Pikesville Family Lawyer

What do you do when your family is falling apart? Some people sink into denial. If your partner plans to file for divorce or you intend to leave, having a plan in place can mean the difference between success and failure.

Success looks different to each person approaching a family law dispute. Some people want a resolution that is as peaceful as possible. Others want to get as much money as possible and avoid child support or alimony. Some people may be concerned about getting custody to protect their children from an abusive co-parent. A Pikesville family lawyer’s job is to help you realistically and fairly assess a situation. Our experienced attorneys will ensure that you are guided through the process by balancing the emotional elements of the case with the practical realities of what you and your family will need or want moving forward.

Divorce Proceedings

To file for a divorce in Maryland, one or both parties must have been a Maryland resident for at least six months. Unlike some states, which have legal separation—agreements that allow people to stay married while preparing for divorce—Maryland does not recognize legal separation. However, if spouses live apart for at least six months, then that can be grounds for a divorce.

Grounds are important. Maryland will only issue a divorce based upon the demonstration that one of three grounds for divorce exists. However, following the statutory changes of October 2023, these grounds do not examine fault. They look at the broader reasons a person may seek a divorce. The first ground is six months or more of living separately, which can be satisfied either by physical separation or by living together but pursuing separate lives. The second ground is mutual consent. The third is irreconcilable differences.

In a mutual consent divorce, both parties must agree to and sign a comprehensive agreement, most commonly known as a marital settlement agreement. This agreement must resolve all outstanding issues related to a divorce, including:

• Distribution of property
• Child support
• Alimony
• Child custody

Where feasible, it is best to have this agreement crafted and executed prior to the filing of a divorce matter. Mutual consent divorces are an excellent alternative for a couple that no longer wants to be married but is capable of civilly reaching an agreement as to the outcome of the case.

What surprises many people is a Pikesville family attorney may be able to help you get a mutual consent divorce, even if that path does not seem available to you immediately. We can approach your spouse with a proposed settlement offer, negotiate, and even enter into voluntary mediation to help work out any outstanding issues. When a couple has children and there is no history of family violence or other dangerous behaviors, mutual consent divorces are the ideal process.

The grounds of irreconcilable differences do not require the parties to agree that they want to divorce or on how the property will be distributed. Instead, as long as one party believes the couple cannot resolve their marital problems, then those grounds may be alleged. The alleging party will be responsible for demonstrating to the Court that the marriage is irretrievably broken. Upon a showing that the grounds for divorce exist, the court will issue the divorce. Just like mutual consent divorces, an attorney will try to reach an amicable settlement, but they will also be prepared to fight it in court.

Child Custody and Child Support

Both parents have a presumptive right to access and care for their child, as well as a presumptive obligation to provide financial support for the child. Custody is divided into two topics in Maryland: physical custody and legal custody. Physical custody refers to how much time each parent spends with the child. Legal custody refers to who is able to make important decisions for the child, specifically educational, medical, religious, and disciplinary decisions. Custody determinations are based upon 20+ factors outlined in long-standing case law. Therefore, it is important for you to have a lawyer who will assist you in understanding the factors that will benefit your request for custody.

Once a custody determination is made, child support will be established. Child support is not awarded as a punitive measure against a parent and is not an indication that a parent is less-than if they are required to pay child support. Child support is simply the child or children’s right to be appropriately financially supported by each parent.

A family lawyer in Pikesville can work with you to ensure the court hears that evidence.

Talk to a Pikesville Family Lawyer Today

The Pikesville family lawyers at Price Benowitz have experience with a wide range of marital and family law disputes. We are here to help our clients, whether it means drafting an amicable marital settlement agreement or entering into a battle with your spouse. Schedule a consultation to learn more about the family law matters we can assist with.