Anne Arundel CountyCalvert CountyCharles CountyFamily LawPrince George's CountySt Mary's CountyMaryland Family Law: 10 Common Situations to Hire an Attorney

At The Law Offices of Haskell & Dyer, LLC, we’ve seen many common situations in which Southern Maryland residents benefit from legal guidance in family matters.

Family law issues can be deeply personal and often confusing, and having an experienced attorney by your side can make all the difference.

Below, we outline ten common scenarios in Maryland where you might need to hire a family law attorney – and explain why legal help is important in each case.

We also highlight the key Maryland laws, statutes, and court procedures relevant to each situation, so you know what to expect.

Filing for Divorce in Maryland

Why You Might Need Legal Help

Filing for divorce is a major life decision that can be emotionally and legally complex. In Maryland, even an “uncontested” divorce involves paperwork, deadlines, and specific legal grounds that must be met. You may be unsure about your rights to marital property, your home, or financial support. A family law attorney can guide you through the process – from filing the initial complaint to negotiating a fair settlement – and help ensure your interests are protected. They will explain Maryland’s divorce requirements (like residency and legally recognized grounds for divorce) and advocate for you on critical issues such as property division, alimony, and child custody if children are involved. Having a knowledgeable lawyer can reduce stress and prevent costly mistakes as you move toward a new chapter of your life.

Key Maryland Divorce Laws and Procedures

• Grounds for Divorce (Md. Code, Family Law § 7-103) – Maryland now recognizes three no-fault grounds for absolute divorce: mutual consent, a 6-month separation, or irreconcilable differences. (Prior fault-based grounds like adultery or cruelty were eliminated in 2023 reforms.) This means you must state one of these legal reasons in your divorce filing. There is no longer an option for “limited divorce” or court-ordered separation – living separate and apart for 6 months effectively serves as a ground for divorce.
• Residency Requirement – You can file for divorce in Maryland as long as either you or your spouse is a Maryland resident. If the grounds (reasons) for divorce happened outside Maryland, at least one spouse must have lived in Maryland for 6 months before filing. This prevents out-of-state couples from immediately using Maryland courts unless there’s a connection to the state.
• Filing in Circuit Court – All divorces in Maryland are handled by the Circuit Court for the county (or Baltimore City) where you or your spouse lives. The process begins by filing a Complaint for Absolute Divorce (Form CC-DR-020) along with any required attachments. There is a filing fee (which can be waived for low-income individuals), and you must formally serve your spouse with the divorce papers. An attorney can help you prepare the complaint correctly, file it in the proper court, and ensure your spouse is served according to Maryland law.
• Legal Process and Timeline – After filing, the case proceeds through stages including an answer from the other spouse (required within 30 days if served in MD), possible temporary hearings, discovery, and ultimately a settlement agreement or trial. Maryland courts encourage settlement, but if issues remain contested – like child custody, support, alimony, or division of assets – a judge will decide those in the divorce decree. An attorney will help you meet all court deadlines, represent you in negotiations or court hearings, and make sure any agreement or court order properly addresses all aspects of ending the marriage (property, finances, children, etc.).

Child Custody Disputes in Maryland

Why You Might Need Legal Help

Few things are more important than your children, which is why child custody disputes can be heart-wrenching. Whether you are going through a divorce or separating from an unmarried partner, you’ll want to secure the best arrangement for your child’s well-being. A Maryland family law attorney can help you understand how custody works – including the difference between physical custody (where the child lives) and legal custody (decision-making authority). They can explain what factors Maryland courts consider when deciding custody and develop a strategy to present your parenting strengths in the best light. If you fear for your child’s safety with the other parent, a lawyer can help you seek emergency custody or supervised visitation. Even in amicable cases, an attorney can draft a clear custody agreement or parenting plan that prevents confusion or conflict down the road. In short, a lawyer will advocate for your child’s best interests while also protecting your parental rights.

Physical vs. Legal Custody (Understanding Your Options)

In Maryland, custody orders can be complex. Physical custody refers to where the child lives day-to-day – one parent may have primary physical custody, or parents may share physical custody (for example, a 50/50 schedule). Legal custody refers to the right to make major decisions for the child (like education, healthcare, and religion). Parents can share legal custody jointly, even if physical custody isn’t equal. Courts can award various combinations – for instance, joint legal custody but primary physical custody to one parent, or truly shared physical custody. Because of these nuances, it’s wise to have an attorney help you sort through the terminology and craft a workable custody arrangement tailored to your family’s needs.

Key Maryland Child Custody Laws and Standards

• “Best Interests of the Child” Standard – Maryland courts decide custody based on what arrangement will best serve the child’s welfare – known as the best interests of the child standard. Judges evaluate many factors, including each parent’s fitness and character, the child’s age and health, emotional ties between child and parents, the child’s routine and stability, each parent’s ability to care for the child, and (depending on the child’s age) the child’s own preferences. No single factor dominates; the court weighs all relevant considerations in making a custody determination. An attorney can help gather evidence and present facts to show that your proposed custody plan is in your child’s best interests.
• Maryland Code, Family Law Title 9 – This portion of Maryland law covers custody and visitation provisions. It contains important rules to protect children. For example, if a parent has a history of abuse or domestic violence, the court must consider that and may restrict or deny that parent’s custody or visitation rights (see Md. Code, Family Law § 9-101 and related sections). There’s also a statute that if a parent has kidnapped the child or wrongfully kept the child from the other parent, the court can take that into account (§ 9-301 et seq.). Additionally, Family Law § 9-107 clarifies that a parent’s disability cannot be used against them in a custody decision unless the disability clearly affects the child’s best interests. Knowing these laws allows your attorney to argue effectively on issues of safety and fairness.
• Parenting Plans & Court Procedure – Maryland encourages parents to cooperate on a Parenting Plan. In fact, Maryland Rule 9-204.1 requires courts to provide parenting plan resources and lists factors (14 in total) that parents and judges should consider in custody matters. If parents can agree on a plan (covering schedules, holidays, decision-making, etc.), the court will usually approve it. If not, the case will proceed to a custody hearing or trial. At trial, evidence can include witness testimony, documents, and sometimes a “best interest attorney” appointed for the child. Maryland also follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Family Law Title 9.5), which means if one parent tries to move the case to another state, there are strict rules about which state’s courts can decide custody. A family lawyer can navigate these procedures, help mediate an agreement if possible, or litigate aggressively to protect your parental rights if an agreement isn’t reached.

Child Support Issues in Maryland

Why You Might Need Legal Help

Child support is crucial to ensuring children are provided for financially after parents separate or divorce, but calculating and enforcing support can be complicated. You might be the custodial parent wondering how much support you’re entitled to, or the non-custodial parent concerned about a fair payment that you can afford. Maryland uses specific guidelines to calculate child support, and an attorney can help you understand how those rules apply in your situation. If your child’s other parent is not paying support, a lawyer can assist you in enforcing the order through tools like wage garnishments or contempt of court. Conversely, if you experience a job loss or other change in circumstances, you may need to petition for a modification of support – something a lawyer can prepare and present effectively. In all cases, having legal guidance helps ensure that the support amount is calculated correctly, that all relevant factors (childcare costs, health insurance, etc.) are included, and that your child’s needs are met.

Key Maryland Child Support Laws and Guidelines

• Maryland’s Child Support Guidelines (Md. Code, Family Law Title 12, Subtitle 2) – Maryland law provides a formula for calculating child support, known as the Child Support Guidelines. The guidelines use an income shares model, which means they consider both parents’ gross incomes to arrive at a support amount that corresponds to what the parents together would have spent on the child if the family remained intact. Factors in the formula include each parent’s income, the number of children, work-related childcare expenses, health insurance premiums for the child, extraordinary medical or educational expenses, and any existing support payments for other children. In most cases, Maryland courts will order the guideline amount as child support, on the assumption that it’s fair and appropriate. However, the court can deviate from the guidelines if applying them would be unjust or inappropriate in a particular case – for example, if the combined income is very high or there are other special circumstances.
• Primary vs. Shared Custody Impact (Md. Rule 9-206) – The physical custody arrangement can affect the support calculation. Maryland’s guidelines have built-in adjustments for shared physical custody scenarios. If each parent has the child for more than 25% of overnights per year (at least 92 overnights), the formula will split expenses differently to account for both parents directly providing housing, food, etc.. Maryland Rule 9-206 provides worksheets that calculate support for primary custody cases (one parent has most overnights) versus shared custody cases. Essentially, the more time the non-custodial parent spends with the child, the more the support obligation may be reduced, since that parent is also incurring expenses during their parenting time. A lawyer can ensure the court uses the correct worksheet and accounts for the actual custody split in your situation.
• Enforcement and Modification – Once a child support order is in place, it’s legally binding. If the paying parent falls behind by 60 days or more, Maryland’s Child Support Enforcement Administration (CSEA) can step in to help collect payments. CSEA has powers under state law to garnish wages, intercept tax refunds, suspend driver’s licenses, and even deny passport renewals to enforce support obligations. The law (Family Law Title 10) also provides that an violator of a support order can be held in contempt of court, which may result in fines or jail time in extreme cases. On the other hand, if circumstances change significantly (for example, a big change in income, or a change in the custody arrangement), either parent can request a modification of the support order. Maryland law allows modifications when there is a “material change in circumstance” – meaning the existing order is no longer appropriate or fair. For instance, if a parent loses a job or the child’s needs increase (say, due to medical issues), the court can adjust the support amount. An attorney can file the necessary petition and present evidence of the change. It’s important not to simply stop paying or alter payments on your own without a court order – instead, seek legal help to modify the order officially.

Adoption Processes in Maryland

Why You Might Need Legal Help

Adopting a child is an exciting and joyful event – but it’s also a legal process that must be handled with great care. Maryland’s adoption procedures can be complex, with strict requirements to protect the rights of all parties involved (including the biological parents and the child). You might be a stepparent looking to adopt your spouse’s child, prospective parents seeking to adopt through an agency, or perhaps a family member stepping in to adopt a relative’s child. In each case, a family law attorney can be invaluable. They will guide you through the necessary steps: filing the adoption petition, obtaining required consents or handling consent waivers, completing a home study, and appearing at court hearings. If a biological parent is contesting the adoption or cannot be located, legal representation is crucial to navigate those challenges. An attorney will also ensure you comply with Maryland’s laws (and any relevant federal laws) to finalize the adoption properly, so that your parental rights are secure and recognized. With compassionate and experienced counsel, you can focus on welcoming a new member to your family while the legal details are managed for you.

Key Maryland Adoption Laws and Procedures

• Types of Adoptions & Maryland Codes – Maryland law provides different legal pathways depending on the type of adoption: public agency adoptions (through state or local Department of Social Services, often involving foster care), private agency adoptions (through licensed private adoption agencies), and independent (private) adoptions (such as stepparent or relative adoptions arranged without an agency). These correspond to separate subtitles of the Maryland Code: Family Law Title 5, Subtitle 3 covers public agency adoptions, Subtitle 3A covers private agency adoptions, and Subtitle 3B covers independent adoptions. While the core process is similar, there are specific requirements and procedures unique to each category. A lawyer familiar with these distinctions will ensure you follow the correct process for your type of adoption.
• Court Procedure and Maryland Rules – All adoptions in Maryland must be finalized in court (typically the Circuit Court). The process begins by filing a petition for adoption. Maryland’s court rules outline the required content of the petition and the steps that follow. Maryland Rules 9-101 through 9-113 govern adoption and guardianship cases for children. These rules cover everything from notice to interested parties, appointment of counsel for the child (in some cases), investigations and reports (such as home studies), to the conduct of the hearing. Generally, after filing the petition, there will be background checks and an investigation or home study report submitted to the court. A hearing will be held where a judge determines if the adoption is in the child’s best interest. Having an attorney means your paperwork and court presentations will meet all the technical requirements of these rules, preventing delays or denials due to procedural issues.
• Consent of Biological Parents – One of the most important aspects of adoption is obtaining the legal consent of the child’s biological parents (or legal guardian). Maryland law spells out who must consent and when consent can be waived or dispensed with. In many cases, if the child’s legal parents are living, their consent is required for the adoption to proceed. For example, in an independent (private) adoption, all living parents generally must consent unless a court terminates their parental rights due to unfitness or other statutory grounds. The law provides specific forms and procedures for consent, and consents must usually be confirmed in court to ensure they are given knowingly and voluntarily. Relevant statutes include Md. Code, Family Law § 5-338 and § 5-350 (for independent adoptions) which detail consent requirements and timing. There are also provisions for situations where a parent cannot be found or is withholding consent unreasonably – in those cases, a lawyer can help you petition the court for a termination of parental rights (TPR) so that the adoption can move forward. Because consent issues can be legally sensitive (nobody wants an adoption overturned later due to a flawed consent), having an attorney handle this portion is highly recommended.
• Home Studies and Other Requirements – Adoptive parents will typically need to undergo a home study or pre-adoption investigation. In Maryland, for example, those pursuing a public agency adoption are required to complete a 27-hour parenting course/home study program before the adoption. Private agency and independent adoptions also involve home evaluations by social workers. Additionally, Maryland law requires prospective adoptive parents to be fingerprinted and pass a criminal background check and child abuse registry check. These steps are all part of demonstrating to the court that the adoption is in the child’s best interest. An attorney will prepare you for the home study, explain what documents and information you need to provide, and ensure you meet any state-mandated training or certification. By staying organized and compliant with these requirements, you’ll move through the adoption process as smoothly as possible toward that happy day when the decree of adoption is granted.

Guardianship Cases in Maryland

Why You Might Need Legal Help

“Guardianship” refers to the legal authority to care for someone who cannot care for themselves. You might seek a guardianship if, for example, you are a grandparent or other relative of a minor child whose parents are unable to care for them – or if you have an adult family member who is incapacitated by illness, age, or disability and needs someone to manage their affairs. Guardianship cases can be emotionally charged because they often involve a family in crisis. From a legal perspective, they are also procedurally intensive; courts do not lightly take away someone’s autonomy or parental rights without careful consideration. A family law attorney can help you determine if guardianship is appropriate or if there are alternatives. They will assist with the extensive paperwork (petitions, consents, doctor’s certifications in adult cases, etc.) and represent you in court hearings. If a dispute arises – say, between family members over who should be guardian – your lawyer can present evidence as to why your appointment would be in the person’s best interests. Additionally, after a guardianship is granted, there are ongoing duties like filing reports to the court, which an attorney can help you understand. In short, if you are trying to help a vulnerable child or adult through a guardianship, having an attorney increases the likelihood of a smooth process and a positive outcome for your loved one.

Guardianship of a Minor vs. Adult Guardianship

Maryland law provides for guardianships in two general situations: for minors (children under 18) and for disabled adults who are incapable of managing their own affairs. The basic concept is similar – a court appoints a responsible person (the guardian) to make decisions for the ward – but the legal procedures and requirements can differ. Guardianship of a minor is often sought when the child’s parents are deceased, absent, or otherwise unable to care for the child. Guardianship of a disabled adult (sometimes called guardianship of a disabled person) applies when an adult is judged by the court to be unable to make responsible decisions due to conditions like advanced age, mental illness, developmental disability, or injury. Maryland has separate statutes addressing these scenarios, and the court will consider different factors (for instance, in adult cases, a doctor or psychologist’s certification of disability is required). It’s crucial to file under the correct category and fulfill the specific notice and consent rules for minors or adults – a mistake could delay your case. An attorney will ensure you pursue the proper type of guardianship and meet all legal prerequisites.

Key Maryland Guardianship Laws and Procedures

• Maryland Code, Estates & Trusts Article – Minor Guardianships – In Maryland, guardianships are primarily governed by the Estates & Trusts Article of the state code (since they often relate to managing a person’s property or personal affairs similarly to an estate). For minors, Md. Code, Estates & Trusts § 13-201 provides that a court may appoint a guardian if a minor has property that needs management or if the minor’s parents are unable to provide care. There are actually two types of guardians for minors: a guardian of the person (who looks after the child’s personal well-being – housing, education, medical care, etc.) and a guardian of the property (who handles the child’s finances or assets). The court can appoint one person to do both, or separate people for each role. If you petition for guardianship of a minor, you’ll need to notify the child’s parents (unless they are deceased or their rights have been terminated) and other interested relatives. Maryland law gives preference to parental rights – meaning if a parent is able and willing to care for the child, a non-parent guardian will not be appointed absent extraordinary circumstances. A lawyer can help demonstrate to the court why a guardianship is necessary for the child’s safety or welfare (for example, if both parents consent or are unfit or unavailable).
• Maryland Code, Estates & Trusts Article – Adult Guardianships – For adults who become incapable of making decisions, Maryland law (Estates & Trusts § 13-705 et seq. for guardianship of the person, and § 13-201 et seq. for property, as referenced in § 13-702) lays out the process to have a guardian appointed. A petitioner (often a family member) must provide evidence that the adult is “disabled” as defined by law – meaning they lack sufficient understanding or capacity to make responsible decisions about their personal affairs or property, due to mental disability, disease, habitual drunkenness, drug addiction, or other cause. The court will typically require certificates or letters from medical professionals evaluating the person’s condition. The alleged disabled person is given a chance to contest the guardianship and has the right to an attorney. The court may appoint an independent attorney (or guardian ad litem) to represent the adult’s interests if they are not already represented. If appointed, a guardian of the person for an adult will make decisions about the adult’s housing, medical care, and general welfare, while a guardian of the property manages finances. Often, one person is appointed for both roles, but not always. These cases can be complex and sometimes emotionally charged if family members disagree on who should serve – legal counsel is essential to navigate the proceedings and protect your loved one’s best interests.
• Court Procedures and Oversight – All guardianships require court approval. You will need to file a detailed petition for guardianship, provide notice to interested persons (such as other family members and the subject of the guardianship), and attend a court hearing. Maryland Rules of Procedure (Title 10) outline the forms and steps for guardianship cases. For example, petitioners must include information on the relationship to the child or disabled person, the reasons guardianship is needed, and any property involved. In minor guardianships, if the child is 14 or older, the child has a right to nominate a guardian, and the court will consider that preference. There is also a provision in Maryland law for standby guardianship – where a parent can pre-authorize someone to become guardian of their child if the parent later becomes incapacitated or dies, without the delay of a new court proceeding. Once a guardianship is granted, the court continues to supervise the guardian. Guardians of the property must file annual accountings showing how they’ve managed the funds, and guardians of the person may need to file reports on the well-being of the ward. These ongoing requirements are critical to follow. An attorney will help you understand and comply with all court rules – from the initial petition through to the annual reports – so that your guardianship remains in good standing and truly serves the best interests of the child or adult under your care.

Domestic Violence Situations (Protective Orders in Maryland)

Why You Might Need Legal Help

If you or your children are experiencing domestic violence or threats of harm, your safety is the top priority. Maryland provides a legal process to obtain Protective Orders (sometimes called restraining orders) to keep abusers away – but when you’re in crisis, navigating the court system can be overwhelming. A family law attorney can be a lifeline in this situation. They will act quickly to file the necessary petitions, often on an emergency basis, to get you immediate protection. An attorney who understands Maryland’s domestic violence laws will know what evidence is needed to convince a judge to issue a Protective Order (such as medical reports, photographs of injuries, or witness statements). They can also advise you on additional steps, like changing locks, documenting incidents, or pressing criminal charges if appropriate. In court, your lawyer will stand by your side during what can be a frightening confrontation with your abuser, ensuring your voice is heard. Moreover, if a Protective Order is granted, an attorney can help enforce it – for instance, if the abuser violates the order’s terms, your lawyer can work with authorities to hold them accountable. In domestic violence situations, having legal support not only increases your chances of obtaining an order that fully protects you (including provisions for child custody, financial support, and housing if needed), but it also provides much-needed guidance and reassurance during a very dangerous time.

Protective Orders vs. Peace Orders in Maryland

Maryland actually has two types of court orders to protect people from violence or harassment: Protective Orders and Peace Orders. A Protective Order is the remedy available in cases of domestic violence – meaning the person threatening or abusing you is a family member, spouse, intimate partner, co-parent, or someone with whom you have a specific close relationship. Protective Orders can order the abuser to stay away, stop contacting or abusing you, vacate a shared home, and even grant you temporary custody of children or use of a vehicle. If you do not have one of the qualifying relationships for a Protective Order (for example, if the person abusing you is a dating partner you never lived with, a neighbor, or a stranger), you may instead seek a Peace Order under Maryland law. Peace Orders are very similar in terms of the relief they provide (stay-away orders, no-contact, etc.), but they cover other situations like dating violence, stalking by an acquaintance, or harassment by someone not related to you. The process to get a Peace Order is also slightly different (Peace Orders are handled in District Court). It’s important to file for the correct order so that you’re eligible for protection. A lawyer can quickly determine which type of order fits your case and make sure your petition includes the necessary details to get the judge’s attention.

Key Maryland Laws for Domestic Violence Protection

• Definition of “Abuse” (Md. Code, Family Law § 4-501) – Maryland’s Family Law Article defines domestic abuse broadly for purposes of Protective Orders. It includes acts such as assault, serious bodily harm, an act that places someone in fear of imminent serious harm, rape or sexual assault, false imprisonment, stalking, and even abuse of a pet. Notably, the law was expanded to include “revenge porn” (the non-consensual distribution of private intimate images) as a form of abuse. Family Law § 4-501 contains these definitions. To get a Protective Order, you must allege that one of these forms of abuse occurred, and that the respondent (the person against whom you want the order) is a person covered by the statute – for example, your current or former spouse, someone you have a child with, someone you’ve lived with in an intimate relationship for at least 90 days, a family member, or a vulnerable adult in your care. An attorney will help frame your allegations in terms of the statutory definitions to meet the legal standard for relief.
• Protective Order Process – The protective order process in Maryland typically has three stages: an interim order, a temporary order, and a final order. If courts are closed (for example, at night or on a weekend), you can get an Interim Protective Order by speaking with a District Court commissioner – this is a short-term order that lasts just until the court opens again. During court hours, you start by filing a petition in either the District or Circuit Court (District Court is more common for immediate relief) and asking for a Temporary Protective Order, which a judge can grant ex parte (without the abuser present) on the same day if the judge finds you’ve been abused and are in danger. The temporary order will last up to 7 days (sometimes extended to 6 months in special circumstances) until a full hearing. Finally, at the full hearing (where the abuser has the chance to be present and contest), the court may issue a Final Protective Order which can last up to one year (and can be extended for good cause). Final Protective Orders can include various forms of relief: ordering the abuser to stay away from you and refrain from contacting or harming you, granting you temporary custody of children and pets, awarding use and possession of the home or car, and ordering the abuser to surrender any firearms. Navigating these steps can be daunting, but a lawyer will ensure all deadlines are met (e.g. that you don’t miss the final hearing) and that you request every form of protection you need.
• Enforcement and Violations – Once you have a Protective Order, it is critical to know that violating it is a crime. Maryland makes it a misdemeanor offense to violate any provision of a Protective Order (such as coming to your house, contacting you, or refusing to vacate the home as ordered). If the respondent violates the order, they can be arrested and face fines or jail time. Additionally, the Protective Order itself can be enforced by calling the police or by reporting violations to the court. Maryland’s law provides that police shall arrest a person if there is probable cause to believe they have violated a Protective Order (even if the officer didn’t see it happen). For your part, always keep a copy of the order with you and don’t hesitate to call 911 if the order is disobeyed. An attorney can help you in the aftermath of a violation by bringing the matter to a judge’s attention and requesting contempt sanctions or an extension of the Protective Order. Remember, Protective Orders are civil orders, but many forms of domestic abuse (assault, stalking, etc.) are also separate criminal offenses – your lawyer can coordinate with criminal prosecutors if charges are being pursued. The goal is to use every legal protection available to keep you safe from further harm.

Prenuptial Agreements in Maryland

Why You Might Need Legal Help

Discussing a prenuptial agreement (“prenup”) with your future spouse isn’t exactly romantic, but for many couples it is a wise step – especially if you have significant assets, children from a prior relationship, or simply want to decide financial matters in advance. A prenup is a contract entered before marriage that outlines how certain issues (like property division and alimony) would be handled if the marriage were to end. In Maryland, because there’s no specific statute governing prenups, these agreements must be crafted carefully under general contract law principles. To be enforceable, a prenup should be fair, entered into voluntarily, and based on full disclosure of each party’s finances. A family law attorney is essential in drafting or reviewing a prenuptial agreement to ensure it will hold up in court. Your lawyer will talk through difficult topics with you and your fiancé(e) – who gets what property, how will debts be handled, will anyone waive alimony rights, etc. – and put it in clear legal language. They will also make sure that provisions which cannot be in a prenup (for example, agreements about child custody or child support are not enforceable) are left out. Having separate attorneys for each party is actually recommended, as it demonstrates that both sides had independent advice (this helps prevent later claims of duress or unfairness). In short, an attorney brings an objective perspective and ensures your prenup meets Maryland’s legal standards, giving you both peace of mind as you enter marriage.

Key Points About Maryland Prenuptial Agreements

• No Specific Maryland Statute (Contract Law Applies) – Unlike some states, Maryland has not adopted a separate “Uniform Prenuptial Agreement Act” or similar statute for prenups. Maryland law does allow people who are about to marry (or already married) to make contracts concerning their property and rights, but these agreements are judged under ordinary contract law. This means a prenup in Maryland must meet the general requirements of a valid contract: for example, there must be an offer, acceptance, and something of value exchanged (the marriage itself can be part of the exchange), and both parties must enter it freely and knowingly. Courts will look at factors like whether there was full financial disclosure between the partners and whether the agreement is unconscionably one-sided. In case of a dispute, Maryland courts have the power to decide if a prenup is valid or if parts of it should be set aside due to fraud, duress, or other contract defenses. An attorney will ensure your agreement is prepared in a way that maximizes its enforceability – clearly written, properly executed, and fair in its terms.
• Formalities and Best Practices – For a prenup to be enforceable in Maryland, it must be in writing and signed by both parties. (Oral prenups are not recognized, obviously.) There’s no requirement that it be recorded or filed with a court, but it’s wise to have the signatures notarized or witnessed, which can later help prove that no one forged a signature or signed under duress. Each party should have plenty of time to read and consider the agreement – presenting a prenup the night before the wedding, for instance, could raise red flags that one side was coerced. Maryland strongly encourages (and some case law effectively requires) full disclosure of assets and debts before signing. This means you and your fiancé(e) should exchange financial statements or lists of what you own and owe. Hiding significant assets could make the agreement vulnerable to being voided later. An attorney will help organize this exchange of information. It’s also recommended that each party consult their own lawyer (what we call “independent counsel”) so that later neither can claim they didn’t understand what they signed. When these best practices are followed, prenups are generally upheld in Maryland, and courts view them as valid contracts.
• Limitations of Prenups (What They Can’t Do) – Prenuptial agreements can cover a wide range of financial topics – for example, division of property (both premarital assets and assets acquired during marriage), responsibility for debts, business ownership, spousal support (alimony) rights, inheritance rights, and estate planning matters. However, there are certain things you cannot pre-decide in a prenup under Maryland law. Most importantly, you cannot determine child custody or child support in advance. Any agreement that waives or limits child support, or decides custody of future children, will not be enforced because the court will always decide those issues based on the child’s best interests at the time of a divorce. Additionally, you cannot contract for anything illegal or against public policy (for instance, a clause that penalizes a spouse for filing for divorce, or financial incentives tied to personal conduct, may be struck down). Maryland also does not permit contracts “promoting” divorce – you can plan for the possibility, but you cannot have an agreement that essentially encourages divorce (historically, Maryland even voided agreements that included a promise to marry or not to divorce, though the law has evolved). Finally, while you can waive alimony or set a fixed amount, Maryland courts might scrutinize an alimony waiver for unconscionability at the time of enforcement – if enforcing it would leave one spouse destitute or on public assistance, a court might override it. A lawyer will help draft the prenup so that it’s reasonable and conforms to Maryland’s public policy, which increases the odds that every provision will be honored if it’s ever needed in the future.

Spousal Support (Alimony) in Maryland

Why You Might Need Legal Help

Questions about spousal support (alimony) often arise during divorce and can be a source of conflict. Alimony is not automatically granted in every Maryland divorce – one spouse has to request it, and the court decides whether to award it based on various factors. If you believe you’re entitled to support (maybe you sacrificed a career to raise children, or your spouse earns much more than you), you’ll want an attorney to present a strong case on your behalf. Conversely, if your spouse is asking you for alimony and you think it’s not justified or should be limited in amount or duration, a lawyer can help protect you from an unfair financial burden. Maryland law allows different types of alimony, including temporary support during the divorce case and potentially longer-term support after the divorce. Determining the right type and amount requires understanding how judges evaluate need and the ability to pay. A family law attorney will gather the necessary financial information (income, expenses, assets) and apply Maryland’s alimony factors to your situation. They can also negotiate with your spouse’s attorney to reach a reasonable settlement on alimony, possibly avoiding a court fight. Because alimony can significantly affect your financial stability post-divorce – whether you’re the one paying or receiving – it’s important to have legal guidance to achieve a fair outcome.

Key Maryland Alimony Laws and Considerations

• Types of Alimony in Maryland – Maryland recognizes three basic types of alimony: pendente lite, rehabilitative, and indefinite. Pendente lite alimony is temporary support one spouse pays to the other while the divorce case is ongoing (before the final divorce decree). Its purpose is to maintain the status quo and ensure the dependent spouse can pay living expenses and legal bills during the litigation. Rehabilitative alimony is the most common type of final alimony in Maryland. It is support for a fixed period or for a particular goal – for example, a few years of support to allow the recipient to obtain a job, go back to school or training, and become self-supporting. The idea is to “rehabilitate” the spouse’s earning capacity. Indefinite alimony is more rare; it’s an open-ended support order with no specified end date. Maryland courts can award indefinite alimony only in special circumstances: typically if even after the dependent spouse makes efforts to become self-supporting, there would be an “unconscionable disparity” in living standards between the two ex-spouses, or if the dependent spouse cannot reasonably be expected to become self-supporting due to age, illness, or disability. An example might be a long-term marriage where one spouse has a serious health condition preventing employment – the court might order indefinite support from the healthier, working spouse. Knowing which type(s) of alimony to pursue or contest is crucial. Your attorney will assess your case and argue for the form of alimony that fits (requesting indefinite alimony, for instance, if you clearly meet the tough criteria, or pushing for rehabilitative alimony instead of indefinite if you’re on the paying side).
• Factors Considered (Md. Code, Family Law § 11-106) – Maryland law lays out a comprehensive list of factors courts must evaluate when deciding whether to award alimony, how much, and for how long. These factors include: the ability of each party to be self-supporting (education, work skills, job opportunities), the time necessary for the dependent spouse to gain training or education to find employment, the standard of living established during the marriage, the duration of the marriage, each spouse’s contributions to the well-being of the family (monetary and non-monetary, so contributions as a homemaker count), the circumstances that led to the estrangement (fault grounds or misconduct can be considered in alimony in Maryland), the age and health of each spouse, and each spouse’s financial needs and resources (including income, assets, and debts). The court also considers if the paying spouse’s assets and income are sufficient to meet both their own needs and those of the spouse seeking alimony. No one factor is decisive, but essentially the court is balancing the fairness to both parties – ensuring the supported spouse isn’t left destitute, but also not imposing an undue burden on the payer. An attorney’s role is to present evidence on all these factors: perhaps showing the sacrifices you made that hurt your earning capacity, or conversely showing that your spouse is capable of working and doesn’t need lengthy support. Maryland judges have significant discretion in alimony cases, so skilled advocacy is key.
• Alimony Duration and Modification – In Maryland, alimony is usually not forever. Rehabilitative alimony might last a few years; even indefinite alimony can be ended by the court if circumstances change. Importantly, you must request alimony before the divorce is final – if you don’t ask for it (or resolve it by agreement) as part of the divorce case, you cannot come back later and get it after the marriage is dissolved. This is why having an attorney early is important – they will ensure alimony is addressed timely. Once an alimony order is in place, Maryland law (Family Law § 11-107 and § 11-108) allows for later modification if there is a material change in circumstances. For example, if the paying spouse loses their job or the receiving spouse becomes self-sufficient sooner than expected, an adjustment can be requested. Alimony typically terminates upon the death of either party, or if the recipient remarries (and in Maryland, cohabitation with a new partner may be grounds to seek modification, though the law doesn’t automatically cut off alimony for cohabitation as it does for remarriage). Courts can also set a specific termination date in the original order. By statute, even indefinite alimony can be modified or terminated if it’s no longer needed or if it becomes unjust (for instance, if the recipient suddenly inherits a fortune). An experienced lawyer can advise you on what a fair duration would be in your case – perhaps negotiating a stepped-down amount over time or a review after a couple of years. They will also protect your right to future modifications by including appropriate language in the divorce decree (Maryland allows parties to agree that alimony will not be subject to modification, but that must be clearly stated). Overall, alimony is one of the most negotiable aspects of a divorce, and having a savvy attorney gives you the best chance of securing an outcome that is workable for your financial future.

Division of Assets and Debts in Divorce

Why You Might Need Legal Help

Dividing up a household’s assets and debts is often one of the trickiest parts of a divorce. Maryland is an equitable distribution state, which means that marital property isn’t necessarily split 50/50 – instead, it’s divided in a way the court deems fair (equitable) given the couple’s circumstances. Determining what is “marital property” itself can be complicated, especially if you have assets like retirement accounts, family businesses, real estate, or commingled funds. Emotions can run high when deciding who keeps the house or how to split financial accounts. A family law attorney will help in several critical ways: identifying all assets and liabilities (sometimes a spouse may try to hide or undervalue things), classifying assets as marital or non-marital, and advocating for a fair distribution either through negotiation or in court. They will be familiar with Maryland’s property laws and can advise if, for instance, you are entitled to a share of your spouse’s pension or if you might keep a larger portion of an asset because of something you contributed. If you and your spouse can reach a property settlement agreement, your lawyer will ensure it’s written correctly and is comprehensive (covering all items, taxes, and future implications). If not, your lawyer will prepare evidence for trial on property issues – for example, appraisals of real estate or valuations of businesses – to support your claims. Because the outcome can significantly affect your financial stability post-divorce, having legal guidance is crucial to get the settlement you deserve.

Key Maryland Laws on Property Division

• Marital vs. Non-Marital Property (Md. Code, Family Law § 8-201) – Under Maryland law, the first step is distinguishing marital property from any separate (non-marital) property. In general, “marital property” includes all property acquired by either spouse during the marriage, regardless of whose name is on the title or who paid for it. This can include income earned, real estate, vehicles, furniture, bank accounts, investments, retirement accounts, and so on acquired during the marriage. There are a few important exceptions: property that was owned by one spouse before the marriage, inherited assets or gifts received by one spouse from a third party (not from the other spouse), and anything that the spouses have agreed in writing to treat as non-marital (for example, in a prenuptial agreement or a postnuptial agreement). Additionally, if an asset acquired during the marriage is directly traceable to one of those non-marital sources (say you used money you inherited to buy a car), that asset (or the portion bought with the inheritance) may be considered non-marital. It can get complicated if funds were commingled – for instance, an inheritance deposited into a joint account might become marital property by losing its separate identity. An attorney’s job is to help trace funds and argue for the classification that favors your interests (either pulling something out of the marital pot if you can prove it’s separate, or including something in the marital pot if your spouse claims it’s separate without proof).
• Property Valuation and Disclosure – Maryland law (Family Law §§ 8-203, 8-204) requires the court to identify all property and determine what is marital property, then value the marital property as of a specific date (often the date of divorce). Both spouses are obligated to disclose their assets and debts fully during the divorce process. Maryland courts provide a form called the Joint Statement of Marital and Non-Marital Property (CC-DR-033), which the parties must fill out to list all assets, their values, and indicate any disagreements about what is marital. Accurately valuing assets can involve appraisals (for real estate), statements for bank and retirement accounts, and expert opinions for businesses or unusual assets. Debts are also part of the equation – the court will consider mortgages, loans, credit card debts, etc., and whether they are marital (incurred during the marriage for a marital purpose) or non-marital. An attorney ensures no asset or debt is overlooked and helps obtain proper valuations (for example, calculating the marital portion of a pension earned partly before the marriage). Full disclosure and valuation are critical; without them, the court can’t fairly divide the property. If a spouse tries to hide assets, your lawyer can use discovery tools (like interrogatories, subpoenas, depositions) to uncover the truth.
• Equitable Distribution (Md. Code, Family Law § 8-205) – Once it’s clear what property is marital and what its value is, the Maryland court’s task is to distribute it equitably. The judge can’t literally split most assets in half, so the law allows the court to issue a monetary award – basically an order that one spouse pay the other a lump sum to achieve fairness. The court can also transfer ownership of certain assets (for example, it can order that one spouse’s name be removed from the deed to the family home so the other spouse becomes sole owner, or transfer a jointly titled car to one party). Note that in Maryland, the court cannot transfer ownership of real estate jointly titled in both names without agreement – instead, it can only grant exclusive use and possession for up to 3 years if there are minor children, or order it sold, or award one party a monetary award to compensate. In deciding how to divide assets or the amount of a monetary award, Maryland courts consider factors similar to alimony factors. These include: the length of the marriage, each party’s contributions to acquiring and maintaining property (including non-monetary contributions like homemaking or child-rearing), the economic circumstances of each party (their needs, income, and assets) at the time of divorce, any agreement between the parties (like a prenup defining property rights), the value of each spouse’s separate property, and the circumstances that led to the estrangement (marital misconduct can be considered in Maryland for property division). The goal is not to punish or reward either spouse, but to reach a fair result. For example, in a long marriage where one spouse earned all the income and the other stayed home, an equitable division might be close to 50/50. But if, say, most assets were earned by one spouse shortly before separation, or one spouse squandered marital funds, the division might tilt accordingly. A lawyer will present arguments for an equitable distribution favorable to you – whether that’s an equal split or an arrangement that accounts for your greater contributions or needs.
• Debts and Other Considerations – “Division of assets and debts” includes not just physical things like houses and cars, but also marital debts. Maryland courts can consider which party should be responsible for debts incurred during the marriage. For instance, if one spouse ran up credit cards for personal expenditures, an attorney can argue those should be that spouse’s sole responsibility. Another key aspect is pensions and retirement accounts: Maryland treats the portion of retirement benefits earned during the marriage as marital property (even if the account is only in one spouse’s name). These are often divided by a special court order (a QDRO – Qualified Domestic Relations Order) after divorce. It’s vital to handle those correctly, and a lawyer will do so to ensure you get your share. Also, Maryland has something called “use and possession” for the family home and family use personal property (like furniture, appliances, and a family car). If you have minor children, the court can award the custodial parent exclusive use of the marital home and those family items for up to 3 years post-divorce. This is to let the children continue to live in their familiar home temporarily. It doesn’t change ownership of the house, but it can delay its sale. If this is important to you (perhaps to keep children stable in school), your attorney can request it. Overall, because property division has many moving parts and legal technicalities, having a lawyer is crucial. They ensure all assets (and liabilities) are accounted for, the law is correctly applied, and that you don’t inadvertently waive any rights – setting you up for a fair financial fresh start after your divorce.

Paternity Issues in Maryland

Why You Might Need Legal Help

Paternity issues revolve around legally establishing who a child’s father is (or, in some cases, challenging a presumed fatherhood). These issues can affect a father’s rights to custody and visitation, a mother’s ability to obtain child support, and a child’s entitlement to benefits like inheritance, health insurance, or Social Security from the father. You might need a family law attorney if you are an unmarried mother seeking to prove paternity so you can get child support, or if you’re a father who wants to assert your parental rights and ensure you have a legal relationship with your child. Alternatively, sometimes a man is incorrectly assumed to be a child’s father – for example, if the child was born during a marriage but the husband is not the biological father – and needs to disprove paternity to avoid unjust support obligations. Maryland’s paternity laws involve specific procedures (like genetic testing and court hearings), and the outcomes have long-term consequences for all parties. An attorney can guide you through filing a paternity petition or responding to one, help arrange DNA testing through the court, and represent you in any hearings. They will also advise on related matters: once paternity is established, what are the next steps for custody, visitation, and support? Ultimately, resolving paternity with the help of a lawyer can provide clarity and security – ensuring that the child has the correct father listed legally and that both parents’ rights and responsibilities are properly addressed.

Key Maryland Paternity Laws and Procedures

• Marital Presumption of Paternity – Maryland, like most states, has a longstanding presumption: if a child is born to a married woman, her husband is presumed to be the child’s father. This is codified in Md. Code, Estates & Trusts § 1-206(a), which essentially treats the husband as the legal father of the child. It’s a rebuttable presumption, meaning it can be challenged with evidence, but it’s strong – the idea is to protect the integrity of the family unit. There are time limits and specific procedures to challenge paternity in this situation. For instance, if someone else (a putative father) claims to be the biological father, or if the husband denies paternity, a court action would be needed to overcome the presumption. Additionally, Md. Code, Family Law § 5-1027(c) provides that in paternity proceedings there is a presumption a man is the father if he was married to the mother when the child was conceived – but this can be rebutted by genetic test results or other evidence. If you are dealing with a scenario where the husband is not the biological father, an attorney is almost essential to navigate removing the husband’s legal status and possibly establishing the biological father’s paternity in his place. Timing is important; Maryland may bar certain challenges after a statutory deadline (to ensure a child has stability regarding parentage).
• Voluntary Acknowledgment (Affidavit of Parentage) – Maryland provides a straightforward method for unmarried parents to establish paternity without court involvement: the Affidavit of Parentage. If the mother is not married at the time of the child’s birth, both parents can sign this affidavit, typically at the hospital when the child is born or later, which officially acknowledges the man as the child’s father. Once properly signed and witnessed (or notarized if done later), this Affidavit has the legal effect of a paternity judgment. The father’s name will be added to the birth certificate, and he becomes the legal father with all the rights and duties that entails (such as the duty to pay child support and the right to seek custody/visitation). Importantly, Maryland allows either parent 60 days to rescind (cancel) the affidavit after signing, in case of change of heart or error. After 60 days, it can only be challenged in court on grounds like fraud or mistake. An attorney can assist in ensuring the Affidavit of Parentage is filled out correctly, or guide you on how to challenge one if you believe it was signed based on false information. For example, if you signed an affidavit and later DNA testing shows you are not the father, you’d need to take legal action promptly. On the flip side, if you’re a mother and the father didn’t sign an affidavit, a lawyer can help you pursue a court order instead.
• Court Paternity Proceedings (Family Law Title 5, Subtitle 10) – When paternity is not acknowledged voluntarily, a court case can establish it. A paternity proceeding in Maryland is usually initiated by filing a complaint in the Circuit Court (often by the mother or by the local child support agency on the mother’s behalf, but a father can also file to establish his paternity). Maryland’s paternity statutes (Family Law § 5-1001 through § 5-1048) outline the process. Both parties may be ordered to undergo genetic testing (DNA tests). Maryland law specifies that if genetic tests show a 97.3% or greater probability that the man is the father, that creates a presumption of paternity, which is very strong evidence for the court. In practice, modern DNA tests are 99+% accurate, so they virtually guarantee establishing paternity if the man tested is indeed the biological father. If the alleged father refuses to cooperate with testing, the court can default him (legally declare him the father by default). Assuming the test proves paternity, the court will issue an order declaring that man as the father. Once paternity is established, the court in the same proceeding will typically address child support (ordering the father to pay support per the guidelines) and can also address legal decision-making authority and parenting time, if those issues are raised. A lawyer’s help is critical in these cases to ensure the testing is done correctly, presented properly, and that once paternity is decided, the resulting orders for support or custody are fair. For putative fathers, an attorney can also help by making sure you’re not named the father without proper evidence – for instance, by demanding DNA proof. And if you are proven to be the dad, your lawyer will work to secure your parental rights so you can be in your child’s life, not just pay support.
• Changing or Challenging Paternity – Occasionally, paternity issues arise after an initial determination. For example, a man might sign an Affidavit of Parentage or be named as the father in a court order, and later evidence (like a DNA test) shows he is not the biological father. Maryland law (Family Law § 5-1038) does allow in certain circumstances for a paternity declaration to be rescinded or modified, but the window for that can be limited. Generally, after a court finds paternity, that finding can only be undone upon a motion with newly discovered evidence (like genetic tests) and usually must be done in the child’s early years. The court’s priority will be the child’s best interests – if a man has acted as the child’s father for a substantial time, the court might be reluctant to disturb that even if biology says otherwise, to avoid harming the child. Due to these complexities, anyone seeking to disprove paternity (such as a divorced husband learning years later a child wasn’t his) should get legal advice immediately. Conversely, if you are the biological father and want to assert your rights, but another man is on the birth certificate, you’ll also need an attorney’s help to intervene legally. In summary, paternity law can affect your family in profound ways, and Maryland’s framework – from marital presumptions to DNA tests – is something a family lawyer can help you navigate to reach the truth and an outcome that serves the child’s welfare.

Closing Thoughts: Family law matters are often emotionally charged and legally intricate. Whether you’re ending a marriage, fighting for your children, planning for the future, or ensuring a loved one’s safety, it helps to have a compassionate yet assertive legal advocate on your side.

At The Law Offices of Haskell & Dyer, LLC, we pride ourselves on guiding Southern Maryland families through these common (and not-so-common) situations with knowledge, care, and dedication.

If you find yourself facing any of the scenarios in this guide, consider reaching out for a consultation. Having a skilled Maryland family law attorney can make all the difference in protecting your rights and achieving a stable, positive outcome for you and your family.

Sources:

1. Maryland General Assembly. (2024). Family Law § 1-201 – Jurisdiction of Equity Court. Retrieved from https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=1-201

2. Maryland General Assembly. (2024). Family Law § 5-203 – Parental Rights and Duties. Retrieved from https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=5-203

3. Maryland General Assembly. (2024). Family Law § 9.5-201 – Maryland Uniform Child Custody Jurisdiction and Enforcement Act. Retrieved from https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=9.5-201

4. Maryland General Assembly. (2024). Family Law § 12-202 – Use of Child Support Guidelines. Retrieved from https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=12-202

5. Maryland General Assembly. (2024). Family Law § 8-201 – Definitions Related to Property Disposition in Divorce and Annulment. Retrieved from https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gfl&section=8-201

6. Maryland Judiciary. (n.d.). Family Law Court Forms. Retrieved from https://www.courts.state.md.us/family/family-forms

7. The People’s Law Library of Maryland. (n.d.). Family Law. Retrieved from https://www.peoples-law.org/cat/family-law

8. The People’s Law Library of Maryland. (n.d.). Child Custody in Maryland. Retrieved from https://www.peoples-law.org/child-custody-maryland

9. Westlaw. (n.d.). Maryland Code and Court Rules – Family Law. Retrieved from https://govt.westlaw.com/mdc/Browse/Home/Maryland/MarylandCodeCourtRules?guid=N9E602A709B6B11DB9BCF9DAC28345A2A

10. Justia. (2024). Maryland Family Law Code. Retrieved from https://law.justia.com/codes/maryland/family-law/

11. Women’s Law Center of Maryland. (n.d.). Chapter 200 – Divorce, Annulment, Alimony, Child Support, and Child Custody. Retrieved from https://www.womenslaw.org/laws/md/statutes/chapter-200-divorce-annulment-alimony-child-support-and-child-custody

12. National Immigrant Women’s Advocacy Project. (n.d.). Maryland Family Law – Jurisdiction and Service of Process [PDF]. Retrieved from https://niwaplibrary.wcl.american.edu/wp-content/uploads/NIWAP-MD.pdf

13. Maryland Courts. (n.d.). Maryland Code and Rules Sources. Retrieved from https://www.mdcourts.gov/lawlib/research/gateway-to-md-law/code-rules-laws-sources

14. FindLaw. (n.d.). Maryland Code, Family Law. Retrieved from https://codes.findlaw.com/md/family-law/

15. LAWS.com. (n.d.). Maryland Family Law. Retrieved from https://family.laws.com/maryland-family-law

These sources provide in-depth information on various aspects of Maryland family law, including divorce, child custody, child support, adoption, guardianship, and more.

They are invaluable for anyone seeking to understand or navigate family law matters in Maryland.

If you need further assistance or have specific questions about any of these topics, feel free to ask!