Common Myths About Family Law

Family law comprises a variety of separate legal matters concerning family and domestic relations. Divorce, alimony, child support, and child custody are among the subjects a family lawyer deals with. People have preconceived ideas about many things, and family law is no exception. The following are some myths many people hold about family law issues. 

Myth #1  – You Can Legally Stop A Divorce From Happening

If you’re in a marriage that you want to stay in, and your spouse has decided to seek a divorce, is it possible to stop the divorce from happening? While you can make the divorce difficult, in most cases you cannot stop it. This is because Maryland is a “no-fault’ divorce state, meaning that either spouse can end the divorce without proving fault on the part of the other party. In a no-fault state, the court does not need evidence of adultery, cruelty, abandonment, or other behavior. All they need is for one spouse to say they want out. But even if you can’t stop the divorce, you can protect your rights and your property by hiring an experienced Bethesda family lawyer. 

Myth #2 – Divorce Always Involves A Lengthy Trial

More often than not, a divorce in Maryland does not involve a lengthy trial. In fact, recent changes to divorce law in Maryland have made it considerably easier to divorce. There are three grounds for absolute divorce in Maryland. 

• Mutual consent, the quickest ground, requires no waiting period, making it close to an immediate divorce. Both spouses must sign a written agreement that resolves all pertinent family law issues and, if children are involved, the court must sign off on issues involving the children.
• Six-month separation requires the spouses to live apart for six months before filing for divorce. It’s possible to meet this requirement even if living in the same house so long as you pursue separate lives.
• Irreconcilable differences apply when fundamental problems make it impossible to live together any longer. Under this ground, the court will evaluate your incompatibility and determine that there is no reasonable possibility of reconciliation.

Under these three grounds for divorce, parties no longer need to provide evidence of their spouse’s bad behavior, which often resulted in lengthy trials in the past.

Myth #3 – Mothers Usually Get Child Custody

Many people are under the misconception that the law favors mothers in child custody disputes, but this is not the case. Under Maryland law, both parents are deemed equally capable of serving as the custodial parent. Maryland courts consider what is best for the child rather than the parent’s gender. This “best interest of the child” standard takes into account a variety of factors, including the following:

• Which parent has been the primary caregiver in the home;
• The mental and physical fitness of each parent;
• The quality of each parent’s relationship with the child;
• Each parent’s ability to provide stability;
• The child’s preference if the child is mature enough to offer an opinion.

Fathers who have been actively involved in their child’s home life and can demonstrate they will support the child’s bond with the mother are in a strong position to pursue primary custody. 

Myth #4 – Child Custody Arrangements Are Permanent

You may be deeply disappointed if you wanted child custody, but your spouse was awarded it. But it’s important to be aware that custody determinations can be modified.  As children grow and circumstances change, it’s very possible that the best interests of the child will also change. If this happens, either parent can petition for a change in the child custody determination. Note, however, that it’s important to prove compelling evidence of a material change in circumstances.  Factors that might show compelling evidence of a material change in circumstances include relocation by one parent or a change in the child’s educational or health needs. It’s important to be aware that the custodial parent cannot relocate with the child without notice, agreement, or a court order modifying parental access.

Myth #5 – Assets Will Be Split 50/50

Maryland is a so-called “Equitable Distribution” state. This means that during the property distribution process, the court will divide property based on what is fair, not necessarily 50/50. This is different from community property states where assets are divided evenly. In Maryland, the judge considers different factors such as each spouse’s financial situation, contribution to the marriage, and future needs. 

Property division only impacts marital property. Marital property is property acquired by one or both spouses during the marriage and can include real property, joint bank accounts, retirement accounts, business interests, etc. Non-marital property, which includes property acquired before marriage, assets excluded by a prenuptial agreement, and inheritances given to one party, is generally not subject to property distribution. 

Myth #6 – Alimony Lasts Forever

Alimony, also known as spousal support, is a payment from one spouse to another for financial support after a divorce. It’s determined on a case-by-case basis and depends on several factors. Generally, alimony is considered temporary until the spouse becomes self-sufficient. However, in certain situations, the court may grant permanent alimony, such as in long marriages or when a spouse is unlikely to become self-sufficient due to health, age, or other factors. 

Contact the Law Offices of Brandon Bernstein, LLC

Family law issues can stir up deep emotions. Separation, divorce, child custody, property distribution and similar issues can divide families and change long-standing relationships. Finding trustworthy, compassionate, and experienced family law attorneys can be difficult, particularly during personally challenging times. Here at the law offices of Brandon Bernstein, we offer personalized attention, dedication, and reasonable rates. Contact us today to see how we can help you.