Frequently Asked Questions

  • What's the best interests of the child standard in Maryland?

    Maryland courts use the "best interests of the child" standard to decide custody by evaluating factors like parental fitness, the child's age and preferences, and stability of the home. At Kathleen M. Kirchner Attorney At Law, we help present evidence that demonstrates your ability to meet your child's physical and emotional needs.

  • How did Maryland's divorce law change in October 2023?

    As of October 1, 2023, Maryland divorce law now includes mutual consent, six-month separation, and irreconcilable differences as grounds for divorce, replacing the old one-year separation requirement in many cases. At Kathleen M. Kirchner Attorney At Law, we stay current with these evolving laws to provide accurate guidance tailored to your situation.

  • What's the difference between physical and legal custody?

    Physical custody determines where the child lives and the parenting time schedule, while legal custody involves decision-making authority over education, healthcare, and religious upbringing. Parents can share both types or one parent may have sole custody depending on the child's best interests and case circumstances.

  • How is child support calculated in Maryland?

    Maryland uses a statutory formula based on both parents' incomes, the custody arrangement, and the number of children. The calculation also includes childcare costs, health insurance, and extraordinary expenses. At Kathleen M. Kirchner Attorney At Law, we handle complex financial scenarios to ensure accurate support determinations.

  • Can a prenuptial agreement cover child custody in Maryland?

    No, prenuptial agreements cannot determine child custody or child support under Maryland law because those decisions must be made based on the child's best interests at the time of divorce. Prenups can address financial matters like asset division, alimony, and property rights to provide clarity before marriage.

  • What qualifies as marital property in Maryland divorce?

    Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title. Maryland courts follow equitable distribution, dividing property fairly based on factors like financial contributions and resources, not necessarily equally. Non-marital property like inheritances or pre-marital assets typically remain separate.

  • When can you modify a custody order in Maryland?

    Maryland allows custody modifications when there's a substantial change in circumstances, such as relocation, changes in parental fitness, or significant shifts in the child's needs. At Kathleen M. Kirchner Attorney At Law, we handle modification filings and hearings across Anne Arundel County and surrounding jurisdictions to protect your parental rights.

  • What's the deadline to appeal a family law decision?

    In Maryland, you must file a notice of appeal within 30 days of the final judgment or order. Missing this strict deadline can permanently bar your appeal. At Kathleen M. Kirchner Attorney At Law, we review trial records and legal errors to determine if an appeal is appropriate and timely.

  • Does Maryland divide debts in a divorce?

    Yes, Maryland courts divide marital debts alongside assets during divorce using equitable distribution principles. This includes credit card balances, loans, and mortgages incurred during the marriage. At Kathleen M. Kirchner Attorney At Law, we advocate to ensure debt division reflects fairness and your financial contributions.

  • What types of alimony are available in Maryland?

    Maryland recognizes pendente lite (temporary support during divorce), rehabilitative (time-limited support for self-sufficiency), and indefinite alimony (for long marriages or significant hardship). Courts consider marriage length, financial need, and standard of living when determining type and duration of support.

  • How does a former prosecutor help with criminal defense?

    A former prosecutor understands how cases are built, what evidence prosecutors prioritize, and common weaknesses in the state's approach. At Kathleen M. Kirchner Attorney At Law, this insider perspective informs aggressive defense strategies, constitutional challenges, and negotiation tactics to protect your rights and achieve favorable outcomes.

  • What's voluntary impoverishment in child support cases?

    Voluntary impoverishment occurs when a parent deliberately reduces income to avoid support obligations, such as quitting a job or refusing available work. Maryland courts can impute income based on earning capacity to ensure fair support calculations. At Kathleen M. Kirchner Attorney At Law, we handle enforcement and modification cases involving these complex financial issues.

  • How does a Maryland divorce attorney handle cases involving significant assets, real estate, or business interests?

    In high-asset Maryland divorces, the attorney must carefully identify all marital property — including real estate, retirement accounts, and business interests — and distinguish it from separate property. Maryland follows equitable distribution, meaning a fair (not always equal) split. An experienced attorney guides you through valuations, negotiations, and, when necessary, litigation to protect your financial interests.

  • What makes a divorce lawyer the right choice for a high-asset case in Annapolis?

    The right attorney for a high-asset Annapolis divorce combines deep knowledge of Maryland equitable distribution law with experience handling complex assets like investment portfolios, business ownership stakes, and multiple real estate holdings. Protecting your financial future requires an attorney who knows how to challenge valuations and negotiate strategically, not just process paperwork.

  • How is a business interest valued and divided in a Maryland divorce?

    A business interest in a Maryland divorce is typically valued through a formal appraisal or forensic accounting review to determine its fair market worth as of the divorce date. Once valued, the marital portion is subject to equitable distribution, meaning the court divides it fairly based on factors like each spouse's contribution and the length of the marriage.

  • What makes a child custody case high-conflict in Maryland, and how does that affect the litigation strategy?

    High-conflict custody cases in Maryland typically involve disputed parenting fitness, relocation requests, substance abuse allegations, or domestic violence. Courts apply a best-interests-of-the-child standard and may appoint a custody evaluator or guardian ad litem to assist. An experienced Anne Arundel County family law attorney will build a strategic litigation plan — including evidence gathering and expert coordination — tailored to these specific factors.

  • How does a contested child custody case in Annapolis differ from an uncontested one?

    A contested custody case means the parents cannot agree on parenting time, legal decision-making, or both, so a judge decides after reviewing evidence and testimony. Uncontested cases involve a negotiated agreement the court simply approves. Contested cases require significantly more preparation, documentation, and courtroom advocacy from your attorney.

  • What should I look for when choosing a child custody lawyer in Annapolis for a contested case?

    Look for a family law attorney with direct Maryland courtroom experience in disputed custody matters, familiarity with Anne Arundel County judges and local procedures, and a clear strategy for handling the specific issues driving the conflict — whether that's relocation, fitness concerns, or allegations of abuse.

  • When Can Police Legally Search My Car in Maryland?

    Police cannot search your car simply because they pulled you over.


    But police do not always need a warrant—or your consent—to search a vehicle. Depending on the circumstances, a lawful vehicle search may be based on probable cause, consent, a search warrant, a properly limited search incident to arrest, a protective weapons search, or a lawful inventory search.


    The important question is not simply whether police found something.


    It is what legal authority police had before they began searching—and whether the search stayed within the limits of that authority.

  • Police searched your vehicle and found evidence?

    Finding a gun, drugs or other evidence does not retroactively make the search constitutional.


    A criminal defense attorney can examine the traffic stop, body-worn camera footage, police justification for the search, timing and scope of the search, and whether the evidence may be subject to suppression.

  • Does a Traffic Stop Give Police the Right to Search My Car?

    No.


    Police may lawfully stop a vehicle for a traffic violation without automatically gaining authority to search it.


    The stop and the search are separate Fourth Amendment events.


    If police want to search the vehicle, there must be a legal basis for doing so.


    That distinction is particularly important when an ordinary traffic stop for speeding, registration, a seat-belt violation or another traffic matter turns into an investigation involving drugs, firearms or other suspected criminal activity.


    The defense should ask:


    • Why was the vehicle stopped?
    • What happened after the stop?
    • When did police decide to search?
    • What did they know at that moment?
    • What legal authority did they claim permitted the search?

  • Can Police Search My Car If I Consent?

    Yes. Voluntary consent is a recognized exception to the warrant requirement.


    But you do not have to consent merely because an officer asks.


    And consent has limits.


    The circumstances may raise questions about whether consent was actually voluntary, what areas of the vehicle the person agreed could be searched, whether the person giving consent had authority over particular property, and whether consent was limited or withdrawn.


    That is why a police report stating simply:


    “Driver consented to search.”


    may not resolve the issue.


    The actual conversation—particularly when recorded on body-worn camera—may be much more important.

  • Do police need a warrant to search my car in Maryland?

    Not always. The automobile exception permits certain warrantless searches supported by probable cause, and other recognized exceptions—including valid consent—may apply. But police still need a lawful basis for the particular search they conduct.

  • If I say “no” to a vehicle search, can police still search anyway?

    Possibly. Refusing consent means police cannot rely on your permission. They may nevertheless search if another lawful basis independently authorizes it.

  • Does being arrested allow police to search my entire car?

    Not automatically. Arizona v. Gant limits searches of vehicles conducted incident to arrest. Another doctrine, such as the automobile exception based on probable cause, may independently authorize a search.

  • Can police search my trunk?

    Sometimes. The answer depends on the legal justification and scope of the search. Under the automobile exception, the permissible scope depends on what police have probable cause to search for and where that object could reasonably be located.

  • Can police search because they smell marijuana?

    Not based solely on the odor of burnt or unburnt cannabis under current Maryland Criminal Procedure § 1-211.

  • If police find something illegal, doesn't that prove they had probable cause?

    No. The constitutional inquiry examines what information police possessed before they conducted the search. Evidence discovered as a consequence of the search cannot itself supply the probable cause that was required to justify beginning that search.

  • Police Searched Your Vehicle, and you were charged?

    Kathleen M. Kirchner represents individuals facing criminal charges arising from Maryland traffic stops and vehicle searches, including cases involving firearms, drugs and other alleged contraband.


    A vehicle search should not be evaluated merely by asking:


    “What did police find?”


    The defense should ask:


    • Why did police stop the vehicle?
    • When did they decide to search?
    • What did they know before they searched?
    • What exception to the warrant requirement did they rely upon?
    • Did the facts actually satisfy that exception?
    • Did police stay within its permitted scope?
    • And when body-worn camera footage exists, does the recording support the justification later given for the search?

    Finding evidence and lawfully obtaining evidence are not the same thing.