Family Law FAQ

Answers To Most Commonly Asked Family Law Questions

Divorce and child custody issues are two of the most stressful challenges in a person’s life. Our committed family law attorney at the Law Office of Walter Herbert offers a personal approach that strives to protect your rights and pursue your most positive results. The firm has handled numerous family law clients throughout Maryland and can diligently represent you.

Family Law FAQs

Do I need an attorney to get divorced?

A marriage that has produced children and assets requires the knowledge and experience of a committed family law attorney. A highly-skilled divorce lawyer keeps up to date on current laws, is abreast of issues regarding asset and property division, spousal maintenance, child custody and support. He or she most likely has a relationship with the judges and other attorneys and can work diligently for your most favorable outcome. Remember: once a judge makes a ruling, it takes additional time and money to seek a change.

Who will get the house?

Maryland does not recognize “community property”. This means the property you bought and the property you received while legally married, becomes a marital property which is jointly divided in a divorce. The property you owned before the marriage, is not divided. The courts are required to divide property fairly. To ensure you understand the laws and get a fair division, contact our divorce attorney for a consultation today.

How is child custody determined?

There are two types of child custody in Maryland: legal and physical.

  • Legal custody — The parent can partake in major decisions concerning the child’s life including medical, school education and religion.
  • Physical custody — This is where the child resides and stays overnight. One parent can have sole physical custody or a couple can share the physical custody.

A court considers what is best for the child when deciding on who is awarded custody. To ensure your rights as a parent are protected, seek the legal representation of a child custody attorney.

How does a court determine the amount of child support?

Each parent has an obligation to the financial well-being of their minor child. In Maryland, the court uses the Maryland Child Support Guidelines which takes into consideration the gross monthly income, if spousal support is being paid, day care bills, health insurance expenses and other expenses. To ensure your child receives the child support needed, or to ensure you pay the accurate amount, contact an experienced child support attorney who can guide you in all child support matters.

Will I receive or have to pay alimony?

Alimony financial amounts are decided on a case-by-case basis with several factors taken into consideration such as:

  • The length of the marriage
  • Employment/salaries
  • Each of your ages

There are two types of alimony in Maryland:

  • Rehabilitative — Most typical alimony granted for a fixed period of time.
  • Permanent — Spousal support that is received or paid for life.

Manage All Divorce Matters With Guidance From A Knowledgeable Family Law Attorney

If you are facing marriage dissolution matters, contact attorney Herbert at 301-627-8200 or by email to request a confidential consultation. Mr. Herbert has more than 30 years of family law experience in and around Upper Marlboro and can strive for your most favorable outcome.