Gaithersburg Family Lawyers
Any legal issue involving family relationships requires intelligent, logical decisions based on the advice of qualified legal counsel. If you are struggling with a divorce, alimony, or child custody problem, you need a Gaithersburg family lawyer today.
Shah & Kishore is a Gaithersburg family law firm led by Rahul Kishore, a skilled, experienced family lawyer. In addition to his family law practice, Rahul has an extensive financial background that makes him unique among many Montgomery County family law attorneys. His diverse skillset allows him to deal with complex issues in family law matters, particularly regarding asset division involving businesses, retirement accounts, and real estate.
If you live in Gaithersburg or any part of Montgomery County, Shah & Kishore will provide the legal assistance required in your family law matter. Our law firm aims to understand what is most important to you in your legal concern and help achieve it. Contact our Gaithersburg family lawyers today at (301) 315-0001 to set up a complimentary consultation.
Types Of Gaithersburg Family Law Cases
Our Gaithersburg family lawyers at Shah & Kishore know the many challenges you may face in a family law case. That is why we work closely with our clients so they know they have a fierce legal advocate fighting for their rights. Our family law firm regularly assists clients with these cases:
Child custody is a common concern in Gaithersburg family law cases. Maryland state law presumes that the natural parents are their children’s custodians. Thus, the law does not favor the father or mother in child custody decisions. Either parent can petition the Maryland circuit court for child custody, but a disagreement can cause the court to grant sole custody to one parent. Or custody may be shared between both parents. Maryland law always stresses that the child’s best interests be reflected in any child custody or visitation decision.
While Maryland law allows grandparents and certain other relatives to seek child custody, it is presumed that the child’s best interests are to live with the natural parents. So, a grandparent or other party seeking custody would need compelling evidence to prevail. Also, a custody or visitation arrangement is not permanent under the law, so you can always petition the family court for a modification.
Any property you possessed during the marriage is assumed to be marital property unless you can prove it was separate property. Maryland courts do not divide property equally when that division would be unjust. Marital property in a Maryland divorce typically includes all earnings during the marriage, as well as all of the debts.
Non-marital property usually includes pension proceeds vested before the marriage and gifts and inheritances provided to one spouse. A business owned by one spouse before marriage will be considered separate property. However, part of the business could be deemed marital property if it increased in value during the marriage or if both parties worked there.
Maryland alimony laws are written in a way for the recipient spouse to be self-supporting eventually. So, any award made is typically rehabilitative, which means it is only for a specific period. Remember that alimony may only be awarded before the Gaithersburg divorce is finalized. Thus, you cannot come back later and seek spousal support after the divorce is decided. Either party can be ordered by the family court to pay alimony.
Parenting Plan Modification
If a parent wants to modify a child custody or visitation order, they must prove there was a material change in circumstances. If so, you should speak to your Gaithersburg family lawyer about acquiring the necessary evidence to present to the court. Some of the potential qualifications for a material change are:
- Any situation that puts the children at risk
- Not complying with a previous court order
- Custody funds have been misused
- Moving out of state
- Assault, abuse, or harassment
- Any disruption of the court-ordered visitation agreement
Other situations could require a parenting plan modification, but there is no guarantee the modification will be made by the court. Always bring as much evidence as possible to convince the court. If you are unsure, our Gaithersburg family lawyers can help build your case.
Maryland law allows three kinds of spousal support, another way of saying ‘alimony.’ Temporary alimony, or pendente lite alimony, is temporary relief that ends when the judge finalizes the divorce. Rehabilitative divorce is the most common and lasts only for a limited period. Indefinite alimony may be awarded in the case of a long marriage and is paid until one or both parties die.
Mediation is a type of alternative dispute resolution to a Gaithersburg divorce. While mediation can be voluntary, it also can be ordered by the family court. Neither party can be forced to agree to mediation, so mediation may not always work. However, mediation can sometimes help people avoid an expensive court fight, and everything discussed in the meetings is confidential. So, nothing can be used against you in divorce court later.
If you owned a business during or before your marriage, you may be concerned about how it will be dealt with in a Gaithersburg divorce. Business owners are typically worried about real property linked to the business, stocks, and shares in the business, and other financial assets and records. Your Gaithersburg family law attorney may use a business valuation expert to value the business properly.
The Marital Property Act in Maryland is frequently cited in many property division disagreements. Some assets that could be contested in an asset division dispute include cash balances, retirement accounts, stocks and bonds, investment portfolios, insurance policies, collectibles, and art.
Contact Our Gaithersburg Family Lawyers
Are you in a family law dispute in the greater Gaithersburg region of Maryland? It is essential to contact Shah & Kishore promptly because we can help you in many ways with your family law concern.
Our family law firm is based in Rockville but serves clients in Gaithersburg, Germantown, Potomac, Silver Spring, Montgomery Village, and more. Contact our Gaithersburg family lawyers today to schedule a free consultation, or call (301) 315-0001.