Grounds for Divorce
- What is the most common grounds for divorce in Maryland? A 1-year voluntary separation in which the parties separated with the intention of ending their marriage.
- What are the other grounds for divorce? A 2-year separation, adultery, or cruel and vicious conduct.
Divorce while living together
- Can spouses be divorced in Maryland while living together? Yes, but the circumstances are limited to where these has been adultery and no forgiveness or when one spouse locks the other out of the marital bedroom.
Separation Agreements
- What is a separation agreement? A separation agreement is a contract in which the parties agree to resolve their issues relating to custody, visitation, child support, and/or division of property.
- What is the advantage of a separation agreement? Once the parties have a separation agreement, the parties can enter a consent order regarding custody, visitation, and child support issues. Once their divorce case is ripe, the parties can have a 10-minute uncontested divorce hearing.
Child Support
- When does the obligation to pay child support in Maryland terminate? When the child turns 18 or graduates from high school, whichever occurs later, or at the age of 19 if the child is still in high school.
- How is child support calculated? Using a worksheet and table based upon the parent's income, cost of the child's health insurance, cost of daycare, and other extraordinary expenses.
- What is pendente lite or temporary child support? Prior to the final resolution of child custody and visitation, the court can issue an order that the non-custodial parent pay child support.
Child Custody
- What is legal custody? A parent with legal custody makes the long term decisions regarding a child's education, health, welfare, and religion. Most parents have joint legal custody.
- What is physical custody? A child primarily resides with a parent who has physical custody; and the child has visitation with the non-residential custodial parent.
- What is shared physical custody? When the child spends at least 35% of the overnights with each parent. The threshold of 35% translates to 5 out of every 14 overnights.
- What are the advantages of shared physical custody? Both parents share the responsibility of raising their child; and the amount of child support is reduced by about one-third.
- How does the Court decide which parent should be awarded custody? The court must determine what will be in the best interest of the child. This usually means that custody is awarded to the parent who has been the child's primary caregiver.
- Is there a maternal preference for young children? No. However, a mother is more likely to be awarded custody if she has been the primary caregiver of a young child.
- Is there a presumption that parents should have shared physical custody? Maryland is one of the few states that does not have a presumption that shared physical custody is in the children's best interest.
Spousal Support
- What is spousal support? Spousal support or alimony is designed to provide a financial buffer for the less economically dominant spouse. Spousal support is usually awarded for only a few years to allow a spouse to complete a certificate or degree program, enter the labor force, and/or obtain a higher paying position.
- When is spousal support awarded? Spousal support is proper when there is a gross disparity in the parties' earnings and the receiving party lacks sufficient earnings to pay reasonable expenses.
- What is pendente lite spousal support? Pendente lite or temporary spousal support is awarded at the beginning of a case to maintain the status quo until a final resolution of the support issue.
Spousal support without a divorce
- Can alimony be granted without suing for divorce? Yes. Maryland allows a party to file an independent action for only alimony. However, the party seeking alimony must also prove that grounds exist to grant a divorce.
Property Division
- How is property divided in Maryland? Maryland is an equitable division state in which the court has wide discretion to divided marital property. However, the Court usually equally divides the marital property.
- What is marital property? Property, however titled, that was acquired during marriage, except gifts and inheritances, and property that has been excluded by agreement.
- What is non-marital property? Property that was owned prior to marriage, received during the marriage as a gift or inheritance, or designated as premarital property by agreement.
Retirement Accounts
- Can the Court divide pension benefits? The Court can enter an order so that the non-employee spouse receive a share of the pension when the employee retires.
- Can the Court divide retirement accounts? The Court upon divorce can enter a Qualified Domestic Relations Order to transfer tax free funds from spouse's retirement account to the other's retirement account.
Use and Possession of the Family Home
- How long can a parent remain in the family home with the children? A parent who is awarded physical custody of the children can reside in the family home for 3-years after the divorce is entered. This provides continuity for the children.
Name Changes
- Can a spouse be restored to her prior named upon divorce? Yes.
Modifications
- Can child custody or visitation be modified after the parties' divorce? The Court retains jurisdiction to over the child and can modify custody or visitation upon a showing of a material change in circumstances. For example, if a parent has to relocate to Seattle, visitation will need to be modified.
- Can child support be modified after the parties divorce? The Court retains jurisdiction over child support and will modify support upon a showing of a material change in financial circumstances, such as a change in income or a termination in daycare expenses.
Cost of Litigation:
- What is the filing fee for a divorce in Montgomery County? $105.
- What much do you charge for an uncontested divorce? $645.
- What do you charge to draft a Separation Agreement if there is no children and no real estate? $600
- How much does a typical custody trial cost? The fees for a custody trial may range from $10,000 to $20,000, depending upon the length of the trial and the complexity of the issues.
Contact the Law Office of Stewart Andrew Sutton, LLC
If you have a family law concern in the Germantown or Montgomery County area, call 301-637-4427 or contact Mr. Sutton online to schedule a free initial consultation.
