Family Law Attorneys

Until recently, Maryland law required a one-year legal separation period for all couples seeking divorce except in cases of domestic violence or adultery. The clock starts the day that parties cease to live together, and starts over if they move back in with each other at any point. In 2016, the law was modified to allow couples with no minor children and a marital separation agreement (MSA) to forego the waiting period.

Technically speaking, no. You can choose to represent yourself in your divorce proceedings, but it’s not advisable. Divorce proceedings are complex and pleadings can be overwhelming. An attorney can ensure that your rights are protected through the proceedings, as well as the best interests of your children.

In Maryland, there are a number of fault grounds for divorce, including: adultery, domestic violence, and desertion. In cases of adultery and domestic violence, the one-year separation period can be foregone. In cases of no-fault grounds for divorce, Maryland law requires a one-year legal separation period or a mutual consent divorce if the parties have no minor children.

There are two types of spousal support granted by the Court. The first is “rehabilitative alimony.” This alimony is intended to be short term, supporting the recipient spouse long enough for them to receive the training they need to get back into the workforce and support themselves. The second type of spousal support is “indefinite alimony,” which tends to be awarded to spouses who are unable to work due to age, disability, or illness (physical or mental). Indefinite alimony is long-term. The Judge has a variety of factors to consider before granting alimony, so a disparity in income does not automatically mean you are entitled to alimony.

In an ideal proceeding, the parties are able to agree on a custody arrangement that suits both parties and the best interest of the child or children. However, that’s not always the case. When both parents love the children so much, child custody and visitation issues can be emotional and contentious. If the parties are unable to come to an agreement, the Judge will determine custody based on “the best interest of the child.” The best interest of the child depends on a variety of factors, such as: fitness of each parent, financial and employment considerations, and the closeness of the parents’ homes to one another and the child’s school.

Child support is determined based on the Maryland Child Support Guidelines.

Child support is Court ordered. If the non-custodial parent fails to pay child support, the custodial parent can pursue legal action. Action the custodial parent can pursue in Maryland includes: contempt of court, wage garnishment, and determination of arrears.

Yes. If both parties want to forego the cost and hostility involved in traditional divorce litigation, they can agree on mediation or alternative dispute resolution (ADR). In this case, both parties agree to work towards an amicable solution that’s best for everyone. The parties can work with a neutral third party mediator, and their attorneys have the role of advising them about the law and potentially hiring specialists to resolve tricky issues like child custody and division of property. Whatever is shared in a mediation cannot be used against either of the parties if the case is litigated in Court.