Maryland Family Law FAQ

You can still move forward with your divorce if your spouse is against it. In Maryland, you don’t need your spouse’s consent to file for divorce. If they refuse to cooperate, the case may become contested, but it can still proceed through the court system. If they refuse to acknowledge your case at all, the judge may rule everything in your favor by default.

Alimony isn’t guaranteed, but it may be awarded in certain situations. The court considers factors like the length of the marriage, each spouse’s income and financial needs, age, health, and standard of living during the marriage. Alimony can be temporary or, in rare cases, indefinite, which means that it has no set ending date, but it can come to an end for specific reasons.

Child support is calculated based on Maryland’s child support guidelines, which consider each parent’s income, health insurance costs, daycare costs, and other factors. The goal is to have the child’s financial needs met fairly between both parents.

Yes. If there’s a material change in circumstances, such as relocation, a job loss, or changes in the child’s needs, custody and support orders can be modified. A judge must approve any formal change to make it legally enforceable.

Maryland courts base custody decisions on the best interests of the child. Factors may include each parent’s ability to care for the child, the child’s relationship with each parent, stability, and, in some cases, the child’s preference. Custody can be legal (decision-making power), physical (where the child lives), or both.

Maryland doesn’t have “legal separation” in the same way some other states do. However, couples can live separately and enter into a separation agreement, which can address property, custody, and support. A divorce is the legal end of the marriage; separation is not.

The timeline for a divorce in Maryland depends on your specific situation. An uncontested divorce (where you and your spouse agree on all terms) may be finalized in a few months. A contested divorce (where there are disputes) can take significantly longer. Court schedules, negotiations, and the complexity of your case can all affect timing.

Maryland allows for both no-fault and fault-based divorce. No-fault divorce typically involves mutual consent or a 6-month separation. Fault-based grounds can include adultery, desertion, cruelty, excessively vicious conduct, or certain criminal convictions. The grounds you choose can affect how your attorney approaches your case and any arguments brought to mediation or litigation.

You aren’t legally required to hire a lawyer, but having one from the beginning is highly recommended. Divorce involves complex legal rules, deadlines, and documentation, especially when children, property, or support are involved. An attorney, such as our trusted team from Albers & Associates, can help you protect your rights and avoid costly mistakes.

Family law covers legal matters that involve family relationships and dynamics. Typically, family law cases include divorce, child custody, visitation, child support, alimony, property division, guardianship, adoption, and protective orders. If a legal issue affects your family structure, there’s a good chance it falls under family law.