Cumberland County, MD Family Law Attorney
Family law includes a wide range of issues that represent some of the most challenging times in a person’s life. Facing them on your own could have legal consequences that impact your life long after the case is over.
Fortunately, our experienced family law attorneys can help you with countless family issues. If you are going through a divorce, our team can help you negotiate it on your behalf to ensure your rights are protected. This includes fighting for your parental rights in custody hearings and calculating a fair amount of child support.
Contact Rice, Murtha & Psoras today at (410) 694-7291 to receive your free case consultation with our family law attorneys.
Common Cases Our Family Law Attorneys Handle in Cumberland County, MD
Family law is a wide area of legal practice impacting some of the most important aspects of a person’s life. Whether filing for divorce or fighting for your parental rights, it is crucial to have legal support from family law attorneys that understand the nuances of family law.
Prenuptial and Postnuptial Agreements
Before tying the knot, it is not unreasonable or uncommon for couples to consider how certain assets will be dealt with in the future. If you are independently wealthy or have a business that you would like to keep outside of the marital property, a prenuptial agreement can help secure your assets. A prenuptial agreement is a contract that you and your future spouse enter into in contemplation of your marriage.
Similarly, a postnuptial agreement is a contract made after getting married to govern how property will be distributed and how support will be arranged if divorce is eventually filed. Postnuptial agreements could also be useful if the spouses’ economic conditions substantially change or new assets have been inherited during the marriage, or either party wants to modify an existing prenup.
Divorce
Divorce is one of the most difficult yet common family law issues that our attorneys help clients through. Divorce cases in Cumberland County can be complex as there are two types of divorce in Maryland. An “absolute” divorce is what most people think of when pursuing a divorce, in which your marital bonds are totally dissolved, and your assets have been successfully divided. However, some couples might get a “limited” divorce on their way to receiving an absolute divorce.
A limited divorce can be thought of as a legal separation, but where the court can make limited decisions regarding the separation. In a limited divorce, orders can be made for limited alimony, limited child support, as well as temporary child custody and who has use of the marital home.
Regardless of the type of divorce being filed for, grounds for the divorce will need to be provided, even if a “no-fault” divorce is being sought. If one spouse is contesting the divorce, evidence of wrongdoing is required for the divorce to be granted. Common grounds for a fault divorce in Maryland include adultery, “extreme” cruelty, imprisonment, and insanity. If a couple is seeking a no-fault divorce, they can claim mutual consent or the fact that they have been separated for a year or more as grounds for the divorce.
Division of Property
One of the biggest concerns for individuals getting divorced in Cumberland County is how assets will be divided. Many people believe that the court basically does a 50/50 split of property upon divorce. However, that is not the case in Maryland.
In Maryland, marital property is “equitably” distributed based on what is fair in the situation. To determine what is fair, the court can consider numerous factors, including what each contributed to the marital property, how long they have been married, and many others.
This can be a straightforward process if you have a prenuptial or postnuptial agreement. If no agreement is in place, you will need to determine what is marital and what is non-marital property. Non-marital property is typically property you acquired before getting married and property given to just one spouse during the marriage (e.g., an inheritance or gift). Any property or money obtained during the marriage will generally be considered marital property unless there is a prior agreement stating otherwise.
Alimony and Spousal Support
Alimony or spousal support can be sought in a divorce if one spouse depended on the other financially during the marriage. Even if only a limited divorce is granted, the court has the right to grant temporary alimony to provide support during the divorce process. The terms of alimony can be negotiated in a limited divorce agreement or set by the court after determining what is equitable.
Child Custody
Child custody cases are some of the most challenging for those involved, especially if they are being determined as part of divorce proceedings. If the couple is going through an amicable divorce, setting the terms of custody might not be too difficult. If a limited divorce includes how parental rights will be allocated, the court will likely accept it. In these cases, parents might share joint custody, with the child living with both parents some of the time. Both parents will usually have joint legal custody, as well. This means that both parents have equal rights to make important decisions regarding their child’s upbringing, including medical decisions and where their child will go to school.
In other cases, though, it will be necessary to have the court intervene in the best interest of the child. If the other parent is dangerous or is already violating set custody terms, you might need to fight for sole custody of your child.
Child Support
In addition to custody decisions, child support plans must be agreed upon when parents get divorced. Each parent is required to support their child, but the parent not living with the child usually must provide their fair share of support. The court will consider many factors when deciding how much support should be provided. This includes the parents’ income, childcare expenses, health insurance costs, and many more.
Sometimes, a parent might be intentionally underemployed to reduce their support payments or increase payments if they have custody. Our team can investigate the other parent’s income to determine if they are trying to manipulate the court and avoid their responsibilities.
Our Cumberland County, MD Family Law Attorneys Can Help
For a free case review with our family law attorneys, call Rice, Murtha & Psoras today at (410) 694-7291.