Divorce Lawyer in Rockville, Maryland
Divorce is a legal process, but it is also a personal one. Attorney Jane Ho works with you directly, in Mandarin or English, to settle matters as calmly and efficiently as the facts allow, whether the divorce is agreed between the spouses or contested.
Divorce & Family Matters
Uncontested divorce
When both spouses agree on the terms, the divorce can move quickly. We prepare the settlement agreement and the court filings, and in many cases no one needs to set foot in a courthouse.
Separation and settlement agreements
A written agreement covering property, debts, support, and, where there are children, custody and parenting time. A good agreement prevents disputes later.
Contested divorce
When the spouses do not agree, we represent you in negotiation, mediation and, if needed, at trial.
Child custody and child support
Custody arrangements, parenting schedules and support calculated under the state guidelines.
Alimony and property division
Spousal support and the division of marital property, including homes, retirement accounts and businesses.
Maryland, Virginia, DC and California
Attorney Ho is licensed in all four, so you can file where you qualify and where the rules fit your situation best.
Initial consultations are by appointment, at the office or on Zoom, and are scheduled by our legal assistant. A consultation fee applies and is credited toward your legal fee if the office takes your case.
Do I have to go to court?
For an uncontested divorce, often not. The rules differ by state:
Virginia
An uncontested no-fault divorce can be granted on written affidavits alone. Neither spouse has to appear in court, and since July 1, 2021 no corroborating witness is required. The court keeps the right to ask for testimony in unusual cases, but in practice the parties usually never go to the courthouse.
Maryland
A short hearing is still required, usually about ten minutes, at which at least one spouse testifies under oath. Many Maryland circuit courts, including Montgomery County, now hold uncontested divorce hearings by video, so you and your attorney appear on screen rather than in the courthouse, and the judgment follows in writing.
District of Columbia
Since January 2024, DC no longer requires any period of separation: the only ground needed is that one or both spouses no longer wish to remain married. A short hearing is still held, at which the spouse who filed answers the judge's questions; the other spouse does not need to attend if they signed a consent answer. DC Superior Court now holds many Family Court hearings remotely by WebEx, and uncontested divorce hearings are commonly conducted that way, although the judge decides the format.
California
With a signed marital settlement agreement, an uncontested dissolution is normally finished entirely on paper. A sworn declaration (Form FL-170) takes the place of testimony, and neither spouse appears in court unless the judge asks for it. California does, however, have a mandatory waiting period: the divorce cannot become final until six months after the other spouse was served or appeared in the case, and one spouse must have lived in California for six months, and in the county of filing for three months, before filing. Short marriages with no children and limited property may qualify for an even simpler summary dissolution by joint petition.
Court practices change from time to time. We will confirm the current procedure for your court before you file.
Common Questions
How long does an uncontested divorce take?
In Maryland, spouses who sign a full settlement agreement can file for divorce by mutual consent without any waiting period. In Virginia, a no-fault divorce requires a separation of six months if there are no minor children and a signed agreement, otherwise one year. In DC there is no longer any separation requirement, but one spouse must have lived in DC for six months before filing. In California the judgment cannot become final until six months after the other spouse is served. After filing, an uncontested case often concludes within a few months, depending on the court.
Is there a fee for the consultation?
Yes. Our legal assistant will tell you the current consultation fee when scheduling your appointment, at the office or on Zoom. If the office takes your case, the fee is credited toward your legal fee.
Do we both need a lawyer?
An attorney can represent only one spouse. Attorney Ho represents you and prepares the documents; the other spouse may review them with their own lawyer or sign them unrepresented, as they choose.
Will the documents be explained before I sign?
Yes. Attorney Ho goes over each document with you and explains it before you sign anything. The court filings are prepared in English, as the courts require.
What if we do not agree on everything?
Many couples agree on most points and need help with one or two. We work to resolve the open issues by negotiation or mediation before anyone considers a contested trial.