Skip to content
  • Maryland
  • Virginia
  • Washington, D.C.

Divorce Lawyers

Thyden Gross and Callahan LLPCounselors and Attorneys at Law

301-907-4580
800-607-4588

 
 

11 Reasons a Divorce Agreement Is Better Than a Divorce Trial

When clients tell me they want a Divorce, I usually tell them what they really want is a Divorce Agreement (also called a Separation Agreement or Marital Settlement Agreement) for the following reasons.

  1. Residency.

    Before you can even file a Divorce Complaint, one spouse has to be a resident for a year in Maryland or, if the grounds for Divorce arose in Maryland then one spouse has to be a resident at the time of filing. Itís six months in Virginia and DC. There is no residency requirement for a Divorce Agreement.

  2. Grounds.

    You have to have grounds, or reasons for a divorce, before you can file a Divorce Complaint. But you can have a Divorce Agreement even if you donít have grounds for divorce yet.

  3. Separation.

    No-fault Divorces require a period of separation first. You can have a Divorce Agreement even if you are still living together.

  4. Cost.

    A Divorce Trial can cost $20,000 or more. You can get a Divorce Agreement for $5,000 or less.

  5. Time.

    It might be a year or more before you have a Divorce Trial, and thatís after you file your Divorce Complaint. You can have a Divorce Agreement today.

  6. Trial.

    The actual Divorce Trial itself can last a day or a couple of weeks. But if you have a Divorce Agreement, then an Uncontested Divorce Hearing takes about 20 minutes.

  7. Limitations.

    A Divorce Court Judge has certain limitations in what he or she can order placed in the Divorce Law by the Legislature. You are not restricted by these Divorce Laws in a Divorce Agreement.

  8. Detail.

    A Divorce Decree might be a page or two and leave many questions unanswered. But a Divorce Agreement can be as long as you want and cover every detail.

  9. Control.

    In a Divorce Trial, a Divorce Judge will make the decisions for you, and he or she is a stranger to your marriage. You can control the outcome with a Divorce Agreement.

  10. Privacy.

    A Divorce Trial is public and some of the information about your divorce is available on the Internet. A Divorce Agreement can be kept confidential.

  11. Appeals.

    Your spouse can appeal a Divorce Trial, but not a Divorce Agreement.

In fact a Divorce Agreement can give you almost everything a Divorce Trial can give you, except an order dividing pension plans ("QDRO") and the right to remarry. A Divorce Trial is the course of last resort, only when you and your spouse cannot reach a Divorce Agreement.

Need more help? Contact us now!

We Wrote the Book
on Divorce

File for Divorce in Maryland, Virginia, or DC

 
We accept Visa, MasterCard and American Express credit cards
© 2018 Thyden Gross and Callahan LLP. All rights reserved.