FAQs
1. What are the grounds for divorce in Maryland and Washington, D.C.?
Both Maryland and Washington, D.C. allow for no-fault divorce.
- Maryland: Spouses can divorce through mutual consent (no waiting period if all terms are agreed upon) or after living separately for six months.
- Washington, D.C.: As of recent legal updates, the separation requirement has been eliminated. Now, either spouse can file for divorce without proving separation, making the process more straightforward.
2. What is the difference between an uncontested divorce and a mutual consent divorce?
- Mutual consent divorce (Maryland): Spouses can finalize a divorce without a waiting period if they agree on all terms (property division, custody, alimony, etc.).
- Uncontested divorce: Both spouses agree on everything, but depending on the state, a separation period may still apply (except in D.C., where the separation requirement has been eliminated).
3. How is child support calculated in Maryland and Washington, D.C.?
Child support is determined by a state-specific formula that considers:
- Each parent’s income
- Number of children
- Custody arrangements (how much time the child spends with each parent)
- Health insurance, daycare, and educational expenses
Courts may also consider extracurricular activities, private school tuition, and medical costs depending on the child’s needs.
4. Do I have to pay for my child’s expenses outside of child support?
Possibly. Child support covers basic needs, but additional expenses—such as medical costs, school tuition, and extracurricular activities—may be split between parents, depending on the court order or parenting agreement.
5. How does the court decide alimony in Maryland and Washington, D.C.?
Alimony is not automatic. Courts consider:
- Each spouse’s income and financial situation
- Length of the marriage
- Standard of living during the marriage
- Contributions to the marriage (including stay-at-home parenting)
- Age, health, and employability of each spouse
In collaborative divorce, we help clients negotiate alimony terms that work for both parties without relying on a judge’s decision.
6. Can I request a mental health or substance abuse evaluation for my spouse?
Yes, but you need evidence to justify the request. If you believe your spouse’s mental health, drug use, or alcohol abuse affects parenting, the court may order an evaluation. In collaborative divorce, we address these concerns with mental health professionals without escalating conflict through court battles.
7. Can I request an attorney for my child?
Yes. In some cases, the court may appoint:
- A Best Interest Attorney (BIA) – Represents the child’s best interests in custody disputes.
- A Child’s Privilege Attorney – Determines whether a child’s therapy records can be used in court.
- A Child Advocate Attorney – Represents the child’s expressed wishes (rare for younger children).
This is often an option in high-conflict custody cases.
8. Can my child talk to the judge about custody if they are under 14?
Judges may interview children privately (in an in-camera interview) to hear their preferences, but courts prioritize the child’s best interests over personal preference. While older children’s opinions may carry more weight, a judge makes the final decision.
9. What happens to our house in a divorce?
Options for dealing with real estate include:
- One spouse keeping the home (buyout or refinancing)
- Selling the home and dividing the proceeds
- Continuing joint ownership for a period (e.g., until children finish school)
Deciding what’s best depends on financial, tax, and long-term planning considerations.
10. Do I have to go to court if I choose collaborative divorce?
No. Collaborative divorce happens entirely outside of court. Instead of a judge making decisions, you and your spouse work with attorneys, financial professionals, and mental health specialists to reach agreements privately, efficiently, and with less conflict.
Need answers tailored to your situation? Contact The Law Office of Cherise L. Williams to schedule a consultation.