Family law in Maryland is a comprehensive legal field focused on domestic relationships and familial matters, encompassing a diverse range of issues such as marriages, civil unions, domestic partnerships, adoptions, child custody arrangements, and paternity disputes. Cases within this realm are classified as civil matters and can often present significant challenges, both financially and emotionally.
The nature of Maryland family law cases frequently involves making critical decisions that can shape the lives of those involved, particularly when children are affected. The outcomes of these cases not only influence the immediate circumstances but can also have lasting consequences on the future of all parties involved. In 2021, there were 1.6 divorces per 1,000 inhabitantsin Maryland. This figure was a decrease from 1990, when the divorce rate stood at 3.4 divorces for every 1,000 inhabitants in the state, and was the lowest divorce rate since 1990
Types of Family Law Cases
At Shah & Kishore, our experienced team of family law attorneys passionately serves clients across Maryland, particularly in the dynamic and culturally rich community of Bethesda. This area is well-regarded for its exceptional schools, scenic parks, vibrant shopping districts, and lively nightlife along Bethesda Row. Our firm is well-equipped to assist you with a variety of family law matters, including:
Child Custody
In the state of Maryland, the legal presumption is that both natural parents hold custodial rights over their children. The law aims for fairness, offering no inherent bias towards mothers or fathers. Each parent has the right to petition a circuit court for custody, and in instances where parents cannot reach a mutual agreement, the court may award custody solely to one parent or implement a shared custody arrangement.
The primary consideration for the court is the best interests of the child, which guides all decisions regarding custody and visitation rights. While grandparents and other relatives may also seek custody, the strong presumption in favor of biological parents can create challenges in these cases. Importantly, custody and visitation agreements are not set in stone; parents retain the right to petition the court for modifications as circumstances evolve.
Property Division
Maryland operates under an equitable distribution model, meaning any property acquired by either spouse during the marriage is presumed to be marital property unless proven otherwise. A court will meticulously assess the contributions of both spouses and the fairness of asset division, rather than simply splitting everything down the middle. Marital property usually includes earnings accrued during the marriage, assets purchased with those earnings, and any debts that were incurred together.
Conversely, non-marital property may consist of gifts, inheritances given to just one spouse, and pensions that were vested prior to the marriage. Additionally, a business owned by one spouse before the marriage typically retains its status as separate property. However, if the business appreciates in value during the marriage, or if both spouses are actively involved in it, a portion of that increased value may be deemed marital property.
Alimony
In Maryland, alimony is primarily rehabilitative in nature, intended to support a dependent spouse only until they can attain financial independence. It’s crucial to note that claims for alimony must be made before the divorce is finalized. A person’s right to seek alimony expires at the moment of separation, as established by the Maryland Court of Appeals in “Altman v. Altman“. Depending on the situation, a court may order one spouse to provide financial support to the other to ensure a smoother transition post-divorce.
Mediation
Mediation is a collaborative process that offers parties the chance to negotiate and potentially reach an agreement in a family law dispute, although it is entirely voluntary. Courts lack the authority to compel individuals to settle their differences, which means that mediation can sometimes fail, leading the case back to court for a judicial resolution. One notable benefit of mediation is its confidentiality; anything discussed during the mediation cannot later be used against either party in court. For many individuals willing to make compromises, mediation can also be a more cost-effective solution than prolonged litigation.
Parenting Plan Modifications
In any custody case involving minor children, courts necessitate the submission of parenting plans. These documents are typically provided to the parties at their initial court hearing. If an agreement on the parenting plan cannot be reached, parties must submit a Joint Statement or CC-DR-110 outlining their positions. The parenting plan serves as a formal agreement detailing how the parties will raise their child, encompassing decisions regarding health, education, and significant life events, as well as specifying the visitation schedule for each parent.
Spousal Support
Often referred to as alimony, spousal support is designed to provide financial assistance to a dependent spouse following separation or divorce. The types of spousal support can vary, including pendente lite support (temporary alimony) which exists only until a final divorce decree is issued, and rehabilitative support, also known as permanent alimony, which can last indefinitely under certain conditions.
Asset Division
Under Maryland’s Marital Property Act, the division of property in a divorce is governed by specific legal guidelines. Assets encompassed in this division may range widely, covering cash balances, stocks and bonds, insurance policies, retirement accounts, investment portfolios, collectibles, art pieces, and memorabilia.
Business Division in a Divorce or Military Divorce
For individuals who own businesses, divorce proceedings can introduce a unique set of complications. Concerns may encompass the value of real estate associated with their business, as well as equipment, inventory, vehicles, and other operational assets. Navigating these issues requires specialized knowledge and careful consideration to ensure fair treatment and division of interests during the divorce process.