Family Law Overview

Maryland family lawyer

Family law issues are often difficult and contentious. People can be hurting and unable to think clearly. At my Maryland law office, The Weisbaum Law Firm, I help clients navigate the legal and practical issues associated with the dissolution of the marriage and the process of redefining family relationships going forward. Using collaborative law, mediation, or litigation if necessary, I help people resolve issues related to divorce, separation, custody, and support.  It is always my goal to minimize the emotional and economic damage to my clients and their families. Individuals seeking a family lawyer to help with these matters are invited to contact me to schedule a free initial consultation. My family law practice includes solving problems related to: 

• Separation and property settlement agreements. Also known simply as Separation Agreements, this is a comprehensive agreement between a couple in which they can resolve the many difficult issues that accompany the break up of the relationship. These agreements may deal with issues of child custody, child support, visitation or access, and division of marital property, to name just a few.  A well-crafted separation agreement resolves not only the rights of the divorcing parties but may also address the parties’ plans for co-parenting their children through the divorce and into the future, in a way that minimizes the negative impacts of the divorce on the children and on the parents’ relationship with the children.  This portion of the agreement that addresses parenting issues is often referred to as a parenting plan.  Most importantly, a separation agreement ensures that the parties themselves make these important decisions, not a judge. Mediation and collaborative dispute resolution are excellent methods of arriving at comprehensive agreements that meet the needs of the parties and their children.

• Divorce. The State of Maryland recognizes two types of divorce, Limited divorce and absolute divorce.  An absolute divorce terminates the marital relationship, allowing the parties to remarry and allowing the court to divide not just the parties’ personal property but also their real property (homes, land) and retirement benefits.  A Limited divorce is a judicially ordered separation (a legal separation), pursuant to which the court can divide the personal property of the parties, but without the authority to divide real property or pensions.  In a limited or absolute divorce, the court may make custody, child support and alimony determinations. 

• Child support. Child support is a court ordered sum of money that is apportioned between separating or divorced parents, and is awarded in an amount that is intended to meet the needs of the parties’ children.  Child support in Maryland is determined primarily by the income of the parents, but is also affected by a variety of other factors, including certain expenses incurred on behalf of the child(ren), the number of children, and the number of overnights that the children spend with each parent.  The State legislature has provided guidelines for the courts to follow in the determination of child support.

• Child Custody. When deciding where the children should live and defining the roles that each parent will play in making important decisions in the children’s lives, you should have a family lawyer with knowledge of the legal considerations relied on by the Courts, but more importantly you should have an attorney who is sensitive to the concerns and issues that confront both parents and children as they deal with the process of divorce and the reality of new family structures and dynamics.

• Visitation/Access. Developing an access schedule that works for parents and children is paramount in divorce.  Access schedules will ideally be spelled out as part of a comprehensive parenting plan that is tailored to address the specific provisions of each parent’s access with the children. 

• Alimony. Alimony, also known as spousal support, is a sum of money that is paid from a financially independent spouse to a financially dependent spouse, to assist the dependent spouse in becoming self-supporting and in some cases to avoid an unconscionable difference in the parties’ post-divorce standards of living. Maryland does not use statutory guidelines to establish the amount or duration of alimony.  Instead, a determination of alimony rests on many factors such as the length of the marriage, the income and assets of both parities, and the ability of each spouse to support him or herself, to name just a few. The inability to accurately predict either the amount or duration of an alimony award may be a strong incentive for a divorcing couple to resolve the issue of alimony through mediation or collaborative dispute resolution.

• Prenuptial and postnuptial agreements. Prenuptial and postnuptial agreements, like separation agreements, provide a means for parties to agree to the resolution of issues that may arise in the event that the couple decides, at some time in the future, to seek a divorce.  Prenuptial agreements are entered into before the parties marry, and postnuptial agreements are entered into after the parties marry.  These types of agreements may provide a means for protecting the premarital assets of the parties, or may simply be used to avoid a costly fight over such issues at a later date.  I am experienced in preparing prenuptial and postnuptial agreements and can draft the right document for any client, regardless of their pre-marital assets.

• Grandparent's rights. After a divorce, grandparents sometimes find it difficult to remain in the lives of their grandchildren. As a family lawyer at The Weisbaum Law Firm, I help grandparents overcome obstacles to maintaining and nurturing their relationships with their grandchildren.

• Property division. If a marriage is dissolved, the assets obtained during the marriage need to be valued and divided in a manner that is fair and considers the needs of the parties and the children.

Contact me about any family law matter. Let me use my problem-solving skills and my knowledge of Maryland family law to help. My law firm serves Maryland communities such as Rockville, Gaithersburg, Germantown, Bethesda, Potomac, Wheaton, Silver Spring, Chevy Chase, Laurel and Frederick.

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