Frequently Asked Questions

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.