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A Rockville, MD divorce lawyer understands that divorce is often a complex and emotionally charged process since it involves the legal dissolution of a marriage and the division of shared life. Although every divorce is unique and has its own set of circumstances, there are several critical issues that many couples must address to ensure that both spouses can move forward with a sense of fairness and clarity. Each of these issues requires careful consideration, as they can significantly impact the future well-being of spouses and children. The legal team at The Law Office of Daniel J. Wright can help.
Child Custody And Parenting Time
One of the most emotionally charged aspects of a divorce involves the children. If there are minor children, both parents must come to an agreement on how custody will be arranged. There are two primary types of custody: physical custody (where the children live) and legal custody (who makes decisions regarding the child’s education, healthcare, and overall well-being). In many cases, parents share joint legal custody, meaning they both have a say in important decisions, even if the child primarily resides with one parent.
Deciding parenting time is another critical matter, particularly if one parent is awarded sole physical custody. A schedule should be made to ensure that the non-custodial parent maintains a meaningful relationship with the children. In some situations, parenting time may be supervised if there are concerns about the safety or well-being of the children. If that is a concern you have, your Rockville divorce lawyer can help ensure your child will be protected.
Ideally, both parents should agree on a schedule that benefits the child’s best interests, but if an agreement cannot be reached, the court may intervene to establish one.
Asset And Debt Division
Dividing the marital estate is another potentially contentious issue in a divorce. Assets and debts accumulated during the marriage are generally subject to equitable distribution, meaning they are divided fairly, though not necessarily equally.
Marital property can include a wide range of assets such as the family home, retirement accounts, vehicles, businesses, and personal belongings. In some cases, the division of assets may include determining the value of property and liquidating assets to ensure both parties receive a fair share.
Debts incurred during the marriage, such as mortgages, credit card debt, or loans, must also be divided. The couple may be required to sell certain assets to settle joint debts or allocate responsibility for specific debts between the two parties. Factors such as the length of the marriage, the financial contributions of each spouse, and any prenuptial agreements can influence how assets and debts are divided.
Child Support
Under Maryland law, each parent is legally responsible for the financial well-being of a child, even if the parents do not reside together. Child support is the financial contribution one parent must make toward the child’s expenses, typically housing, food, healthcare, education, and extracurricular activities. The parent who does not have primary physical custody is generally required to pay child support. This amount is calculated using the “income shares” model.
The court will also consider any special needs of the child, and the costs associated with healthcare, education, and other activities when determining the amount of child support.
Modifications to child support can also be made if circumstances significantly change, such as a change in income or custody arrangements.
Alimony
Alimony, or spousal support, is intended to help the lower-earning spouse maintain a similar standard of living post-divorce. Courts may award alimony based on various factors, such as the length of the marriage, each spouse’s financial and non-financial contributions, the recipient spouse’s needs, and the paying spouse’s ability to pay.
There are several types of alimony, including temporary, rehabilitative, and permanent alimony. Temporary alimony may be awarded during the divorce proceedings to help one spouse while the divorce is finalized, while rehabilitative alimony is typically meant to support a spouse while they acquire the skills necessary to become self-sufficient.
Permanent alimony may be awarded in long-term marriages. Some factors, like the recipient spouse’s earning capacity and whether they contributed to the family by staying home or supporting their spouse’s career, are considered when determining whether alimony is appropriate. Courts will also evaluate the standard of living during the marriage and whether one spouse’s actions (such as infidelity) impacted the marriage and the division of resources.
Seek Legal Help
If you are seeking a divorce, our Rockville, MD divorce lawyer is here to help you. We know that a divorce can be a difficult, emotional, and stressful time, and our attorneys are here to help lead you through the divorce process withe the compassionate and dedicated assistance that you need. For more information on how we can assist you, contact The Law Office of Daniel J. Wright today.
