Frequently Asked Questions About Maryland Family Law
Guidance From Neveen Kurtom, Maryland Family Law Attorney
Family law matters often raise urgent and important questions about custody, divorce, child support, and financial stability. Below are answers to some of the most common questions clients ask when navigating family law issues in Maryland.
Attorney Neveen Kurtom represents clients throughout Maryland in divorce, custody, child support, alimony, mediation, and post-judgment modification matters.
Divorce in Maryland
What are the grounds for divorce in Maryland?
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Maryland allows divorce based on no-fault grounds. The most common include mutual consent, six-month separation, and irreconcilable differences. In mutual consent cases, spouses must have a written agreement resolving all issues, including custody and support if children are involved.
Do I need to be separated before filing for divorce?
Not always. A six-month separation is one ground for divorce, but mutual consent and irreconcilable differences do not require a waiting period.
Can we live in the same house and still be considered separated?
Yes. Maryland recognizes “living separate and apart under the same roof” if spouses maintain separate lives, finances, and routines.
How long does a divorce take in Maryland?
Timelines vary widely. Uncontested divorces may be completed in a few months, while contested cases involving custody or financial disputes may take a year or longer.
Do I need a lawyer for divorce?
While not required, legal representation is strongly recommended when there are children, property, retirement accounts, or disputes over support.
Child Custody Questions
How do Maryland courts decide custody?
Courts decide custody based on the “best interests of the child,” considering factors such as parental fitness, stability, the child’s needs, each parent’s relationship with the child, and the ability of parents to communicate.
What is the difference between legal custody and physical custody?
Legal custody refers to decision-making authority (education, medical care, religion). Physical custody refers to where the child lives and how parenting time is divided.
Is 50/50 custody guaranteed in Maryland?
No. Maryland does not presume equal custody. Courts evaluate what arrangement best serves the child’s needs.
Can a child decide which parent to live with?
A child’s preference may be considered depending on age and maturity, but it is only one factor among many and is never controlling.
What if the other parent refuses to follow the custody order?
A parent may file a motion for contempt or request modification of custody depending on the circumstances and severity of the violations.
What is considered parental alienation?
Maryland courts do not rely on labels alone. However, conduct that interferes with a child’s relationship with the other parent—such as blocking communication or discouraging contact—may be considered in custody decisions.
Can custody be modified after an order is entered?
Yes. A parent must generally show a material change in circumstances and that modification is in the child’s best interests.
What is a parenting plan?
A parenting plan outlines custody arrangements, including schedules, holidays, transportation, communication, and decision-making responsibilities.
Child Support Questions
How is child support calculated in Maryland?
Maryland uses statutory guidelines based on both parents’ income, parenting time, health insurance costs, and childcare expenses.
Does 50/50 custody mean no child support?
Not necessarily. Even in shared custody arrangements, child support may still be required depending on income differences and expenses.
Can child support be changed?
Yes. Child support can be modified when there is a material change in circumstances such as income changes, job loss, or custody changes.
What if a parent is self-employed or owns a business?
Income may be more complex to determine and may require financial documentation, tax returns, and sometimes forensic analysis.
What happens if child support is not paid?
Enforcement tools may include wage garnishment, license suspension, interception of tax refunds, and contempt proceedings.
Alimony Questions
What is alimony in Maryland?
Alimony is financial support paid by one spouse to the other during or after divorce. It is not automatic and depends on multiple statutory factors.
What types of alimony exist?
Maryland recognizes pendente lite alimony (temporary), rehabilitative alimony (short-term support), and indefinite alimony (rare and based on specific circumstances).
Can alimony be modified?
Yes, depending on the type of alimony and whether the court order allows modification.
Property and Financial Issues
How is property divided in a Maryland divorce?
Maryland follows equitable distribution, meaning property is divided fairly but not necessarily equally.
What is marital property?
Marital property generally includes assets acquired during the marriage, regardless of whose name is on the title.
Are retirement accounts divided in divorce?
Yes. Retirement accounts are often subject to division using a Qualified Domestic Relations Order (QDRO).
What happens to the marital home?
The court may order sale, buyout, or temporary use and possession depending on custody and financial circumstances.
Mediation and Court Process
What is mediation?
Mediation is a process where a neutral third party helps spouses or parents try to reach agreements without going to trial.
Is mediation required in Maryland?
In many custody cases, courts require parties to attempt mediation before trial.
What if mediation does not work?
If mediation fails, the case proceeds to litigation and a judge will decide unresolved issues.
Practical Questions Clients Often Ask
What should I do before filing for custody or divorce?
It is important to gather financial records, document parenting involvement, and understand your legal rights before filing.
Will I lose custody if I move out of the marital home?
Not automatically. Custody decisions are based on the best interests of the child, not who remains in the home during separation.
Can I record my co-parent or collect evidence?
Maryland has strict laws regarding recording conversations. Legal advice should be obtained before attempting to collect evidence.
How important is communication between parents?
Courts often evaluate the ability of parents to communicate and co-parent effectively when determining custody arrangements.
Why Legal Guidance Matters
Family law cases are fact-specific and often emotionally charged. Small decisions can have long-term consequences for custody, finances, and parental rights. Attorney Neveen Kurtom assists clients in understanding their options, evaluating risks, and developing strategies tailored to their family’s circumstances.
Schedule a Consultation
If you have questions about divorce, custody, or child support in Maryland, contact the Law Office of Neveen Kurtom at (301) 356-4423 to discuss your situation and next steps.