To help answer a few of the legal questions that one may need to consider, please see our frequently asked questions and the answers at Divorce FAQ’s. While this listing is by no means a complete list of all the issues that need to be addressed in a divorce, it can serve as a start to answer some of the questions as one contemplates a legal separation or divorce.

In both Maryland and D.C. the government has issued Child Support Guidelines which are based on the relative income of the parents, the number of children to be supported, and the residence of the children.  In both jurisdictions there is a presumption that the level of support established by the guidelines is a fair and reasonable amount of child support.  However, if there are special circumstances or special needs of the children, the amount of support may be higher or lower than listed in the guidelines.

My spouse is having an affair.  Can I divorce him/her because of it?

It depends. Adultery is grounds for divorce in Maryland but not in the District of Columbia.

Is adultery a crime?

Although it is true that adultery is a crime in Maryland and is punishable by a fine of $10, it is merely a misdemeanor that has not been prosecuted by the state in decades.

How can I prove my spouse is committing adultery?

A confession from your spouse is not enough. Although you no longer have to catch your spouse in the act with revealing photographs, it is necessary to be able to prove in court that he or she had the inclination and the opportunity to be unfaithful. Often this will require the testimony of a private investigator.

Will the fact that my spouse had an affair make any difference in court?

It depends. Many judges in our local courts view adultery as a symptom of a failing marriage rather than its cause. However, depending on the facts of the particular case, and depending on the judge, adultery can affect the way the judge distributes the marital property.

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In D.C. and Maryland Marital property is all material property, real estate, assets, and retirement benefits that you and your spouse accumulated from the date of the marriage until the date of divorce. Exceptions are the property you brought with you to the marriage, gifts you received from third persons, and things you inherited.  Sometimes, non-marital property gets converted into marital property if they become blended.  For example, if you used your pre-marital savings account to purchase a house you and your spouse bought and titled together after the marriage.

Custody is the hardest, most painful part of any separation or divorce. Remember, children don’t “win” in a custody fight.  They are not “marital property” like a bank account to be put in one column or another.  Responsible parents try to shield and protect their children from the anger and emotion of the divorce process.  Responsible parents do not try to recruit their children as allies to their cause.

What does “custody” mean in court?

There are two kinds of custody:  “legal custody” and “residential custody.”   Legal custody means which parent makes the decisions involving the child’s health, education and general welfare–the important things in a child’s life, not which jacket he’ll wear to school today but which school he’ll attend. Residential custody means where will the child sleep and how often? The legal standard that governs the determination of custody in both D.C. and Maryland is what is in the “best interest” of the children. In fact, in the District of Columbia there is a statutory presumption (a written law) in favor of joint “legal custody.” In Maryland, most judges strongly prefer joint legal custody except in situations where the high conflict between the parents will make joint decision-making impossible or very difficult and stressful for the children.
For additional information on divorce or other family law issues please contact our firm.

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