There are many issues to be considered in a divorce to include child custody, child and spousal support, and property division. As stated in our Uncontested Divorce section, attempting to enter into a separation agreement with your spouse and settle the divorce and surrounding issues outside of court is always the best place to start. Maryland encourages separation agreements as a peaceful means of terminating marital strife.  Unfortunately not all divorces can be settled and litigation and a final determination by the court become necessary. If you find yourself in this situation now or think you might in the future then there are probably some questions that you have as follows:

“What makes my divorce contested or uncontested?”

Custody issues can confront people in many different circumstances. Perhaps a custody issue has arisen due to a divorce or maybe two unmarried parents have to decide on which parent will have custody of the child. Regardless of the situation, custody is always a difficult and emotional issue that is rarely solved in one trip to court. One of the most important things to remember regarding custody in Maryland is that a custody and visitation Order can be modified based on a material change in circumstances if that material change in circumstances fundamentally affects the best interests of the child. Permitting modification of the custody order allows parents the opportunity to petition the court to make changes to the Order when a significant change has occurred in their lives and family dynamic. Below are some answers to questions that you probably have if you find yourself facing a custody issue:

“What is the difference between physical and legal custody and what types of custody arrangements are there?”