Setting Realistic Expectations in a Maryland Family Law Case
A Maryland Divorce and/or Child Custody and Child Support Case involve complex litigation that covers many different issues.
What are the different issues that may be covered in a Maryland divorce case?
The primary issues covered in a Maryland Divorce case are as follows:
A. The ground/reason for the divorce
B. Property
1. Determine what is marital property and what is non-marital property
a. Property may include bank accounts, retirement, cars, homes, furniture, etc.
b. While investigating property, the marital debt should be considered also.
2. Assign a value to property that is identified as marital property
3. Divide the marital valued property in a way that is equitable a. Equitable does NOT always mean equal—remember that.
C. Minor Children
1. Determine what access/visitation schedule is in the best interest of the children
2. Determine if joint legal custody or sole legal custody is best
3. Calculate Child Support based on the Maryland Child Support Guidelines
D. Determine if the case is one where Alimony should be considered; if alimony was requested
E. Determine if Attorney’s fees should be awarded; if attorney’s fees was requested
F. Determine if there should be a monetary award granted to either party; if monetary award was requested.
1. In considering monetary award, the Court may review how much debt is assigned to each party.
What are the different issues that may be covered in a Maryland child custody case?
A. The main consideration in Maryland Child Custody Cases is the best interest of the child. In doing so the Court decides the matters as follows:
1. Determine what access/visitation schedule is in the best interest of the children
a. The schedule will result in one of two types of physical custody: sole physical custody and share
2. The title to a car or house purchased during the marriage does not mean he/she is not entitled to a share of the proceeds, if anyThe same is true for retirement accounts accrued during the marriage. The same is true for bank accounts that may only have one have one spouse’s name on the bank account. The consideration that is paramount is WHEN the item was purchased/accumulated/deposited, and not who is or is not on title. In reference to Maryland child custody and Maryland child support cases, many clients are of the belief one parent may not be entitled to access, or that one party is not entitled to child support. The court will review the factors that are
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