Maryland Divorce: Meeting With Your Lawyer
Walking into a Maryland divorce lawyers office is often intimidating and sad. You are unsure of what your future holds, so you are a bit hesitant. Youre probably also sad about the ending of your marriage. The good news is you dont have to be scared; the lawyer is not there to upset you, but rather help. And visiting with an attorney is one of the best ways to move on with your life.
Youre probably unsure of what to expect during your first consultation. Here are a few of the common questions that clients ask during a first consultation.
Question 1: Will I Qualify for Spousal Support?
Going from living in a two-income household down to a one-income household takes a major adjustment. Now that you and your spouse are no longer together, paying the bills just on your salary alone may be quite difficult. If you are unable to make ends meet, spousal support may help.
Spousal support is intended to help get you back up to a rehabilitative level. In other words, to help you earn a reasonable living. This support could help pay for shelter, food and other necessities, such as electricity.
The spousal support is typically temporary, however, the court can change the support to a long-term or indefinite basis, if the spouse can prove he or she needs it for this amount of time.
Although husbands can get spousal support, wives typically receive it more often.
Question 2: Who Gets the Kids?
Some ex-spouses typically figure this arrangement out on their own. They often decide they both want to share custody, or they may even determine that the children are better off with one parent over the other. In some cases, however, the exes cannot agree on where the children stay, and require legal help.
Maryland doesnt have a set standard for whom the children live with. What typically determines the arrangements is whatever is in the best interest of the child.
If a parent decides the children should stay with him or her only, because the other parent is unfit, there needs to be proof that one of the parents is not able to take care of the kids. The parent who wants primary custody will also need to provide support proving a history of making the children a priority, as well as other evidence that the children should stay with him or her.
Parents can also decide they want to have joint custody, in which both parents make the decisions regarding the children, and the children stay with both parents.
Question 3: How Much Child Support Will I Have to Pay?
Divorce becomes much more complicated when children are involved. Along with having to determine child custody, the matter of child support is also visited. Typically the non-custodial parent, or the parent with whom the children do not stay with, pays the custodial parent, or the parent who makes the decisions regarding the kids.
Maryland follows a specific set of guidelines when determining the child support amount. The state will take a look at both parents incomes, and then take a variety of different factors into consideration, including any alimony or child support paid because of previous relationships, insurance, day care, bills and so on.
After taking everything into consideration, the state will then determine what child support will be paid. Your attorney may be able to tell you during your visit just how much will be expected, and who will be responsible for it.
Child support may also be paid in joint custody situations, as well. Typically, the parent who makes more money than the other provides the support.
Question 4: Do We Have to Go to Court?
Going to court is often stressful and expensive. Since many folks know this, they often wonder if going to court is necessary. The answer is, it depends. So many different factors come into play when determining if you and your spouse will need to go to court.
If you and your ex agree on all the terms of your divorce, including child custody, division of assets and alimony, you may be able to settle outside of court in mediation, in which both parties meet with a mediator instead of a judge.
However, if you and your ex cannot agree to the terms set forth, in most cases, youll need to go to court to determine the ultimate decision.
When you go to court for your Maryland divorce, it helps to have an experienced and compassionate lawyer on your side. The law offices of Jimeno and Gray can help you through this difficult time.
Call us today to schedule a consultation and to request your free copy of the book What Your Spouse Doesnt Want You to Know: The Ultimate Guide to Divorce in Maryland, written by attorney Frank Gray.
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