FAQ's - Family Law

Question: I want to file for a divorce. In what state should I file?

Answer: The state where you can get a divorce depends on the state where you or your spouse lives. Generally, you may get divorced in any state where either you or your spouse currently lives, as long as the person living in the particular state has lived there for the required period of time. For example, if you want to get divorced in Maryland, Maryland law requires that either you or your spouse has lived in Maryland for at least one year prior to filing for divorce.

If you and your spouse live in separate states, other factors may determine the best place in which to file for divorce. These factors may include the state of residence of any children of the marriage and the location of marital property. You should speak to an attorney to determine the best place to file for a divorce.

Question: What must I do to get a divorce in Maryland?

Answer: To get a divorce in Maryland, you or your spouse must show the required legal grounds. There are certain grounds that are considered “no fault,” such as having a certain period of uninterrupted separation from your spouse, and certain grounds that are considered “fault,” such as being the victim of adultery or abandonment. Proving the grounds to obtain a divorce may be difficult. You should speak to a lawyer for advice on the grounds that are available in your situation.

Question: When in the divorce process should I get an attorney?

Answer: It is advisable that you consult with an attorney as soon you begin to consider getting a divorce. There are steps that an attorney can take even before the grounds for obtaining a divorce are available that may make the trial process at a later time much easier.

Question: Can I just get my marriage annulled?

Answer: Maybe, but probably not. Annulment of a marriage generally occurs when one party shows that the marriage was never valid to begin with. This may be because one party married the other on false pretenses, on the basis of fraud, or in violation of the law. The circumstances that are sufficient to allow for an annulment are rare, and the parties desiring to end their marriage will often have to file for divorce.

Question: Does it matter that my marriage has lasted a very short period of time?

Answer: Generally, no. Regardless of the duration of a marriage, you must still prove the required legal grounds for a divorce.

Question: I have minor children with my spouse. Who will get the children immediately after we separate?

Answer: Spouses with children who separate may be placed in a difficult position of deciding who gets the children. Since there is no child custody court order in place immediately upon separation, the parties are often left to their own resources. They may be forced to work out, on their own, how child custody will be divided until a court can decide and enforce the issue. If you are in this situation, you should consult with an attorney about your legal options for obtaining the fastest possible resolution of child custody issues.

Question: I’m afraid my spouse will hurt me or my children. What can I do?

Answer: Immediately contact the police or the court to obtain a protective or restraining order. Such an order is available if you can show that another person has harmed you or placed you in reasonable fear of harm. In domestic violence situations, such an order may provide that you receive temporary custody of any children for the purpose of ensuring their safety. After calling the police and initiating the process, you should contact an attorney for assistance in proving to the court that such an order is appropriate.

Question: What are the different kinds of child custody in Maryland?

Answer: In Maryland, two types of child custody exist. You have “legal custody” of a child when you have the power to make decisions affecting major issues in the child’s life. You have “physical custody” of a child when the child actually resides with you. Both legal and physical custody may be joint, that is, divided between the parents. Custody may also be placed solely with only one parent. When one parent has sole physical custody, the other parent may have “access” or “visitation” that allows that parent to remain an active part of the child’s life.

Question: How does the court determine who will get custody of our children?

Answer: Although the court understands that each parent may want to have as much involvement in the children’s upbringing as possible, the court determines how to divide custody based only on the best interests of the children. The court may determine that it is in the best interests of a particular child that only one parent, both parents, or neither parent receive custody. You should consult with an attorney about your legal options related to the custody of your children.

Question: Once a court orders child custody, can custody be changed later?

Answer: Yes. Child custody is never permanent and can sometimes be changed if the required circumstances are proven. An attorney can advise as to whether it is advisable to seek a change of custody in a particular case.

Question: What is a scheduling conference?

Answer: A scheduling conference is a hearing that is held in the early stages of a case. The hearing is held before a master or a judge. In a scheduling conference, the master or judge does not make any decisions about who wins or loses in the case. Instead, the master or judge makes simple decisions about how quickly the proceeding will occur and on what dates certain other hearings, including the trial, will take place. After the scheduling conference, the court will issue an order that will state the dates for future hearings and that may require the parties to take certain other steps during the process.

Question: I have a divorce that is uncontested, and my spouse has an attorney. Should I get my own attorney?

Answer: Yes. Even if you and your spouse get along and do not disagree over child custody or the division of property, you should still have a separate attorney. Future disagreements are always possible. An independent attorney can advise you on your rights and the best way to protect those rights in case a disagreement arises. While an opposing spouse’s attorney may be friendly and courteous to you, that attorney is probably looking out for his own client’s interests only. In order to be assured that you are not placed at a potential disadvantage, you should have an attorney.

Question: How will a Maryland court divide our property in our divorce case?

Answer: In Maryland, the court will attempt to divide all your marital property in a way that is fair to both you and your spouse. Marital property, generally, is all property that was acquired or paid for during the marriage. If something was acquired or paid for partially during the marriage and partially before the marriage, such as a house or a car, it will be marital property only to the extent that it was paid for during the marriage.

The court’s division in a way that is “fair” does not necessarily mean that the division will be equal. Rather, the division may attempt to take into account each spouse’s respective needs and contribution to the marriage. A spouse’s contribution may be financial, or it might be another kind of contribution to the household.

Question: How long will the entire divorce process take?

Answer: The length of time that a divorce process will take depends upon its complexity and whether child custody is an issue. A divorce process may take anywhere from a few months to well over a year.

Question: When can I start receiving child support?

Answer: The time when you can start receiving child support varies. If properly requested, a court may order that a party with the children receive child support from the other party even before the custody trial occurs. You should seek the advice of an attorney as to the best time to seek child support.