Should I Go to Court Against My Spouse or Ex-Spouse? | Divorce Law MD | Andalman & Flynn Law Firm
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Should I Go to Court Against My Spouse or Ex-Spouse?

Feb 9, 2017 | Divorce Law

By: Mary Ellen Flynn, Esq.

In a perfect world, spouses and ex-spouses would always be able to resolve their differences without court and litigation and instead would come to a settlement through Collaborative Law, Mediation or Negotiation. However, unfortunately, in many Family Law matters, there is an abuser, controller or stalker on the other side. From my 28+ years of being a divorce lawyer, you cannot negotiate with those type of persons. And when you try to negotiate with them, you literally feel like you’re going insane and you will either not settle or you would need to capitulate to resolve an issue. In those situations, you need to go to Court to get justice and a fair result.

In Court, there are procedures, rules and decorum that must be followed. As a result bullies, stalkers and abusers lose their advantage of intimidation and fear when in Court. And when you have a just cause, an excellent lawyer and follow the rules of Court, I believe you will win in Court. Also, in Maryland family law cases involving alimony, child support and child custody, you have the right to request the Court to have your spouse, ex-spouse or the other parent pay your attorney’s fees.

Court is also necessary when you need to enforce provisions of a Marital Settlement Agreement “MSA” (also known as a Voluntary Separation Agreement). Through Court you can obtain an Order compelling your spouse, ex-spouse or the other parent to comply with the Agreement; and if the Agreement is incorporated in a Judgment of Divorce, you have the right to have the other side held in Contempt of Court. Further, if your Agreement provides attorney’s fees for the prevailing party, you can ask the Court to have the other side pay for your attorney’s fees in enforcing the Agreement.

If you would like to discuss whether you should use Court or Collaborative Law or another form of Alternative Dispute Resolution, you can call us at 301-563-6685 and schedule a consultation with me or any of our other family law attorneys.

Contact the Divorce Attorneys at Andalman & Flynn in Maryland

Getting a divorce can be a painful and confusing process. At Andalman & Flynn we have lawyers who can answer your questions and assist you with the complex legal and financial matters of your divorce. You may call email me at to schedule a consultation with me or one of our other experienced divorce attorneys.

Fill out an online contact form if you need help with this or any other matters relating to separation and divorce in the Maryland.

Mary Ellen Flynn has over 28+ years of experience as a Divorce Lawyer. She has the highest attorney ratings by both Martindale-Hubell (“AV Preeminent”®) and Avvo (“10″) and has been recognized by Super Lawyers in Maryland every year since 2008.

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