Finding the right Westminster family lawyer can feel overwhelming. You want legal counsel with the skills, empathy, and determination needed to handle your situation effectively, especially since you are probably experiencing many emotions. Whether you are facing a divorce, child custody dispute, child support issue, or even something positive like an adoption, you need credible legal representation who can walk you through the litigation process.
Your lawyer should thoroughly understand the potential legal complexities, empathize with your emotional state, and tirelessly fight on your behalf. Learn about how an attorney can assist you during a consultation.
Dissolving a Marriage
Many people seek legal assistance to help end a marriage for various reasons, including cheating and domestic violence. However, marriages can dissolve for other reasons, like partners falling out of love or finding themselves incompatible.
State law allows for a petitioner to seek a divorce even if neither person is “at fault.” However, the individual requesting the divorce must prove that grounds for the divorce exist in accordance with Maryland law. Fault can imply blame, whereas grounds provide a reason. In Maryland, the three possible grounds include:
- Mutual consent
- A six-month separation
- Irreconcilable differences
The court will not issue a divorce unless one of the parties is a state resident. Generally, they must have been a resident for at least six months, though there are exceptions. A Westminster family attorney can inform an individual filing for divorce if the exceptions apply to their case and create a plan best suited for their individual case.
While divorce is the most common way to end a marriage, it is not the only way. Annulments are available under Maryland law but only in very rare circumstances.
Understanding Child Custody and Support
Parents, whether by birth or by adoption, have the right to file for custody or child support and are obligated to provide for their child or children. The law does not give preference to the mother or the father unless a parent’s rights have been terminated or there are prior judicial findings that make a custody award difficult, such as a prior finding of abuse. The primary consideration in any custody determination is the child’s best interest.
Broadly, custody involves two main components: legal custody and physical custody. Maryland law provides for different types of both legal and physical custody, which span a range of shared to sole custody. While a Court will typically favor allowing a child to maintain relationships with both parents, that may not be feasible in every case. When determining custody, the court reviews an expansive list of factors, as outlined by Maryland case law. Those factors include but are not limited to the following:
- The child’s age
- The child’s health needs
- Potential domestic violence
- The parents’ financial status
- The child’s relationship with the parents
Child support is calculated according to state income-based guidelines and based on the number of overnights each parent spends with the child. A family law attorney in Westminster can help you build a compelling case and ensure that your parental rights are upheld throughout the process.
Retain a Westminster Attorney for Assistance With Family Disputes
While you may know people who have needed a family attorney, you may not fully understand the legal process. The role of a Westminster family lawyer is to educate you about your legal rights, explain available solutions, and help craft a strategy to achieve your goals.
It is also crucial for you to approach the situation rationally and realistically. Your legal counsel can advise you to exercise logic rather than emotion due to the long-term effects of those decisions. Call our office today to schedule a consultation.
