court will set child support according to the Guidelines.  Your mediator can calculate a close estimate of what that number will be.  Budgets for each person, (which are also required by the Court), are an important tool used in mediation to help you assess what each person can actually afford to pay or need to receive, based on your real life situation. Then you can consider whether you need to request that the Court permit you to "vary from the guidelines."  Your calculation and reasons can be included in your mediated agreement, or "Memorandum of Understanding."

For those who choose to hire an attorney, they can play a valuable adjunct role in mediation, advising their clients, reviewing their mediated agreement, and putting decisions into legal language.