andrei-blakely

Who Will Pay Child Support When Parents Are Not Married Or Are Divorcing In Maryland?

Mon, 11 Aug 2025 20:31:43 GMT

By law, the non-custodial parent usually pays child support. If parents have shared custody , the parent who earns the most money will pay because their income is higher. That means you could be obligated to pay child support based on two major factors: your income and the number of overnights you have with your children.

The court follows a formula in determining child support obligations , and that mathematical calculation is based in the law. They use a chart when looking at the number of overnights each parent has. Though there are some upcoming changes to the law related to the number of overnights required, 92 (or 25%) of the overnights is the threshold number to create shared custody under the law. If you have your kid for more than 92 nights and less than 104 nights, you have shared residential custody and could pay slightly more than you do if you have your child fewer than 92 overnights.

The court will also consider extraordinary medical expenses that one parent is paying, health insurance costs, and daycare expenses. A lot of parents want to use private school tuition, but that usually isn’t included unless the private school was recommended for the child’s disability or something like that. If the parents are earning over $30,000 a month combined, then the court has more discretion to make a decision about how much child support is appropriate because then they are outside of the guidelines. So, those are the basic ways that the court determines child support.

Will Child Support Be Awarded During The Divorce Process?

Child support can be ordered temporarily before the final custody trial at a pendente lite hearing or at the agreement of both parties. If one parent is awarded custody, that parent can file for child support outside the case if they didn’t ask for it in the case; or if it’s in the case, the court can set the pendente lite hearing and make a child support order. The parent who does not have custody would probably be the one paying child support. The court can backdate the child support to the date of filing in many cases.

Is There Ever An Age Where A Child Can Decide Who They Will Live With?

Mon, 11 Aug 2025 20:29:02 GMT

There is not an official age, though the common belief is 16. Once a child turns 16, they have a right to be emancipated legally, and that is usually enough for a judge to lay off a little in dictating who has custody. A 16-year-old can usually decide where they want to stay.

If One Or Both Parents Are Not Following A Parenting Agreement That’s Been Put In Place, What Can Be Done?

It’s inevitable that there are going to be some allegations and even real violations of an order. When that happens, the age-old remedy would be to file your contempt. It can’t just be a personal infraction; there has to be a legal infraction that you’re going after in terms of a contempt. After a few months, you’ll get a contempt hearing and be able to argue that the other parent is not following the schedule or has done something to violate the order. And in some cases, that works. The problem with a contempt is that you need to show two things: one, the other parent violated the order, and two, they have the ability to follow the order but deliberately violated it. Then, you need to also have a substantial remedy, and if you don’t have any remedy, a contempt is really useless. You might ask for fine or for makeup days. Some parents ask to change custody based on the contempt, though I’ve yet to see the courts do that.

There’s always an excuse for why the parent couldn’t follow the order that one time or those times. They might be able to purge their contempt, or at least get out of it without losing their custody rights. Contempt, therefore, isn’t always effective, though it is a mechanism the court has. Of course, if there’s been a serious violation, then contempt is the right way to go about it.

You can also file a motion to enforce an order, which is the less punitive remedy. This motion does often work to get compliance with the order. Another option the part has would be to file a modification of the order if it’s not working the way that it was written. And then, of course, there are emergency orders. Let’s say a parent is not returning a child and the child is in some kind of danger. You can file an emergency action to get the child returned or to get the contempt order followed. You can call the police if it’s that dramatic of a situation. Those things do occur, and a lot people will call the police first. You can do a welfare check with the police, but most people will take that emergency route first when they’re really panicking or when someone’s not following an order.

Even if it’s just a temporary order (not the final order at trial), it still is an order, and the other party has to follow it. If they don’t, then they can be brought to justice, so to speak, by the court. The courts. are usually careful before they start taking dramatic actions and will often seek a remedy, unless something more is warranted. If they don’t think it’s an emergency, they’ll just throw it into a regular case. I’ve seen the courts be very harsh at contempt hearings, and I’ve seen them back off with the contempt, so there’s no guarantee that you’re going to get what you want.

For more information on Child Custody & Support Law in Maryland, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 555-555-5556 today.

What Sort Of Visitation Agreements Can Be Awarded? Which Are Most Favored In Maryland?

Mon, 11 Aug 2025 20:26:40 GMT

Parents usually attend a parenting class, which instructs them on different options for visitation. Visitation and physical custody are two different terms that mean essentially the same thing. With 50/50 custody, you could share custody different ways. Maybe you do one week one then one week off. Maybe you do two nights with one parent and two nights with the other parent and then alternate those remaining weekend nights with the other parent each week. Maybe you do four days on and four days off, which works better when the child is younger. Children need a set routine for school, and those kinds of exchanges would make that difficult. That’s shared physical custody, and those schedules accommodate that.

When you’re talking about visitation, one parent has primary custody and the other parent has visitation, or what’s called access. Access schedules might include two to three overnights every other weekend (Friday to Monday, Friday to Sunday, or Saturday to Sunday). Some parents have visitation from Friday to Sunday every week.

In addition to the visitation schedule, you have other access schedules that might include things like dinner visits on off weeks. For example, if one party has every other weekend, they might have Tuesday and Thursday dinner visits on the off week. Those all are options that the court considers in making a schedule for visitation.

Several factors go into the court making these decisions, including geographic location, accommodations, whether there is suitable housing for the child at the non-custodial parent’s home, what kind of activities the child is involved in, whether the parents can communicate property, or any fitness issues with the non-custodial parent. These depend on the child’s age, as well. If the child is, say, 15, they have more of a say in where they want to spend most of their time. The child’s gender and any number of things all go into determining the proper access schedule for visitation. In some cases, it just doesn’t make sense to have a 50/50 schedule when there are different activities that the child does at home and there’s no reason to break those up. The law dictates looking at what’s best for the child in those determinations through evaluation.

It’s not always easy to get into a shared physical custody schedule compared to an access schedule, or you might only have visitation for a day during the off weekend, maybe a Saturday or Sunday afternoon. It depends on the allegations that are being floated and what accommodations are available. Sometimes, the access is supervised by social workers in a courthouse or another location that allows for supervised visits. They might allow a grandparent or the other parent to supervise that parent’s access. Those are the more restricted methods of access and visitation, which are not all that rare. The courts are definitely more restrictive when there’s been domestic violence, for example.

It’s important to note that some of this might be dictated by the wealth of the parents. If one parent can provide a certain type of access, they have much more flexibility to work with the court and everyone involved to have substantial time. On the other hand, it’s not as easy for parents without a lot of resources for accommodating the child or for making sure that they’re acting in the child’s best interest in terms of housing, feeding, and caring for them. Wealth does play a role in that.

How Is Custody Determined In Maryland When A Couple Is Divorcing?

Mon, 11 Aug 2025 20:25:15 GMT

Maryland Child Custody Questions

Maryland actually follows two common laws, or case laws, that dictate how custody is determined based on certain factors. The statutes don’t really possess those different factors for determining custody, though they do include preliminary requirements before you can decide custody (one example being that you have to be the mother or presumed father of the child). After you get into the case law, there are 25 or so different factors that the courts evaluate.

Types Of Child Custody In Maryland

There are two different types of custody in Maryland. The first is legal custody, which is decision-making about health, religion, education, and general welfare issues. There are multiple types of legal custody. You might have sole legal custody where you are the primary parent or, in other words, the parent who has the sole right to make the determination about decisions on issues and just tell the other parent what they have decided. In joint custody arrangements, the parents have to make an agreement before they can make decisions on those types of issues, and some court orders set a definite line between what types of decisions would trigger legal custody. Some have to be more serious decisions (like getting a surgery or braces) or major changes at school (like private school versus public school). Other court decisions do target more day-to-day legal custody decisions that both parents want to be involved in. Sometimes, a joint agreement has to be exercised before even minor decisions can be made. Legal custody always plays a big role when people want to get a passport and travel with their kids out of the country for vacation. I’ve had emergency motions where they want legal custody just for that purpose, and the courts are sometimes responsive to it.

One of the big factors in determining legal custody is the parents’ ability to communicate. If there have been domestic violence issues, a history of poor communication, or a refusal to communicate at all, the courts don’t feel as warm to a decision for a joint legal custody. Let’s say the parents are always hanging up on each other and not answering each other’s texts about the kids and things of that nature. The court will just give custody to one parent.

So, that’s legal custody, and then, there is also tie-breaking authority, which is more complicated. If the parties can’t come to an agreement in an issue, Maryland case law says that one party can have tie-breaking authority, meaning that parent has the ability to make the final decision after they’ve had mediation on the issue or deep discussions. Someone with tie-breaking authority could essentially have the ability to make the final decision, which is a controversial option in many cases now. Many clients wonder what the point is. Why don’t you just give me sole custody? Why would I have to have tie-breaking authority when you can just give me sole? Tie-breaking authority can play out differently when actual issues arise involving the children. A couple of years ago, tie-breaking authority was thrown around much more than I’ve seen recently, but I’m not saying it’s gone away. A lot of clients have started to be more reluctant to request it or to even accept it because it is essentially the same thing as sole custody in some ways.

The other type of custody is residential custody, the most common and understandable type, which determines where the child resides on a day-to-day basis. There are different types of residential custody, with one being shared, which is 50/50. The courts look at various factors to determine residential custody. Those factors include the fitness of each parent and whether they have a history of mental health issues, domestic violence, or substance abuse issues. They look at whether they are alienating the other parent or doing anything that seems to be unreasonable, inadequate, or mean-spirited. Fitness is a big factor because it has its own evaluation, which is not straightforward. It’s an intricate and detailed evaluation in cases where there is evidence of some of those circumstances.

Then, the court looks at the age of the children, the financial situation, and the material aspects the parent can provide for the children. They look at the distance between the parties and, again, how well they can communicate. These types of factors weigh in, though not all of them are triggered in each case. In some cases, only a handful of the 25 or 30 factors are triggered. The court takes the factors that will most affect the stability of the kids. That’s the standard when making these best interest determinations. What is the stability of the household and their ability to provide for the child? That, coupled with other factors, will form the basis of the court’s evaluations or analysis.

There are often modifications of custody when someone wants to change a previous custody order. In order to modify a case, you first have to prove that there has been a material change in circumstance that affects the general welfare of the child. That is a complication prior to even getting to the evaluation you are looking at with those factors and case law. In some cases, the kid has done something as they’ve gotten older that one parent doesn’t like or something. The court probably won’t find a material change and will deny that request. Even in situations where a serious problem with a child has already existed for several years, those cases are usually not accepted for modification by the court if one parent wants to change custody.

If a material change has been found, the second step in the modification process is a determination of the child’s best interest. These modification cases can be very difficult. But that’s after a divorce. Modification won’t come into play when a couple is divorcing unless there is a previous custody order. I had one case where the parents had a custody order, got married, and are now divorcing, so they have to modify one of their custody orders. Most modifications are post-divorce.

For more information on Child Custody & Support Law in Maryland , an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 555-555-5556 today.

Who Generally Has Custody Throughout The Divorce Process In Maryland And How Is That Determined?

Mon, 11 Aug 2025 20:22:57 GMT

In many cases, custody is contested right from the start. Unless the parents are choosing to have an uncontested divorce, they split from each other before the divorce, meaning one spouse will have to move out. When that happens, one parent, naturally, takes the kids, and that’s the initial process for splitting. Though it’s not gender-based by rule, the mother takes the kids in many cases. The natural relationship for that parent with the child remains, but the parent who doesn’t have the kids sometimes feels left out and will aim for fifty-fifty or full custody, even though the kid didn’t go with them initially. That’s the basis for many of the custody battles when the split leaves the kids with one parent, and they don’t have an agreement amongst themselves on how to see the kids. In other cases, there is an informal agreement between the parents regarding how the kids can spend time with the other parent, but it still often becomes unacceptable to the parent who doesn’t have the kids.

That situation remains until the court schedules a pendent lite hearing (a Latin term that means, essentially, temporary), which dictates who has custody up until the trial date (often several months away). It sometimes takes a couple of months to get the pendente lite hearing to begin with, so in those few months beforehand, the parent who has custody is establishing a routine with the kids, which will be hard to break with an order from the pendente lite hearing. That means one parent might have the inside track of keeping the custody, but not always.

The court intervenes at the pendente lite hearing unless they have some kind of a mediation, and that court’s decision is binding to the parents and can also include an order for child support. Aggressive attorneys will do whatever they can to get their clients involved in the child’s upbringing immediately after a split, if they’re not the custodial parent, so that their client won’t be blocked out after that pendente lite hearing or leading up to the divorce. If there’s no access until the trial, then it’s an uphill battle to get back in that kid’s life after those months that the kid was living with one parent.

In other words, that initial split dictates a lot, and the parent who doesn’t have custody at the time of the split needs to be aggressive in seeing their child. Sometimes it works, and sometimes it doesn’t. There are many circumstances that play into what the court does for those temporary orders, including any allegations about fitness or accommodation, which are often thrown in both directions. They don’t have a stable home, or They just moved into a friend’s apartment—any number of reasons that a parent will give as to why they don’t want their kids to stay with the other parent for extended periods of time. And, in most cases, that’s a symptom of the split, rather than of the parent’s fitness, though there are legitimate reasons for the requests at times.

That’s why an attorney is very important in ensuring the non-custodial parent is involved in the child’s life at the time of the split, so that parent isn’t facing an uphill battle to get back into the child’s life at the time of the trial.

Can The Amount Of Spousal Support Ever Be Changed? What Circumstances Might Call For Such A Change?

Mon, 11 Aug 2025 20:20:29 GMT

Alimony, just like child support, can be modified after a change of circumstances. In a marital separation agreement, some couples add language that establishes alimony, makes alimony non-modifiable (unlike with child support, you can dictate whether alimony can be modifiable), or waives it altogether. If both parties agree to waive alimony, they can never modify it or restart it. Non-modifiable alimony would be on fixed terms that can never be modified.

If you don’t have that language in your agreement or order, you could be making yourself vulnerable to a modification down the road. Your ex-spouse might try to hit you up for more alimony. If you had a trial instead of an agreement, then alimony could still be a possibility. Therefore, the language of your order or your agreement is very important.

For more information on Spousal Support in a Maryland Divorce Case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 555-555-5556 today.

Does Maryland Recognize Alimony Or Spousal Support In A Divorce?

Mon, 11 Aug 2025 20:19:20 GMT

Maryland courts do award alimony, which is the same thing as spousal support. The court has different ways of recognizing alimony or spousal support; the monthly payment can last for an indefinite time period or for a specific time period, or it could be a one- or two-time payment of some sort.

Parties can waive support. Some parties agree not to have spousal support and to never request it in the future. The law does not allow a person to request spousal support after it’s been waived. If the court finds that there is no spousal support order or no amount for spousal support, it’s also very difficult to modify that.

Spousal support is initiated based on the amount of income one spouse receives and several other factors, so, it’s usually a case-by-case determination. The other parent has to request it, and if they don’t, they won’t automatically get it at the time of trial. Spousal support also can be granted pendente lite, which is temporarily before the trial date, in some cases. So, it depends on the circumstances of the case about whether alimony is granted.

How Is The Amount Of Spousal Support Determined In Maryland?

There are several factors that play into the determination of spousal support. In addition to the income of each spouse, the court will also look at the circumstances that led to the destruction of the marriage, the financial situation of the parties, and the sweat equity or the amount of support the party has provided to the marital unit. Then, they have a catch-all factor that looks at anything else that should be considered.

If you look at Title 11 of the Family Law Article, you’ll see that a support obligation can be granted for any different number of reasons. Adultery is a big one. Overall, the court will look at the financial situation of the parties, the ability of a party to be self-supportive, the length of the marriage, the age of the parties, and their physical and mental condition. If one spouse is disabled or has an inability to work, that will be a factor. The court also tries to maintain the status quo of the parties based on quality of life that they lived during the marriage.

As you can see, the main factors involve the financial needs and resources of each party. Determining the obligation requires a very detailed analysis. There is also the popular defense of voluntary impoverishment when someone doesn’t want to pay alimony or wants the other party to pay. I’ve seen people accuse the other party of not working or stopping their work in an effort to receive that alimony or not pay. That defense comes from case law.

Is There Specific Criteria In Maryland When Considering Alimony Awards Such As Length Of The Marriage, Co-Assets, Adultery, Etc.?

One initial determination is whether child support is part of the case. The Court usually calculates alimony before calculating child support. The amount of alimony would be considered income of the payee and subtracted from the income of the payor for the calculation of child support.

When determining the amount of alimony, there are 12 or so factors that the court is required to consider. Factors include the ability of the party seeking alimony to be wholly or partly self-supporting, the time necessary for the parties seeking alimony to gain sufficient education or training to enable that party to find suitable employment, the standard of living that the party’s established, the duration of the marriage, the monetary and non-monetary contributions of each party to the wellbeing of the family, the circumstances that contributed to the estrangement of the parties, the age of each party, the physical and mental condition of each party, the ability of the party from whom the alimony is sought to meet their own needs while meeting the needs of the parties seeking alimony, any agreements between the parties, and the financial needs and financial resources of each party, including all of the income and assets, any awards in the divorce case, the nature and amount of financial obligations of each party, and the rights of each party to receive retirement benefits. Then, the final factor is whether the spouse who was a resident of a related institution as defined in the health article and from whom alimony is sought can become eligible for medical assistance earlier than would otherwise occur.

In relation to the answers to the 12 factors, the question that the court also has to deal with is whether they’re going to award temporary alimony, which can last two to five years, or permanent alimony, which can last indefinitely if the spouse needs more assistance. There are some issues that are considered in terms of the educational level of one of the spouses. Let’s say a doctor marries someone who doesn’t have the same level of training and then ends up supporting that person permanently. Also, people who are older or who have medical problems can get permanent alimony, while people who need additional training to get back on their feet can get temporary alimony.

Alimony takes on different forms, but usually the person who is paying alimony would have to have enough income to pay it. In some cases, the alimony is paid by covering the mortgage for the family home or something of that nature, so it’s an open field of how that spousal support is paid or what is paid for.

Under What Circumstances Can Custody Or Support Orders Be Modified In Maryland?

Mon, 11 Aug 2025 20:16:34 GMT

The general rule is that in order for a custody or support order to be modified in Maryland, there must be a material change in circumstances. For example, financial hardship due to the loss of a job, the addition or removal of certain expenses related to children (e.g. daycare), or a windfall of money are events that would likely qualify as a change in circumstances, and thereby warrant a modification to a support order.

The process of justifying a modification to a custody order is much more detailed. Specifically, it is a two-step process, whereby it must be established that there has been a material change in circumstances that is affecting the best interests or the general welfare of the child.

For instance, if one parent moves out of state, then the child might not be able to visit with that parent as often. Alternatively, a parent who lived far away could move closer to the child, and request additional time with the child. It could be that the children are poorly raised and are starting to exhibit dangerous behavior linked to a living condition, and there may need to be an intervention. For example, if a parent begins abusing substances or gets incarcerated, then that would warrant a modification to the custody order.

It is not always the case that the proposed change in circumstances is significant enough to warrant a custody order modification. Oftentimes, one parent will just be upset at the other, or just want the custody order to be changed. It is not easy to execute a modification to an existing custody order without clear evidence of a substantial change in circumstances that affects the best interests of the child.

Determining the best interests of the child requires a consideration of roughly 25 factors, including the fitness of the parents. If there has been no material change in circumstance but the fitness has deteriorated, that may not justify a modification, although it would be a concern. This is a source of frustration in some cases. Other factors in the determination of the best interests of the child include geographic vicinity, material aspects affecting the child, the age of the child, and the nature of communication between the parents.

How Often Can You Modify Child Custody In Maryland?

There is no limit to the number of times, or the length of time, during which custody modification petitions can be made. However, as you are required to show a change in material circumstances in order to justify that request, and prove the change to get it accepted, the number of opportunities for doing so may be quite limited.

That said, wherever there are significant changes in circumstances, custody can be modified. If a parent is hospitalized, loses or gets a new job, moves to a new home, or any other number of possible changes in circumstances that affect the well-being of the child, a custody change can be requested.

These changes must impact the wellbeing, or potential wellbeing, of the child, however. Not the convenience of the parents, or even the preference of the child unless they are older. Starting at 16, a child can make the request themselves for a change in custody as well but will need to provide reasons beyond a preference for doing so.

What Forms Do I Need To Modify Child Custody In Maryland?

While it is possible to fill out your own forms to request a child custody modification, it is probably wiser to have a lawyer do so for you. Incorrectly filling out the forms, missing deadlines, or missing attached documents can all cost you your chance at a better custody arrangement.

That said, if you do wish to do so yourself, you’ll have to start with a DR-7 form (domestic relationships form 7), assuming there is already a custody court order in effect in which you were either the plaintiff or defendant.

To this, you will need to attach the original court order, as well as the current addresses and phone numbers of both yourself and the other parent (or other plaintiff or defendant in the original case).

Once you have filled in all the relevant information, you will need to indicate the change in material circumstances that motivates your request to modify the current custody order. Remember, these changes need to be significant, as does the impact on the child’s well-being if you wish to have a chance at a new arrangement.

Can One Parent In Maryland Stop The Other From Seeing Their Child?

In Maryland, unless the court has deprived one parent of their visitation rights, it is impossible to legally prevent contact between a child and their parent.

During divorce proceedings, courts will consider and resolve the issue of child custody for any children of the couple. This could result in sole custody, or shared custody, for both legal and physical custody of the child. Even in cases of sole custody, however, the court will generally require that a visitation schedule and arrangement be reached so that the child can continue to see both parents. With some exceptions.

In cases of truly violent, dangerous, or heinous acts, a court can deny the parental rights of the abuser, including depriving them of visitation rights. This is not done lightly, however.

It is also the only way to prevent a child from seeing their other parent, legally. Physically preventing them from doing so within the bounds of their visitation agreement without permission from the courts is a crime.

Can A Request Or Petition To Modify A Decree Be Challenged Or Opposed?

A request or petition to modify a decree can absolutely be challenged. In court, one party could deny every single thing the other party claims, and they could file their opposition to the court. Often, cases involve heavily contested issues.

What Factors Affect The Division Of Property Or Assets In A Maryland Divorce Case?

Mon, 11 Aug 2025 20:13:56 GMT

One of the key issues affecting the division of property or assets in a Maryland divorce case is what happened to cause the split such as provable adultery in the marriage. Other factors include the length of the marriage, efforts at maintaining the marital structure, the financial situation of the parties, and the contributions of each party to the marriage. In many cases, it comes down to a 50/50 split.

How Do Courts Handle The Division Of Debts In A Divorce?

I’ve not found many cases where the court has the requirement to designate debts or payment of debts in a divorce, with the exception of attorney fee debts. If there is a lot of money available and someone has been egregious or totally irresponsible, then that would fall under the factors or the circumstances of dissolution of marriage, and things of that nature weigh into the percentage of the monetary award. Sometimes it’s a 50/50 split, and sometimes it’s a 60/40 split, but in terms of designating the payment of debts, I’ve not seen a court or anything in the law require debts to be allocated at the time of divorce. Usually, the property award is allocated, and that means the equity in the house, the retirement, etc. are split.

How Is Custody Determined In Maryland When A Couple Is Divorcing?

Mon, 11 Aug 2025 20:12:13 GMT

Maryland statutes contain a preliminary requirement before deciding custody, which is that the parties must be the presumed parents of the child or children. In terms of case law, there are about 25 different factors that the courts evaluate when determining custody.

In making custody determinations, the standard is always what is in the best interests of the children.

There are two different types of custody in Maryland: legal custody and residential custody. Legal custody is about who has the authority to make decisions regarding the children’s health, religion, education, and general welfare issues. Sole legal custody is when one parent has the sole right to make these determinations, whereas joint legal custody is when both parents must reach an agreement regarding these determinations.

One of the big factors in determining legal custody is that the parents have to be able to communicate. If the parents have domestic violence issues or there is a history of poor communication or refusal to communicate (e.g. parents hanging up on each other, ignoring text messages, etc.), then the courts may not welcome a decision for joint legal custody, but instead opt to give sole custody to one parent. Legal custody always plays a big role when people want to travel with their kids out of the country for vacation. I’ve handled emergency motions for parents who wanted legal custody for the sole purpose of travelling with their children out of the country. In some cases, the courts are responsive to it.

Some court orders set a definite line between what types of decisions would trigger legal custody. For example, it might have to be as serious as whether the child will have a surgery or get braces, or go to private versus public school. Other courts will determine that even minor decisions trigger legal custody. There is also tie-breaking authority, which comes into play when under a joint legal custody situation, the parents cannot agree. Maryland case law says that under such circumstances, one parent can have tie-breaking authority, which means that parent would be able to make the final decision after a deep discussion or mediation over the issue.

Many people don’t see the point in having tie-breaking authority as opposed to sole legal custody. The reason is because it plays out differently when actual issues arise involving the children, but it does seem less common these days. A couple of years ago, tie-breaking authority was thrown around much more than it is now in my experience, but it has not gone away. I think a lot of clients have started to be more reluctant to request it or even accept it, because in some ways, it is viewed as essentially the same thing as sole custody.

Residential custody is the most common and understandable type of custody, which determines where the child will reside on a nightly or day-to-day basis. In determining who will have residential custody or whether is will be shared 50/50, the courts will consider dozens of custody factors. These factors include the fitness of the parents, which is an analysis of whether the parents have mental health or substance abuse issues, whether there is any history of domestic violence, and whether one parent has alienated the other parent. Fitness is a big factor, and it has a less-than-straightforward evaluation that is quite intricate and detailed.

The age of the children, the financial situation, the material aspects of the parent that can provide for the children, the distance between the parties, the communication between the parties, and the stability of each parent’s household will be considered as well. In some cases, only a handful of the factors are triggered, so the courts consider the ones that most apply to the case at hand.

Is There An Age At Which A Child Can Decide Who He Or She Will Live With?

There is no official age at which a child under 18 can decide who they want to live with, but the common belief is that once a child turns 16, they have a right to be emancipated legally. In some cases, that is enough for a judge to lay off a little bit in dictating who has custody, and may let the 16-year-old have more say in where they want to stay.

Is There Any Benefit To Filing For Divorce Before Your Spouse In Maryland?

Mon, 11 Aug 2025 20:11:01 GMT

Cases involving custody and property issues can take a year to resolve, which includes mediation and status conferences before the trial date. There may be PL hearings within a month or two of the scheduling hearing, and a status conference may be held about a month later. Many of the steps in a divorce case depend on different factors, children and property being the ones that most influence the timeline.

The person who files first does have some advantages, but these advantages may or may not make a big difference depending on the circumstances of the case. The main benefit is that the person who files first controls the tone of the case and sets the initial issues. The person who files second has to respond to those issues, and even if they file their own complaint or a counter-complaint, they would still be reacting in some ways to their spouse’s complaint.

Another problem with deciding not to file first is that you have to wait for the other person to file. If you want to get the process moving, then waiting for your spouse to initiate the process might not be ideal.

There are possible disadvantages. The person who files first also presents their case first to the judge in a trial, and the other person would have to present their case after dealing with all of the evidence presented by their spouse. Depending on the issues at hand, this could be problematic for the person who files first, because they may inadvertently build the case for the other party. A good strategy and preparation can prevent those problems.

A case-by-case evaluation is necessary to determine whether filing first is the best option.

What Happens After One Party Files For Divorce Up To The Time The Divorce Is Finalized?

Once the divorce has been filed, the court will issue a summons within one to two days. In the olden days before COVID, we were able to wait at the courthouse for the summons to be presented the same day, and that would enable us to serve the opposing party with a summons in complaint. During COVID, most of it is done by mail or electronically. If it is done electronically, then it will only take about two days; if it is sent via the mail, then it could take about a week.

Once the opposing party receives the summons from a Sheriff or private process server, the case will have officially begun. The party who served would file an affidavit of service, and the opposing party would be on notice and usually have about 30 days to respond. This process can be very efficient and take only a week or two depending on how available the other party is and whether a Sheriff or a private process server is used to serve the summons. It can take months if the other party refuses service or cannot be located. It can be hard to find people sometimes, especially if they have moved out of the state or have not been in contact with their spouse for months or years. Once the affidavit of service is filed, the court will schedule a scheduling hearing to take place about three or four weeks later. This scheduling hearing will set the dates and services for the case.

Depending on the amount of property to be divided (e.g. houses, cars, retirement accounts, etc.), it could take another six months to get a property trial after the custody trial. Of course, disputes can arise along the way, and there can be discovery each step of the way.

What Are The Options To Proceed Through A Divorce In Maryland?

Mon, 11 Aug 2025 20:09:25 GMT

The fundamental option to proceed through a divorce in Maryland is to file a complaint for divorce in the circuit court of that jurisdiction or county. The complaint should be based on one of several grounds, mutual consent, six (6) month separation and irreconcilable differences. The process of filing for divorce essentially sets the tone for the court to follow. There are other things that could happen along the way, such as mediation, which would be grouped with a mutual consent divorce. If the parties come to an agreement through mediation, they could convert it into an uncontested, mutual consent divorce that they sign off on and agree to on the record, which is the easiest and fastest way to get a divorce.

A custody trial could occur prior to or after the final divorce hearing, as could a pendente lite (PL) trial, which would give temporary support and solutions for custody, payment of suit money, spousal support, or child support. All these things can work together; it is not necessarily the case that one is done at the exclusion of the others.

What Factors Should Be Weighed When Deciding Any One Option Of Divorce With A Client?

A number of factors should be weighed when deciding how to proceed with divorce, such as whether there are children involved, whether the parties own property, how much money each party earns, whether any domestic violence has occurred, how long they’ve been separated, and whether there are any mental health issues present in the case. Another factor to consider is whether one party needs alimony and/or spousal support and if so for how long. Of course, there are legal factors to consider during custody determinations, as well as marital property separation laws to factor in.

How Can I Prepare For An Impending Divorce In The State Of Maryland?

To prepare for an impending divorce in Maryland, the best thing to do is consult with an attorney as soon as possible. An attorney can provide essential advice from the start to put you in a position where you achieve the best result for yourself, and defend against the biggest downside to a pending case. You might also write down your reasons for wanting to get divorced, and determine whether there is any room to resolve the dispute with your spouse and stay married. Is there adultery going on in the relationship? Is there domestic violence? What type of custody arrangement do you prefer? Do you own any property, and if so, how do you want it split? The other thing you have to consider is whether or not you want to cease discussions with your spouse on any of these aforementioned issues before you have a court case underway in order to protect yourself from the possibility of giving them too much information that could jeopardize your case at a later stage.

Should Anyone Ever Try To Navigate A Divorce, Alimony, Custody, Or Child Support Matter On Their Own Without An Experienced Family Law Attorney?

Mon, 11 Aug 2025 20:06:39 GMT

A lot of it is personal preference. You should work with someone you can talk to and whose recommendations you will follow. There are many different types of family law attorneys , and a lot of attorneys do family law cases; if they’re licensed, there is a presumption that they’re qualified to work on the case. Some attorneys may have more experience in family law than others, but still, the law is the law, and some clients feel more comfortable with certain people for whatever reason.

The cost is something to consider, as well. There are some services that provide cost relief since only a fraction of people looking for a real family law attorney can actually afford one. Attorneys will offer incentives and reduce their prices. But you’re still looking at a substantial amount of money for any family law case due to the regular market rate per hour for that attorney. The reality is it’ll be a lot of money for the divorce and then more money for modifications, etc. People trying to handle their own cases is a symptom of the expense; I’m sure most would want to work with a good attorney if they could.

I offer some competitive reduced rates to clients to get them to point B with some assistance, but it’s not ideal in terms of the full representation that other more expensive attorneys from a firm would provide. I’m a solo attorney. A solo attorney is a great resource for clients who need certain questions answered and need assistance with some services but who don’t want to pay the expense or can’t afford the fees that bigger firms would charge. I handle full cases as well.

As a general rule, it’s hard to label someone a good versus bad attorney. Lawyers come in all shapes and sizes. Some attorneys are a gift to one client and terrible for another. Overall, an attorney should be available to listen. It’s especially important for a family law attorney to be able to understand the client’s issues and advise them.

In some cases, there is such an issue that no amount of money spent on your attorney will get you what you want. That might happen when one parent has a pretty substantial downside and is attempting to acquire custody from a parent who doesn’t have any downside. While you shouldn’t consider those defeatist issues, you would want an attorney who will tell you what they believe, in all reality, is going to happen.

The more difficult issues and impossible requests are the ones that lead people to cast blame on the attorney or the judge or the process, and in those circumstances, it’s not fair to judge an attorney for the outcome. You have to separate the difficult issues from the more reasonable requests. Even with some reasonable requests, you’re still dealing with intricate attorney services that will have to be provided. The client who’s looking for an attorney has to determine, first and foremost, whether they’re making a reasonable request; then they need to determine what their price level is in terms of how much they’re going to spend because these cases can be very expensive. Once they’re ready to look for an attorney, that should consider the attorney’s background and experience level, in addition to how comfortable they feel talking to that attorney and what they would or would not want to share with them (what’s off limits).

If they can find someone who can work with them under those terms, I think that they would be successful in getting to point B. (Point A is hiring the attorney and getting the case up and running, and point B is getting an understandable outcome based on all of the issues.) Point B can come about in different ways. Some attorneys are aggressive and create a big storm by kicking up some dust and causing lots of people to react, to varying degrees of success. That’s what some clients want. The attorney’s style is another piece of the analysis when looking for an attorney.

Finally, if a person has a serious problem that needs to be rectified or remedied, then they need someone who is available, based on their schedule, to act ASAP. Some attorneys are so booked that they’ll be passing the case off to other people or they’ll be pre-occupied, meaning the level of emergency would be shuffled about a little bit. So, the attorney’s availability should be a big piece in any evaluation. Overall, considering the cost, your level of comfort with the attorney, their experience level, and their availability makes a good start in finding an attorney to help you.

What Final Family Court Orders Can Be Modified In Maryland?

Mon, 11 Aug 2025 20:04:56 GMT

You can modify child support and custody . Per law, those areas of a family law case are always modifiable. You can modify alimony if there’s no prohibition on that modification. There’s no language to allow you to modify a divorce order, meaning you won’t be able to change an order for the property split unless there’s some kind of an error. You can appeal, but you won’t be allowed to modify anything unless your ex-spouse agrees.

Can Child Support Payments Be Reduced If My Income Has Dramatically Gone Down?

If your income has been reduced by 20 to 30% or so, you have grounds to modify. If you’re suddenly paying additional money for daycare, health insurance, or any extraordinary medical expenses, you can also modify based on those new expenses. You have to be careful and make sure your income and overall financial situation changed. If you won the lottery and quit your job, you would have a difficult time modifying the case based on lost income.

Can Child Support Be Increased If The Payer Is Making Substantially More Money Now Than At The Time Of The Judgment?

Child support can be increased whenever there’s a ground called a material change of circumstances, either with additional money or less money. A substantial increase in money would warrant a modification just as a substantial decrease would.

I Pay Child Support, And My Income Remains The Same As At The Time Of The Divorce. Can I Get A Reduction In Child Support If My Parenting Time With The Children Substantially Increases?

If the parent who did not have sole custody assumes custody of the child, he/she would be entitled to a reduction in support and he/she would possibly be entitled to receive support payments. The non-custodial parent is obliged to pay child support to the custodial parent. In another scenario, if the parents start to share custody at a 50/50 level, that also could change the calculation of the child support compared.

Does The Same Rule Regarding A Material Change In Circumstance Apply To Maintenance And Alimony In Terms Of Modifications?

A material change of circumstances is the general catchphrase for any modifications of both alimony and child support. Once the court determines a change of circumstances for cases such as child support, that automatically triggers a recalculation of support orders. The alimony law is just a different evaluation than the child support law, but since they essentially both deal with the amount of money, you have grounds to initiate the case when there’s a material change of circumstances.

What Does The Court Consider A Substantial Change In Circumstances When It Comes To Modifying A Custody Agreement?

There are maybe 25 to 30 custody factors that the court looks at to determine what’s in the best interest of the child. But before they get to that, they have to first determine whether there’s been a material change of circumstances. When it comes to custody, the change has to affect the best interest of the child, so it’s usually something pretty significant like a parent moving out of state or across the country. That’s a very common change of circumstances.

Other changes that could substantiate a modification depending on the circumstances might include a child’s performance in school or the child’s health. A parent with deteriorating mental or physical health or a substance abuse issue could also count as a significant change, as would any domestic violence issues that could occur between spouses or between the spouse and a third party in front of the child—that would mean the home the child is living in is no longer the best environment for them. Overall, if the child’s not being cared for in a safe manner, the court will consider a modification.

Once it’s established that there’s been a change in circumstance, the court still has to make the best interest determination using those factors in determining what kind of new custody arrangement is best. Again, they won’t even do this second part of the evaluation unless they can find a change of circumstances, even if there are screaming reasons for doing it. Let’s say your child is very upset, but the court can’t find that any other circumstances have changed; you’re likely not going to get a modification. It’s a very complicated and unique two-step process.

I’ve Heard It’s More Difficult To Modify Custody Within The First Few Years Following A Divorce. Is There A Certain Standard To Follow?

Mon, 11 Aug 2025 20:03:16 GMT

For modifications, it doesn’t really matter if the parents weren’t married or if they were married but have been divorced for so long. The circumstances that change could happen at any time. Some parents will move right after their divorce, so there’s no timeframe for modification.

In some cases, a parent might need a bit of time to determine there’s a problem. Maybe they’re still really upset with the other spouse, or maybe they didn’t fully appreciate the conditions in which their child has been living at first. When they do see a problem, they want to build the case. Furthermore, some parents hawk over the other parent: They’ll follow them, they’ll make sure that they’re doing everything they want properly (especially for young kids), and they’ll act as monitors. Those kinds of parents are waiting for an opportunity to modify that order as soon as they can because they didn’t like the divorce order to begin with. Overall, modifications will depend on the circumstances of what happened, whether that’s the day after the divorce or 15 years down the road.

What Is The Process To Modify A Support Order? Do I Need My Original Attorney Or Can I Attempt To Modify On My Own?

There’s no rule that says you have to have an attorney. If your divorce case was ten years ago, you don’t necessarily need to go dig up your old attorney, but if they’re still available, they will probably be a great resource due to their knowledge of your divorce or custody trial. Some people will have multiple attorneys after their divorce. Others will need a break after spending $70,000 in the divorce and will try to file a modification on their own using the self-help services at the courthouse.

Modification may look easy on paper, but it can actually be complicated due to the two-step process, which is why consultation can be beneficial. You need to make sure you have the grounds; otherwise, you could file and then end up paying the other party’s attorney’s fees when they come back with a strong defense. In some cases, it’s so obvious that there are grounds that it’s not a problem, but these more detailed situations call for guidance. If you had a good relationship with your prior attorney , that would probably be the first person to call, though it’s really a preference issue.

What Are The Benefits Of Hiring A Qualified Attorney?

Your natural belief that you can make things better by modifying a custody order can sometimes be a barrier when it comes to using the right language or getting the correct issues in front of the courts. If that were to happen, you’re stuck with an open case, and you’ll need help. Modifications are not something to casually play with.

It’s also important to think of your child. Ask yourself: Will they be able to go through this whole process? Is the modification request coming from a place of anger with your spouse or out of a genuine interest in caring for the child? Then, ask yourself: Can I modify this on my own? Some people do modify it on their own, and the judges will work with them—it’s not impossible to do. But as a rule, I tell people not to overlook legal help unless they have legal experience or unless they think it’s a simple issue (like someone’s moving or things of that nature that are very straightforward). Even then, I recommend talking to an attorney first.

What Factors Affect Division Of Property Or Assets In A Maryland Divorce Case?

Mon, 11 Aug 2025 20:02:10 GMT

The overall factors that determine division of property are similar to those for alimony. One factor is the reason for the marital unit to disintegrate. Whenever we have adultery in a case, I know that could affect both alimony and the equitable split of their property. Other factors that the court looks at in determining an equitable split are the length of the marriage, the efforts at maintaining the marital structure, the financial situation of the parties, and the contributions to the marriage.

In many cases, the court will decide on a 50/50 split. Courts usually don’t make a lot of splits based on the debt acquired by each person, unless the debt comes from attorney’s fees or something similar. Debts accrued during the marriage are usually the responsibility of both parties.

What Happens To Property Or Assets That Were Owned Before Marriage?

Those properties are usually not part of the divorce distribution. Separate, or non-marital, property includes property owned beforehand, gifts given to that person, and inheritance. Those assets are not subject to be split during a divorce and will remain with the party who they were given to or who owns them. In a case where a house was purchased before the marriage but used marital money to pay the mortgage or upkeep for a substantial time period, the marital portion of the house can be split if it’s traceable to the marital money. Some people will add their spouse as an owner when they refinance a home, but that involves an agreement to change the status of that property. In general, a separate asset purchased before with no comingling of any marital resource for support will remain in the ownership of that one spouse.

Who Will Keep The House In A Baltimore Divorce?

In Baltimore, as in the rest of Maryland, couples are first given the chance to come to an agreement on how any common assets will be distributed. Unless the home was entirely purchased or owned by one member of the couple before they were married, the house or home will be part of the property that needs to be divided.

This is often done through mediation, during which couples will have to make compromises and decisions to reach a fair distribution. Fairness is important, not equality. Maryland does not impose or require a 50/50 separation, but it does require a “fair” one, if a judge believes an agreement, even a voluntary one, is unfair, they may change it.

If the couple cannot agree on a division, including for property such as a home, then the court will end up deciding on a division, which means it could come down to the decision of a judge. While they will listen to any relevant arguments and evidence, especially concerning the welfare of any children involved, it will invariably be up to them.

How Do Courts Handle The Division Of Debts In A Divorce?

I have encountered cases where the court is asked to designate ownership or payment of debts in a divorce. While attorney’s fees are allocated, you do see people asking for their IRS debts to be paid or for their credit card bills to be addressed. Let’s say there is a lot of money available, and someone has been egregiously irresponsible or something of that nature; that would fall under the factors regarding the reason for dissolution of marriage, which weighs into the percentage of the monetary award.

While the court might determine a 60/40 split instead of a 50/50, there’s nothing in the law that requires debts to be allocated at the time of divorce or paid off with available money. The equity in the house, the retirement accounts, and those kinds of things are split in the property award.

How Long Does The Uncontested Divorce Process Generally Take? Does Maryland Require A Waiting Period?

Mon, 11 Aug 2025 20:00:07 GMT

The court may have a waiting period after a scheduling hearing, but that would be an internal issue left to that particular court’s discretion. The scheduling for an uncontested divorce is generally based on availability. Some parties show up to their scheduling hearing ready to get divorced that very day, and it can seem baffling that the courts don’t just do it right then. It’s my understanding that their case load prevents them. It may be that the courts create this procedural waiting period so that the parties come back resolved. Overall, the general timeframe for an uncontested divorce is a month or two after the scheduling hearing, depending on the availability.

Have The Courts Been Able To Keep Up With Divorce Cases During COVID?

The timeline has not been the same as pre-COVID. There has been one of the more major shifts I’ve seen since becoming an attorney during COVID, and that mainly deals with the jurisdiction of Montgomery County, which has started to allow regular email filings due to COVID. Prior to the pandemic, Montgomery County had been taking their time about becoming electronic; they’re one of the largest jurisdictions, so they had a lot of old files to gather. Most other counties had electronic filing already through what’s called the MDEC system. Even though not all cases can be electronically filed, going digital has still substantially transformed their system and sped up the process because you can just email your complaints with an electronic signature. They used to not even accept electronic signatures. Overall, the filing procedure has become much faster.

After a pause in March of 2020, the court systems readjusted their process by June or so to get cases going again. Maryland family law cases have been the primary legal area that has continued to function during COVID. Criminal cases were postponed, and jury trials were stuck, but family law cases switched from in-person in many jurisdictions to Zoom hearings, especially during the biggest surges of the pandemic. This system became so functional that I would still have multiple hearings a week—sometimes even multiple a day—on Zoom.

Before the courts settled on Zoom, I had to do a couple of phone trials via conference calls, which was a unique experience. Some jurisdictions still had in-person family court cases, but most of the cases I was doing were on Zoom. Many hearings are just five to ten minutes to begin with, so Zoom made that very easy to continue at a regular rate. It’s amazing how little COVID impacted the functionality of the family law section due to Zoom and the type of people who were working from home.

I hope they can continue using Zoom because it is so effective and useful. Witnesses can even appear on Zoom. I do think court appearances are important in some cases, but overall, Zoom is a great tool for family law cases.

Once One Party Has Filed For A Divorce In Maryland, What Is The Timeline Before The Decree Is Finalized? What Steps Have To Be Taken?

Mon, 11 Aug 2025 19:58:30 GMT

Divorce can be a lengthy or rapid procedure depending on the circumstances and the parties involved. In general, in Maryland, finalizing the divorce can take anywhere from three to four months, all the way up to a year and more. Often this will depend on the level of contention, and whether there are children or property involved.

Either way, the initial steps tend to be the same, though even there some delays can begin to emerge.

How Long Will It Take For Your Spouse To Receive Summons After Filing For Divorce In Maryland?

Generally, the court issues a summons within one or two days of a person’s filing. In the olden days (before COVID) you could wait at the courthouse for the summons to be presented the same day, and that would enable you to serve the opposing party with a summons in complaint.

During COVID, however, most of this has to be done by mail, so you will have to wait for the court to send the summons, which only some courts are issuing as electronic documents. Several jurisdictions do, however, accept electronic filings, which can speed things up as the other party can download it electronically once it’s presented. Nevertheless, that’s at least a two-day process, or, if it has to be sent by mail, it could take a week.

Can A Couple Be Separated And Still Live In The Same House?

Maryland divorce law changed October 1, 2023 to allow parties to divorce while still living together. The law removed several grounds and settles on grounds of mutual consent, six (6) month separation and irreconcilable differences. Parties do not have to separate to qualify for a mutual consent divorce or a divorce based on irreconcilable differences. While couples are welcome to live however, they want, including sleeping in different bedrooms within the same house, if they wish to show separation, the must live apart for six (6) months.

In order to file for a no-fault divorce in Maryland, voluntary separation is one of the two no-fault conditions accepted by courts and comes with rather strict requirements. The couple must live apart, for six (6) months, and refrain from having any sex with each other during that time.

When Do The First Delays Begin To Occur In Maryland Divorces?

Once the other party receives the summons that starts the case, regardless of whether you used a sheriff, the mail, or a proper process server to serve them. Then, you usually will need to file an affidavit of service, which puts the court party on notice.

The other party has 30 days or so to respond. That process can be very efficient and takes a week or two, depending on how available the other party is and what kind of service (i.e., a sheriff or a process server) is used. In some cases, however, it can take months if the other party refuses service or is not able to be located.

Especially if someone is deliberately being hard to find. Some people go out of state and haven’t seen their spouses in several months or even years. This delays the case from getting started.

When Will The First And Subsequent Court Hearings Or Trial Dates Occur?

After the affidavit of service is filed, the court usually arranges a scheduling hearing, and that usually can be done within three weeks or so of service. The scheduling hearing will then set the dates for the case, and this is where the circumstances will determine the timeline.

If you are having an uncontested divorce, the first court date will occur within weeks after that scheduled hearing. If there are other issues, such as kids and property involved, those will have to be dealt with first.

If there is any disagreement over who will have custody over any children, then you first need to have a custody trial within three to four months. If there is shared property, such as a house, involved, then that will be followed by a divorce property trial, which is bifurcated within a year or so after that custody trial.

Those kinds of divorces are complex, and it can take a year or more to get a final result.

What Delays Can Occur Between Trials And Court Dates During Divorce Proceedings?

During the long time before or between trial dates, the court or other party will often build in other interventions which can significantly add time to the procedure.

For example, the case may require Pendente Lite hearings (PL), which can start within a month or two of the scheduling hearing. These hearings are used to impose temporary measures, including, for example, temporary child custody arrangements while waiting for the outcome of the proper hearings or decisions.

A month or two after the PL hearing, you might have to deal with another status conference, and then the custody case could go to trial, which can take five to six months just to get to trial. With COVID everything is a little backed up as well, but ideally, you would have your custody trial within three months or so.

How Much Time Do Custody Or Property Evaluations Add To Divorce Proceedings

Another thing they do in the courts is ask for or require custody evaluations. During these, a social worker will go into homes and evaluate the parties, the kids, and things of that nature. That process alone can take a couple of weeks.

It is usually included within the timeline of getting to that status conference before trial. So, it should be resolved entirely before you get to your custody trial.

Then, if there is property such as houses, cars, retirement accounts, etc. to decide, you can add four, five, or even six months to get to a property trial after the custody trial. This can additionally be slowed down by discovery (requests for information) and disputes or negotiations at every step along the way.

In Summary, Divorces Can Be Quite Short, Or Agonizingly Slow

Clearly, there are many different components that need to be taken into account altogether. In short, though, you are usually looking at least a year for divorce where there are kids, custody issues, and property issues at stake.

You can work back from a year if any of those issues are minimal or not relevant as children and property are the two biggest factors that dictate the timeline of these cases.

If there are no kids and no shared property at stake, you can go directly to the divorce trial about three to four months after the scheduling hearing.

What Does A Contested Divorce Look Like In Maryland?

Mon, 11 Aug 2025 19:57:13 GMT

Contested Vs. Uncontested Divorce

A contested divorce is any divorce that has a defendant who does not agree to the terms of the plaintiff’s complaint. Maryland divorce law changed October 1, 2023 and removed several grounds couples have used to get a divorce in the past such as adultery and desertion. The new law settles on grounds of mutual consent, six (6) month separation and irreconcilable differences.

Some people qualify for what’s called an uncontested divorce, or a mutual consent divorce, where all they need to do is submit an agreement that they agreed on all the terms of the distribution of property (the marital home, pensions, cars, furniture, pets, etc.) and custody issues (if there are any).

To contest a divorce means that they are fighting the custody request of the other party or they are fighting for their share of any marital assets. Sometimes, they’re fighting over the grounds for divorce.

The ground of irreconcilable differences already used in other states appears to be a contested ground.

Even after a six (6)-month separation, the parties might still be fighting over property issues or custody. Those would still be contested divorces, even though they’ve established as having been separated for six (6) months, meaning there’s no dispute about that as a ground for divorce.

What Are Some Of The Impacts That A Contested Divorce Will Have On The Process?

It takes a lot longer to get a contested divorce. If you get a mutual consent divorce, you’re talking about six weeks to two months, but if you’re getting a contested divorce with custody and property issues, then you’re talking about a good three to four months just to get to the custody trial. The evaluation of the custody alone can take a long time before trial. They evaluate the parents and the kids, there are attorneys appointed to represent the kids, and any number of things (drug testing, for example) can be ordered just for the custody part of the case. There might be negotiations and mediations back and forth.

In Montgomery County, they sometimes bifurcate the divorce trial and the custody trial, so you’re talking about another four or five months to get to your divorce trial. The reason they do that is because the custody cases are very emotionally draining and often contemptuous as people fight over the initial custody order, which can set the tone for child support and for who controls the marital home, in some cases. Those things are emotionally challenging but important steps that take a lot longer when they’re contested.

Depending on the size of the marital estate, the marital property, each parent might face questions about how they can maintain the marital home, whether there’s any ability for one party to keep the home, or what the value of the property is. During the divorce trial (and this goes for custody also), if one parent is self-employed or owns a business, that business would have to determine the person’s income, which must be calculated for the purposes of child support and, potentially, for alimony. If one party is the business owner, then that business could be a marital asset that would have to be split, and that would be done during that second stage of the case after the custody trial. Complicated cases might require appraisals of the property and of the business. Let’s say you have a construction company. You’ll need estimates of what the business property is worth, plus the vehicles, equipment, and trusts involved. So, it gets complicated when you have a contested divorce.

Even in cases where there’s an agreement, some of those agreements take a long time to hash out because of the details in a case. There’s no way to gauge some of the issues that might arise, and sometimes, the issues arise after filing. People take different actions out of fear that they’re going to lose something. In some cases, they take the kids to a different location and try to hide—that’s rare, but it does happen in these kinds of cases. Any of those developments make the cases much longer and more serious. All this is not to say that an uncontested divorce can’t still be volatile. The difference is only that the parties realize they don’t have any advantage in getting into a big legal fight.

Is There Any Benefit To Filing For A Divorce Before Your Spouse In Maryland?

Mon, 11 Aug 2025 19:55:52 GMT

It’s really more of a preference issue. You’re going to be able to have your day in court whether you file first or file second. In some cases, the person who files first is more of the aggressor in the case and attempts to dictate the procedure. They’re what’s called the moving party. They file their complaint to start the case first, they often testify first, and they present their evidence in trial first. The other party has to react and file an answer. Of course, that other party could file a counter-complaint. The person who files first does, nevertheless, set the tone for the case and initiate the allegations that they want to bring that the other person would have to respond to initially before the other person presents their case.

So, there is some advantage in trying to control the narrative of the divorce , although the other person, with the help of their attorney , can rebound and present their own allegations or try to create their own narrative. Again, it’s really a preference issue.

In some cases, if you don’t file first, you’ll have to wait for the other person to come around and finally do what you want them to do, which would be filing. That means you’re in more control of the timeline of the case if you file first.

There might be a psychological advantage to filing first. Some people find that initiating the case feels like an accomplishment. Maybe they’ve been married for several years and just have to get out of the relationship. To them, filing is the right that they have to end the relationship, and it can give them self-esteem to take the initiative. It’s like saying, “I’m not going to play games anymore. I’m done with the lying and cheating. I’m done trying to work things out. I’m going to get the court involved.”

What Happens After One Party Files For Divorce Up To The Time The Divorce Is Finalized?

Once the divorce has been filed, the court will issue a summons within one to two days.

Once the opposing party receives the summons from a Sheriff or private process server, completed a required service of the complaint, the case will have officially begun. The party who served would file an affidavit of service, and the opposing party would be on notice and have about 30 days to respond. This process can be very efficient and take only a week or two depending on how available the other party is and whether a Sheriff or a private process server is used to serve the summons. It can take months if the other party refuses service or cannot be located. It can be hard to find people sometimes, especially if they have moved out of the state or have not been in contact with their spouse for months or years. Once the affidavit of service is filed, the court will schedule a scheduling hearing to take place about three or four weeks later. This scheduling hearing will set the dates for the rest of the case.

The timeline will depend on the circumstances; if it’s an uncontested divorce, it will occur within weeks of the scheduling hearing. If there are custody issues, a custody trial will be held within three to four months. There will also be a custody evaluation, which is when a social worker goes into the homes and evaluates the parties and the children. This process can take a couple of weeks, and is usually included within the timeline of getting to the status conference before trial. Depending on the amount of property to be divided (e.g. houses, cars, retirement accounts, etc.), it could take another six months to get a property trial. Of course, disputes can arise along the way, and there can be discovery each step of the way.

Cases involving custody and property issues can take a year to resolve, which includes mediation and status conferences before the trial date. There may be PL (pendente lite) hearings within a month or two of the scheduling hearing, and a status conference may be held about a month later. Many of the steps in a divorce case depend on different factors, whether there are children involved and the value of property being the ones that most influence the timeline.

Can You Challenge A Request To Modify A Custody, Child Support, Or Spousal Support Agreement? Can The Final Decision Be Appealed If It Is Granted?

Mon, 11 Aug 2025 19:54:18 GMT

If it’s a contested case, it’s always open for an opposition during the process. You should fight the case at the earliest possible stage if you’re going to contest it. If you do get a bad decision that you believe was in error, you can file a motion to reconsider, alter, or amend the judgment within 30 days of the decision (though it’s better to file the motion within ten days). You can ask for an en banc review of the decision. You can appeal to a higher court within 30 days. Your appeal would be reviewed by the Court of Special Appeals, which is a lengthy process that can take several months. But you do have the right to appeal if you got a bad decision.

On the opposite side of challenging, some parties don’t respond to modification requests. When that happens, the initiating party would have to file a default action to excuse the non-responding party from the case. The courts usually vacate those defaults, however, in custody cases, which deal with the best interest of the child if and when the non-responding party appears.

What Must A Parent Prove To The Court In Order To Be Granted Permission To Relocate?

For relocations, the parent who has primary custody will sometimes just move, and if the other parent has visitation, they would be in contempt of that visitation if they move to a place where the other parent cannot exercise visitation. If you go through the courts to get permission to move, the court will decide based on what’s in the best interest of the child.

In a case where the child has lived primarily with one parent for a period of time, they might award custody to the moving parent. Case law supports stability, so when the Court evaluates any disruption to the child’s life, it looks at whether uprooting the child and moving them will be detrimental to their stability. In some cases, they will order the child to remain in the area with the parent who stays. There is no simple formula or solution.

Will The Court Change The Visitation Schedule After A Relocation That Requires Significant Travel Times?

A move of a great distance verifies a material change in circumstances. Once you have established that, you have grounds to modify the visitation schedule, and then the court will determine the best alternative schedule.

Can I Appeal A Relocation Decision Granted By The Court?

You can appeal any decision by the court, including relocation decisions.

For more information on Modifications to Divorce Decrees, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 555-555-5556 today.

What Sets You And Your Firm Apart In Handling Family Law Matters In Maryland?

Mon, 11 Aug 2025 19:53:08 GMT

What sets me apart is that I am solo—I don’t have a team working with me. I deal with the clients from start to finish myself, and I am available at any time of the day within reason to discuss any emergencies or questions that the client might have. While other attorneys might make themselves available, they may still lack that personal, hands-on relationship with each of their clients. At some point, I might have people to help me communicate, like a receptionist or a paralegal, but at the moment, I don’t. I’m the one working with the client, which has allowed me to help a lot of people who have an important question that cannot wait.

I am pretty straightforward with my clients, and I don’t have a system where I just generate their case. I’m trying to work with them and feed off of their interest. If they don’t have a strong case, I’ll tell them, and even if they do have a strong case, I still try to tell them in a way that doesn’t get their hopes up or give them false hope. I’m plain and simple with each client; I talk to them the way I would want an attorney to talk to me: honest and straightforward, but not harsher than would be appropriate. It’s a personable service that I provide, though I can’t say other attorneys can’t also provide that. I, nevertheless, try to be personable on a consistent basis.

I also think my background in journalism handling traumatic situations helps me understand clients going through important issues. I can empathize with them, drawing on my background. I’ve come across people who are not American citizens, people who are at different stages of their growing careers, people who have problems with their mental health, substance abuse issues, or medical issues. I was interested in becoming a psychologist when I was younger. Psychologists play a key role in family cases, as do sociologists. I feel stimulated by the personal circumstances that some people have to face that often interplay with family law cases. I have an old interest in helping people through those kinds of situations, or at least understanding those situations and seeing if the law could adapt to that kind of circumstance. My passion for finding the solution allows me to respond to their needs.

For more information on Modifications to Divorce Decrees, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 555-555-5556 today.

What Is Your Experience In Handling Family Law Cases In Maryland?

Mon, 11 Aug 2025 19:52:15 GMT

I’ve been an attorney for about eight years now. I have primarily worked in family law and a little criminal law as a professional. Before I was an attorney, I was a journalist, and I covered different areas of education, government, and sports for a little bit, plus some redevelopment and transportation issues. It was my work in journalism that inspired me to become an attorney.

Family law in particular seemed to provide a lot of regular routine challenges that were interesting to me, whereas other areas of the law are different whether they be more transactional or non-litigious. I have continued to be able to work in family law, which I’m grateful for as I have a genuine interest in the subject. As a family law attorney, I’ve met so many different types of people and been exposed to many unusual situations. I realized at one point if the situation’s not unusual in some way, these people probably wouldn’t need an attorney in the first place. Working with these unique situations inspires and interests me every day.

When Couples Decide To Proceed With A Divorce In Maryland, What Are The Options Available To Them? Is There One Best Option?

The fundamental option is to file a complaint for divorce with the circuit court in that jurisdiction, county, or Baltimore City. The petitioner could file for a limited divorce that is like a formal separation or an absolute divorce, which ends the marriage. The complaint could be based on several grounds including mutual consent, adultery, one-year separation, cruelty of treatment, excessively vicious conduct, insanity, and desertion. That process essentially sets the tone for the court to follow, but there are other things that could happen along the way. Mediation is one option that could be grouped with an intention by the parties to have a mutual consent divorce. If the parties come to an agreement through mediation, they could convert that to an uncontested mutual consent divorce that they both agree to on the record, which is the easiest and fastest way to get a divorce.

Custody trials could also occur, usually before the final divorce hearing, as well as pendente lite trials, which give temporary solutions for custody and things like spousal support or child support. A pendente lite hearing (PL) is a temporary fix for parties who are in the middle of a divorce and need to be given temporary orders for custody and/or financial support.

In Maryland, you can file for a limited divorce before you file for an absolute divorce; that limited divorce would give you essentially an official separation that would last until you got an absolute divorce. Limited divorces only require separation or some excessively vicious conduct ground, which allows people to get started when they haven’t established other grounds for a full absolute divorce.

Those options all work together. It’s not like one is usually done exclusive of the other. They can fall and float into each other in different ways, but together, they make up the whole package of how to get divorced in Maryland.

What Factors Should Be Weighed When Deciding Any One Option Of Divorce With A Client?

A number of factors should be weighed when deciding how to proceed with divorce, such as whether there are children involved, whether the parties own property, how much money each party earns, whether any domestic violence has occurred, how long they’ve been separated, and whether there are any mental health issues present in the case. Of course, there are legal factors to consider during custody determinations, as well as marital property separation laws to factor in.

How Can I Prepare For An Impending Divorce In The State Of Maryland?

To prepare for an impending divorce in Maryland, the best thing to do is consult with an attorney as soon as possible. An attorney can provide essential advice from the start to put you in a position where you achieve the best result for yourself, and defend against the biggest downside to a pending case. You might also write down your reasons for wanting to get divorced, and determine whether there is any room to resolve the dispute with your spouse and stay married. Is there adultery going on in the relationship? Is there domestic violence? What type of custody arrangement do you prefer? Do you own any property, and if so, how do you want it split? The other thing you have to consider is whether or not you want to cease discussions with your spouse on any of these aforementioned issues before you have a court case underway in order to protect yourself from the possibility of giving them too much information that could jeopardize your case at a later stage.

For more information on Family Law in Maryland, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling 555-555-5556 today.

Who Will Pay Child Support When Parents Are Not Married In Maryland?

Mon, 11 Aug 2025 16:34:58 GMT

Usually, the non-custodial parent pays child support, but sometimes the parent who earns the most money will pay—even if they have shared custody . Either parent can be obligated to pay child support based on their income and based on the number of overnights they have with their children. A mathematical calculation is made based on these two factors. The chart used by the courts is rooted in the number of overnights each parent has with the children. Historically, 128 nights per year was the threshold number of overnights, meaning that anything over 128 would result in joint residential custody, and anything below 128 would result in sole residential custody. The change in the law drops the threshold to 92 overnights. Anyone with more than 92 overnights has shared custody in relation to the child support law.

This chart also factors in extraordinary medical expenses that one parent is paying, health insurance costs, and daycare expenses. A lot of parents want to include private school tuition, but that usually isn’t included unless it’s for a disability. If the parents earn over $30,000 a month combined, then the court has more discretion to decide about how much child support is appropriate, because they would be outside of the guidelines. Those are the basic ways the court determines child support.

What Can Be Done If Someone Fails To Pay Child Support?

In Maryland, a person can apply for child support through the Child Support Enforcement Administration, which is staffed by attorneys who can aid in the process. Alternatively, a parent can file for child support with their own motion through the court.

When there is an order for child support and child support payments are not being made, the Child Support Enforcement Administration can suspend the driver’s license of the parent who is violating the order, as well as calculate the child support arrears and take over the parent’s paychecks to pay the obligation.

A parent also has a right to file for contempt of that child support order themselves, and to have a contempt action started. The parent in contempt of the order could be incarcerated, but will often agree to make payments, justify the lack of payment, or improve their situation before more serious actions are taken. The method for a person to file a contempt can result in a judgment being issued against the other party, and that judgment can become a debt. The person can put liens on the person’s properties, bank account, or even their payroll account if they get a judgment, just like any other creditor.

It often takes a long time to get those kinds of decisions finalized, and it’s very difficult for some people to last that long during the waiting period. Another problem is that if people are self-employed, it’s more difficult to find out their true income without the use of experts and things of that nature. There are often challenges, but the courts do have definite means of addressing the issue of non-compliance with child support orders.

Does the Paying Parent Have Any Say In How Child Support Is Spent?

The other parent does not generally have a say in how child support is spent . The courts assume that the expense of raising the child is incorporated into the general expense of that parent’s lifestyle, so the parent receiving the child support can use it however they see fit, including paying for the child’s accommodations and supporting the child. Child support goes into the overall income they’re using to care for their family and support themselves and so forth. But there are no stipulations or requirements for using child support for a specific expenditure or reason.