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Family Law

A famous judge once said family law was best described as “Tummy Law,” because many cases were decided based on what judges “felt in their gut.” This is probably the way judges continue to decide family law cases, because family laws are about how family members should treat each other – even if a relationship is ending as in cases of divorce. Specific issues regarding family law often include marriage, pre and post-nuptial agreements, divorce, paternity, adoption, child custody, child support & visitation.

See the list below for further examples of family law.

For a quick response to your questions regarding Family Law, contact us at 301.464.7448.

Table Contents

Adoption

When seeking full custody during an adoption process, it is important to know all of the facts. Adoption hearings are generally heard by the Circuit Court in your county of residence. Once the adoption is ready to be finalized, there will be a hearing in front of a judge, at which the prospective parents and child must be present. Here, the judge will present his final order, thereby finalizing the adoption.

For a quick response to your questions, contact us at 301.464.7448.

Alimony

Alimony can be awarded to the spouse who earns less than the other based on a number of factors including but not limited to:

Financial needs and resources of each spouse
Age and health of each spouse
Length of the marriage
Ability to become self-supporting

There are three basic types of Alimony: "Temporary" alimony is awarded during the time the divorce process is continuing; “rehabilitative” alimony is awarded to allow a spouse to get the education and training necessary to become self-supporting. "Permanent" or "indefinite" alimony is awarded when someone is likely going to need financial support on a permanent basis after the marriage is over.

For a quick response to your questions regarding alimony, contact the office at 301.464.7448.

Alimony Modification

Like child support orders, alimony orders normally can be modified when a court finds that there has been a material change of circumstances and that a modification is required in the interest of justice.

For a quick response to your questions on alimony modification, contact us at 301.464.7448.

Child Custody

The care of children following the end of a relationship deals with both physical custody and legal custody. Physical custody involves the permanent residence of children and their daily care and activities. Visitation defines when the non-custodial parent will see the children. Legal custody involves who will make the major decisions associated with the child’s upbringing. Many courts believe it is generally in the best interests of the children for joint parental child rearing responsibilities when possible. That is why there are options involving visitation rights and legal custody that must be decided, either by the parents or a Judge, to make sure the children have as much contact with each parent as possible.

For a quick response to your questions on child custody, contact us at 301.464.7448.

Child Support

Parents must financially support their children regardless of their marital status. An order for child support may be entered to establish how much support a non-custodial parent will be required to pay the parent with physical custody. If requested, child support can be paid through a wage lien.

For a quick response to your questions on child support, contact us at 301.464.7448.

Child Support Modification

Child support can be modified when a court finds that there has been a material change of circumstances and that a modification is required in the best interest of the children. In Maryland, the statute regarding modification indicates, as a guideline, that there has been a material change of circumstances when the child support amount would change by 25%.

For a quick response to your questions on child support modification, contact us at 301.464.7448.

Divorce

Divorce is a process that legally separates a married couple and allows them the legal ability, if they choose, to marry another. It provides for the division of marital assets, debts, and the care and custody of the children. Most states, like Maryland and D.C., allow a no-fault divorce in which the spouses are required only to prove that you have been living apart for a period of time, even if one party does not want a divorce. People can also obtain a divorce when a spouse has done something wrong, such as committing adultery, desert a spouse, or abusing or treating a spouse cruelly.

The main issues decided in divorce cases are alimony, property division, child custody, visitation, and child support. In many situations, people will agree on these issues and an attorney can help them draft a Voluntary Settlement and Property Agreement. In these cases, people can usually obtain a divorce quickly. In contested cases, these issues are often emotionally charged and highly contentious. The advice of a good attorney can help you win a favorable outcome.

For a free consultation or a quick response to your questions regarding divorce, contact us at 301.464.7448.

Domestic Violence and Protective Orders

Everyone has a right to be safe from violence and the law gives you a way to protect yourself from threatened or repeated violence. A Temporary Restraining Order (TRO), Domestic Violence Order, or a Peace Order can help prevent someone who has put you in imminent fear of serious injury or bodily harm from being near you. Violation of one of these orders is a crime and anyone who violates the order will be arrested.

The importance of an order to protect yourself became widely known in Prince George’s County, Maryland when Oprah televised the case of a woman who had asked for a TRO, been denied by the Prince George’s District Court, and was later horribly burned when her boyfriend poured gasoline on her and set her on fire. Because of cases like these, the courts take domestic violence issues seriously. Every year, tens of thousands of people petition the courts for a TRO to prevent a family member, stalker, or acquaintance from assaulting them. Usually the court will issue a TRO based solely on a person’s request for help. You don’t need a lawyer for a TRO. You simply appear by yourself before the court, fill out a Domestic Violence or Peace Order Complaint form, and request a Judge to issue a temporary order for your temporary protection. Within seven days you will need to go back to court for a permanent protective order in a domestic violence hearing. This is when you will probably need a lawyer as the rules of evidence apply and the individual you accused of committing domestic violence has a right to be there to dispute your claims.

If the Judge believes your claims, a “permanent” protective order is granted for up to 12 months. At this time the Judge can also award Emergency Family Maintenance to determine who will live where, who will have custody and visitation of any children, and whether financial support should be awarded. Whether you have been a victim of domestic violence, or have been wrongfully accused of committing domestic violence, it is a good idea to have a lawyer help you in these cases. Because of the serious nature of domestic violence, the fact that criminal charges can be related to allegations of domestic violence, and the potential disruption of your life and finances, you need a lawyer.

For a quick response to your questions on domestic violence and protective orders, contact us at 301.464.7448.

Marriage

For many people marriage is often more than simply a romantic decision. Because marriage can also have a legal and business component, many people consult with an attorney about the advantages of prenuptial agreements. Furthermore, as in any partnership, it can ultimately lead to a greater chance of a successful union to work through issues of potential disagreement before entering into the marriage. A lawyer can help people in these discussions as well as help them find compromises acceptable to both partners.

For a free consultation or a quick response to your questions regarding marriage, contact us at 301.464.7448.

Marital Property

Part of the process of obtaining a divorce entails the division of marital property between the spouses. In a divorce, the courts do not generally exercise rights over nonmarital property, which includes property acquired by either spouse prior to the marriage or inherited property. However, the courts may preside over marital property, which is normally acquired during the marriage. The process of determining the division of these assets must take into consideration a variety of stipulations, such as which spouse was involved procurring, maintaining, and handling the object; the value of the property; the length of the marriage being dissolved; rights from a prior marriage; etc.

For a quick response to your questions regarding marital property, contact us at 301.464.7448.

Name Change

The process of legally changing your name in Maryland can be tricky to understand. You must fill out the Petition for Change of Name with the Circuit Court in the county in which you reside. These can be accessed for free on the Judiciary’s website. However, if you are unsure of anything concerning the legality of the process, please feel free to contact us at 301.464.7448.

QDRO

A Qualified Domestic Relations Order, or QDRO, is a legal order that is obtained when getting a separation or divorce that changes ownership or rights to certain retirement benefits. This gives the divorced spouse a divisional share of the pension plan even though earned entirely by the other spouse. QDROs grant an alternate payee (a spouse, former spouse, child, or other dependent individual) access to an equal or fair share of a pension plan. They may also provide for the division of marital property as well as child support or alimony. This document may appear as either a part of the divorce agreement or in a separate document apart from the divorce decree.

These orders may only apply to pensions that fall under the Employee Retirement Income Security Act (ERISA), which governs strictly private sector pensions. Those with federal civil service retirement plans, State, local or municipal plans, or military pensions must seek a separate type of order.

For a quick response to your questions, contact us at 301.464.7448.