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PROFESSIONAL. RESPONSIVE. RESULTS. Legal FAQ maryland's top legal team

  • Family Law

    • What is “family law” in Maryland?

      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.

    • Do I need a lawyer to file for divorce in Maryland?

      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.

    • What are the grounds for divorce in Maryland?

      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.

    • How long does a divorce take in Maryland?

      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.

    • What’s the difference between legal separation and divorce?

      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.

    • How is child custody determined in Maryland?

      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.

    • Can custody or support orders be changed later?

      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.

    • How does child support work in Maryland?

      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.

    • Is alimony (spousal support) common in Maryland?

      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.

    • How is property divided in a Maryland divorce?
      Maryland follows an equitable distribution rule, which means marital property is divided fairly, but not necessarily equally. Courts look at contributions to the marriage, financial circumstances, and other factors to reach a fair outcome. Separate property (owned before marriage or received as a gift/inheritance) is generally excluded during the equitable distribution process.
    • Do I have to go to court to get divorced?
      Not always. Many cases can be resolved through settlement negotiations, mediation, or a mutual consent divorce. However, if you and your spouse can’t agree on one or more issues, a judge will need to make the final decisions through trial. Your divorce agreement will need to be filed in court, so, technically, all divorce cases “go to court” at least once.
    • How much does a divorce cost in Maryland?
      Costs vary widely depending on the complexity of your case and whether it’s contested. A straightforward, uncontested divorce typically costs less, while a contested divorce involving custody disputes, alimony, or property division can be more expensive. We can give you a clearer picture of what costs you can expect after learning about your specific situation during an initial consultation.
    • What if my spouse doesn’t want the divorce?

      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.

    • How can a family law attorney help me?

      An experienced family law or divorce attorney can protect your rights, help you understand your options, represent your interests in mediation or court, and guide you through what can be a very emotional process. We focus on helping you make informed decisions and move forward with confidence.

  • DUI

    • Will I Lose My License?

      The answer to this depends on many factors. Once you are pulled over for drinking and driving, you may have your license taken away by the arresting officer. You will be provided with instructions and will also receive a court date to defend your charges. You may lose your license for an extended period of time depending on your driving record, the number of previous DUI/DWI charges you have, your age, whether you were also involved in an accident, and of course the outcome of your case. You don’t have to lose your license but it is a potential penalty for Maryland DUI/DWI.

    • Will I Lose My Job?

      The answer to this is, in most cases, no, but there are factors that come into play if your employer finds out about your DUI/DWI arrest. We usually advise that you do not disclose the information on your arrest to your employer until after your case has gone to trial unless you are obligated to disclose your arrest to your employer, which may be a possibility if you are an employee of the government with a security clearance. While it is unlikely that you will lose your job, it is a possibility and one you should take very seriously and that we can address at your consultation.

    • Will I Go to Jail?

      The answer to this will vary case to case. Some things that may increase the likelihood of jail time are multiple offenses, your age, and your BAC (blood alcohol content). The most important thing to do if you think you may face jail time is to schedule your free consultation soon after your arrest so that we can review and research your case.

    • Will My Car Be Fitted With an Ignition Interlock Device?

      If it is your first offense and you are over 21, in most cases you will not be fitted with an ignition interlock device. If it is your second or third offense, or you are under 21, you will more than likely be required to install an IID on your vehicle.

    • Who Pays for the Ignition Interlock Device and How Much Will It Cost?

      In almost all cases the convicted driver must pay for the installation cost and the monthly fees associated with maintaining an IID. The price will vary but you can expect to pay over $100 for installation and anywhere from $50-$100 a month to lease monthly.

    • Do I Have to Plead Guilty?

      No, you do not have to plead guilty in the state of Maryland. There are many DUI defenses: you can take your case to trial or attempt to suppress a lot of the state’s evidence. For example, you can challenge the stop, the field sobriety test, and also the breathalyzer test. If you are interested in taking your case to trial and not pleading guilty, contact the office to discuss the details of your case with us.

    • How Many Points Will I Get for a DUI in Maryland?

      It depends on your case but generally speaking Maryland’s law is 12 points for a DUI and 8 points for a DWI unless you get probation before judgment.

    • What Is Probation Before Judgment or PBJ?

      Maryland’s probation before judgment, or PBJ as it is commonly referred to, is a possible outcome in a criminal, DUI/DWI and traffic case in Maryland. A PBJ can be obtained during plea negotiations with the assistant state’s attorney and court or by sentence of the court after a guilty plea or finding of guilty after a trial. In order to receive a PBJ, the defendant must first be found guilty. Then, the court will strike the guilty finding and grant the defendant the benefit of a PBJ. Not everyone is eligible for a PBJ and it can include a period of supervised probation, unsupervised probation, fine, and/or time served.

    • Will I Have to Pay Fines for Getting a DUI?

      The different levels of Maryland DUI Penalties are as follows:

      DWI
      The maximum penalty for driving while impaired (DWI) in Maryland is 60 days incarceration and/or a $500.00 fine.

      DUI
      The maximum penalty for driving under the influence (DUI) in Maryland is 1-year incarceration and/or a $1,000.00 fine.

      DUI Per Se
      The maximum penalty for driving under the influence per se (DUI per se) in Maryland is 1-year incarceration and/or a $1,000.00 fine.

    • Can I Get a DUI if I Was Under 0.08 BAC?

      In Maryland the blood alcohol content, or BAC, to receive a DUI is 0.08 or over. If a driver’s BAC is 0.04-0.08, the driver is most often charged with a DWI, which usually carries a less severe penalty. It is most common for a driver with a BAC under 0.08 to receive a DWI when an accident or bodily injury is also involved.

    • How Many Drinks Are Required to Reach the Maryland BAC Limit of 0.08?

      It is impossible to determine a set number of drinks required to reach the Maryland BAC limit for DUI. A person’s body mass, sex, tolerance, time frame in which drinks were consumed and even if they have eaten, all play a factor in the BAC formula. The best answer is, if you are drinking alcohol, do not drive.

    • How Much Will My DUI Trial Cost?

      As always your case evaluation will be free. Because each case has its own set of determining factors and because we handle each case individually, the cost per DUI case will vary from client to client. We do believe that everyone has the right to affordable and effective representation, so call us or schedule a case evaluation so that we can better understand your situation and provide you with a quote.

    • What if I Don’t Request an MVA Hearing?

      If you do not request an MVA hearing within 10 days, your Maryland driving privileges will be suspended as follows:
      Blood Alcohol Content: 0.08 – 0.14
      1st DUI – 45-day suspension
      2nd DUI or more – 90-day suspension

      Blood Alcohol Content: 0.15 or more
      1st DUI – 90-day suspension
      2nd DUI or more – 180-day suspension

      Blood Alcohol Content: Refused test
      1st DUI – 120-day suspension
      2nd DUI or more: 1-year suspension

    • What Is the Difference in Penalties Between DUI and DWI?

      Driving under the influence of alcohol is the more serious crime. It requires that the alcohol you consumed has substantially impaired your normal coordination.

      Driving while impaired by alcohol is the less serious crime. It requires that the alcohol you consumed has impaired normal coordination to some extent.

    • What if I Am a Commercial Driver?

      We’ve has handled numerous DUI and accident cases involving commercially licensed drivers.  You can trust us, we know the nuances of handling a case involving someone who drives for a commercial vehicle for a living.

  • Personal Injury

    • Can You Help Me if I Was in a Car Accident?

      The team at Albers & Associates is experienced in personal injury law and has handled some of the most difficult personal injury cases involving car accidents in Carroll County and Howard County, Maryland. Because of our extensive experience and knowledge of the personal injury judicial process, we can work with you on achieving the best possible outcome for your case.

    • What Qualifies as ‘Serious’ Personal Injury?

      A case is categorized as a serious personal injury if any of the following resulted from the accident:

      • Severe brain trauma
      • Spinal cord injuries
      • 3rd degree burns
      • Any injury that causes serious and long-term disfigurement
    • What Is a Wrongful Death Accident?

      Our attorneys can successfully get you the compensation you deserve in a wrongful death case, which is when a loved one has died due to the carelessness or negligence of another person involved. Spouses, life partners, children, and other family members of the deceased can be entitled to recover damages for both emotional and financial loss.

    • Who Is Liable for a Car Accident in Maryland?

      Finding the person at fault in a car accident comes down to proving negligence on one or both sides of the equation. Whether you’re another driver or a pedestrian, you will need a lawyer to come to your defense. Because the state of Maryland employs a contributory negligence rule, your entire case will be at risk if the opposing counsel can prove that you were negligent in anyway.

  • Criminal Defense

    • Can I Appeal My Criminal Case?
      If your case was tried in the District Court of Maryland, you do have the right to an appeal which would result in a brand new trial that doesn’t regard the findings of the initial court that tried your case. You have 30 days from the date of sentencing to appeal a case.
    • Will the State Appoint Me a Defense Attorney?

      You may choose to accept legal assistance from a state-appointed lawyer during your trial. However, working with a criminal defense attorney at Albers & Associates means you’ll receive more personalized and dedicated care from a lawyer who is dedicated to aggressively pursuing the best outcome possible for every client they work with.

    • Why Do I Need a Criminal Defense Attorney for a DUI?

      Maryland is one of the states in the U.S. That assesses both administrative and criminal penalties when someone is charged with a DUI. This means that fines, license suspension, and imprisonment are all commonly assessed when a driver has been caught doing so under the influence. The MVA handles most of the administrative charges, but a criminal defense lawyer is necessary if you want to avoid harsher penalties for the criminal charges.

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