FAQ
Frequently Asked Questions
Family law matters are personal, and no two situations are exactly alike. This FAQ page addresses some of the questions we hear most often from clients who are considering or navigating a family law matter. The information provided here is intended to offer general guidance and insight. It does not create an attorney-client relationship or provide a substitute for advice tailored to your specific circumstances. If you would like to discuss how these issues apply to your situation, we invite you to contact our office at 410-339-4100 to schedule a confidential consultation.
Working with The Law Office of Turnbull, Nicholson & Sanders, P.A
The attorneys at TNS Family Law provide skilled, experienced, respectful, and affirming representation for all individuals, ensuring that every client receives comprehensive support in navigating family law matters. We serve a diverse client base, including people of color, immigrants, and LGBTQ+ clients, and understand the unique challenges different communities may encounter. Our approach is grounded in cultural competence, confidentiality, and a commitment to equity regardless of background or net worth.
We also represent individuals whose cases require heightened confidentiality, discretion, and strategic management to safeguard their privacy including business owners, executives, professional athletes, and other high-profile professionals. We recognize that for these clients, protecting privacy is not simply a preference but it is a necessity. We treat every matter with the sensitivity and careful planning it deserves.
Regardless of who you are or what you are facing, our team is committed to delivering clear guidance, strong advocacy, and a focused strategy tailored to your specific goals and circumstances. At TNS Family Law, every client receives comprehensive, personalized support from attorneys who are not only knowledgeable, but invested in your outcome.
A consultation helps the potential attorney representing you understand your case. During a consultation, we are able to offer more specific, higher-level information regarding the facts of your case and answer any questions you might have about the legal process. A consultation is an interview for you to make sure you hire the right person to represent you.
Consultations are available in person at our office or virtually via Zoom, depending on the potential client’s preference.
The TNS Family Law team includes numerous experienced attorneys who only practice family law. You can request a specific attorney from our team or, if you do not have a specific attorney in mind, your options for available attorneys will be provided to you upon intake.
A retainer is a monetary amount specified in your Retainer Agreement that you pay in advance. Throughout your case, on a monthly basis, you will receive a bill for services performed. If your retainer funds are used, then you will be asked to replenish your retainer. Any leftover amount at the conclusion of your case will be returned to you.
TNS Family Law represents clients throughout the state of Maryland. Our attorneys regularly practice in Baltimore County, Baltimore City, Harford County, Howard County, Anne Arundel County, Carroll County, and the surrounding areas. If you are unsure whether we serve your jurisdiction, we encourage you to contact our office at 410-339-4100 to speak with a member of our team.
A paralegal assisting with your family law case will save you money on tasks. While a paralegal is unable to give you legal advice, they will work closely with your attorney to handle tasks efficiently. How much paralegals assist in your matter is dependent on the attorney representing you.
We accept cash, checks, and payment through LawPay
Sometimes, seeking a second opinion may be necessary during your representation. You should always feel comfortable with the attorney representing you.
When a party knows they may enter into a legal dispute, they have a duty to hold and preserve evidence. You should take all steps necessary to prevent the destruction, loss, concealment, or alteration of any paper, document, or electronically stored information. This includes changing your cell phone and email auto-delete settings to never delete information until litigation concludes.
Family Law
It depends on a number of factors, including where the suit is filed and the number of disputed issues in your case. Parties are always encouraged (but are not required to) seek alternative dispute resolution and settle their cases, which may take much less time than litigation.
No – a party must file a Complaint. Some courts permit remote uncontested divorce hearings; however, that requires the parties to enter into a settlement agreement to resolve all issues regarding their matter.
Divorce
To file for divorce in Maryland, a Complaint for Absolute Divorce must be filed in the Circuit Court of the county where either you or your spouse resides or works. The Complaint sets forth the grounds for divorce and identifies the issues to be resolved, which may include property division, alimony, child custody, and child support.
Once the complaint is filed, the other spouse must be formally served with the Complaint and Writ of Summons and given the opportunity to respond.
In Maryland, the grounds for divorce include:
- Six-month separation, or living separately and apart without interruption
- Irreconcilable differences
- Mutual consent
Legal separation is not recognized in Maryland. The date of the parties’ last sexual relations is a relevant factor in determining whether they have satisfied the six-month separation ground for divorce.
The primary difference between a contested and uncontested divorce is whether the parties are able to reach a full agreement on all issues related to their separation.
In an uncontested divorce, both spouses agree on all matters, including the division of property, alimony, child custody, visitation, and child support. Because there are no disputed issues for the court to resolve, uncontested divorces are generally faster, less expensive, and less emotionally taxing than contested proceedings. Some Maryland courts even permit uncontested divorce hearings to be held remotely.
In a contested divorce, the parties are unable to reach agreement on one or more issues, requiring the court to intervene and make determinations on their behalf. Contested divorces typically involve more extensive discovery, motion practice, and, in some cases, a full trial. They tend to take significantly longer to resolve and involve greater legal costs.
It is worth noting that many cases that begin as contested ultimately resolve through negotiation, mediation, or collaborative law before reaching trial. Having skilled legal counsel from the outset can make a meaningful difference in reaching a resolution efficiently and on terms that protect your interests.
While adultery is not a ground for divorce in Maryland, it can still be a relevant factor in certain aspects of a divorce proceeding.
In terms of property division, Maryland courts may consider the circumstances that contributed to the breakdown of the marriage as one of many factors when determining a monetary award. However, fault is just one factor among many, and its weight will vary depending on the facts of the case.
Adultery can also be a factor in alimony determinations. Under Maryland law, a court may consider whether the party seeking alimony engaged in conduct that contributed to the estrangement of the parties. In some circumstances, a finding of adultery can affect whether alimony is awarded and in what amount.
If you believe adultery is a relevant factor in your case, TNS Family Law can help you understand how it may — or may not — affect your specific situation.
Marital Property
Maryland follows the principle of equitable distribution, meaning the court divides marital property in a manner that is fair, though not necessarily equal. It is important to understand that the court does not simply split everything down the middle and a judge will consider a range of factors to determine what division is equitable given the specific circumstances of the marriage.
Only marital property is subject to division.
Marital property is property acquired by you or your spouse during the marriage that is not acquired by:
- inheritance,
- gift from a third-party,
- excluded by a valid agreement,
- directly traceable to any of these sources
It is important that documentation is presented to support any non-marital claim.
Not necessarily. Any property acquired during the marriage, even titled in your sole name, may be considered marital property.
Not necessarily. Property remains marital until the date of the entry of the Judgment of Absolute Divorce or a valid agreement.
The Court will equitably divide the marital property. In some cases, the marital property itself cannot be divided, and the Court will order one party to pay a monetary award to the other party.
When the Court considers the division of marital property, sometimes it will award one party a monetary award because it cannot divide certain pieces of property. A monetary award may be granted as a way to equitably divide the value of assets that otherwise cannot be divided.
The factors that are considered include:
- the contributions, monetary and non-monetary, of each party to the well-being of the family;
- the value of all property interests of each party;
- the economic circumstances of each party at the time the award is to be made;
- the circumstances that contributed to the estrangement of the parties;
- the duration of the marriage;
- the age of each party;
- the physical and mental condition of each party;
- how and when specific marital property or interest in the pension, retirement, profit sharing, or deferred compensation plan was acquired, including the effort expended by each party in accumulating the marital property or the interest in the pension, retirement, profit sharing, or deferred compensation plan, or both;
- contribution by either party to the acquisition of real property titled as tenant by entirety;
- any award of alimony and any award or other provision that the court has made with respect to family use personal property or the family home; and
- any other factor that the court considers necessary or appropriate to consider in order to arrive at a fair and equitable monetary award or transfer of an interest in the pension, retirement, profit-sharing, or deferred compensation plan, or both.
Alimony
Alimony is financial support that is paid by one spouse to the other to help maintain the standards of living that were established during the marriage to make a party be wholly or partially self-supporting. The Court considers
- the ability of the party seeking alimony to be wholly or partly self-supporting;
- the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
- the standard of living that the parties established during their marriage;
- the duration of the marriage;
- the contributions, monetary and non-monetary, of each party to the well-being of the family;
- the circumstances that contributed to the estrangement of the parties;
- the age of each party;
- the physical and mental condition of each party;
- the ability of the party from whom alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony;
- any agreement between the parties;
- the financial needs and financial resources of each party, including;
- all income and assets, including property that does not produce income;
- any monetary award or use and possession order;
- the nature and amount of the financial obligations of each party; and
- the right of each party to receive retirement benefits.
There are no standard alimony guidelines in Maryland. The amount will be based on the Court’s analysis of the alimony factors.
At this time, for new cases, it is tax-deductible to the payor and not taxable income to the payee. It is considered “income” for calculating child support.
Custody
In Maryland, child custody is separated into two categories:
- Legal custody – decision-making for a child
- Physical custody – where the child spends an overnight with a parent.
Legal custody is the decision-making for a child, including education decisions, religious decisions, non-emergent medical decisions, and other decisions impacting the child’s general well-being.
Physical custody is where a child will live and sleep.
No, Maryland recognizes parents equally regardless of their gender.
The Court will apply a number of factors to determine the child’s best interest, including:
- stability and the foreseeable health and welfare of the child;
- frequent, regular, and continuing contact with parents who can act in the child’s best interest;
- whether and how parents who do not live together will share the rights and responsibilities of raising the child;
- the child’s relationship with each parent, any siblings, other relatives, and individuals who are or may become important in the child’s life;
- the child’s physical and emotional security and protection from exposure to conflict and violence;
- the child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth;
- the day-to-day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health;
- how to:
- place the child’s needs above the parents’ needs;
- protect the child from the negative effects of any conflict between the parents; and
- maintain the child’s relationship with the parents, siblings, other relatives, or other individuals who have or likely may have a significant relationship with the child;
- the age of the child;
- any military deployment of a parent and its effect, if any, on the parent-child relationship;
- any prior court orders or agreements;
- each parent’s role and tasks related to the child and how, if at all, those roles and tasks have changed;
- the location of each parent’s home as it relates to the parent’s ability to coordinate parenting time, school, and activities;
- the parents’ relationship with each other, including:
- how they communicate with each other;
- whether they can co-parent without disrupting the child’s social and school life; and
- how the parents will resolve any disputes in the future without the need for court intervention;
- the child’s preference, if age-appropriate; and
- any other factor that the court considers appropriate in determining how best to serve the physical, developmental, and emotional needs of the child.
The Court can award sole legal custody, joint legal custody, or joint legal custody with tie-breaking authority.
The court may award sole legal custody to one parent, granting that parent the exclusive authority to make major decisions regarding the child’s upbringing. Alternatively, the court may award joint legal custody, requiring both parents to share in and cooperate on major decisions affecting the child. In situations where joint legal custody is appropriate but parents have difficulty reaching consensus, the court may award joint legal custody with tie-breaking authority, designating one parent to have the final say when the parties cannot agree.
The court can also divide legal custody in more nuanced ways — assigning decision-making authority based on the type of issue involved, such as education, medical care, or religious upbringing — or allocate tie-breaking authority differently depending on the subject matter. Where there are multiple children, the court may even structure custody arrangements individually for each child based on their unique needs and circumstances.
The Court can award primary physical custody to a parent or shared physical custody to both parents (more than 97 overnights in one year). The Court can also award a parent daytime access that would not be factored into the total number of overnights.
Yes, custody (both legal and/or physical) can be modified upon a material change in circumstances.
A parenting plan is a written agreement between parents that outlines how they will share the rights and responsibilities of raising their child following a separation or divorce. It serves as a practical roadmap for co-parenting and is designed to provide stability, consistency, and clarity for both the child and the parents.
A comprehensive parenting plan typically addresses legal custody including how major decisions about education, healthcare, and religious upbringing will be made as well as physical custody, detailing where the child will reside and the schedule for parenting time. It may also include provisions for holidays, school breaks, vacations, transportation, and procedures for resolving future disagreements.
When parents are able to agree on a parenting plan, it is submitted to the court for approval and incorporated into a court order. If parents cannot agree, the court will determine custody arrangements based on the best interests of the child. Having a detailed and well-drafted parenting plan can significantly reduce future conflict and minimize the need for court intervention as circumstances evolve.
Child Support
Child support is a financial obligation of both parents to contribute toward the minor child’s general expenses until the child reaches either the age of 18 or the age of 19, if the child is still in high school.
For parties whose combined income is less than $360,000 per year ($30,000 per month), the Court must follow the child support guidelines unless it finds that it is in the child’s best interest to deviate. Included in the calculation is each party’s income, work-related childcare expenses, extraordinary medical expenses, health insurance cost for the child, school and transportation costs, and the amount of overnight access each parent has with the child.
For cases whose combined income is more than $30,000 per month, the Court has more discretion in determining child support.
Yes, child support can be modified upon a material change in circumstances.
Income includes, but is not limited to, wages, salaries, commissions, bonuses, alimony received, and in-kind payments or expense reimbursements received by employment, self-employment or the operation of a business to the extent the reimbursements or payments reduce personal living expenses.
Discovery
Discovery is the stage of a legal case in which each party obtains information from the other side to prepare for trial or settlement. It typically includes written questions (interrogatories), requests for documents, subpoenas, and may include (but less frequently) requests for admissions and depositions. The purpose is to identify relevant facts, narrow disputed issues, and prevent surprise at trial. The goals of discovery are threefold: to identify the relevant facts of the case, to narrow the issues that are genuinely in dispute, and to prevent either party from being ambushed by unexpected evidence or arguments at trial.
Interrogatories are written questions that one party serves to the other during discovery. The receiving party must provide written, sworn answers to these questions within the time set by the rules. Interrogatories are used to obtain factual information, identify persons with knowledge, clarify claims or defenses, and narrow issues for trial. The goal is to understand the other party’s income, assets, liabilities, claims, and defenses
Requests for production of documents are formal discovery requests asking a party to provide specific documents, electronically stored information, or other tangible items relevant to the case. The responding party must search for, gather, and produce the materials or state valid objections. The goal is to understand the other party’s income, assets, liabilities, claims, and defenses.
A subpoena is a formal legal order requiring a person or entity to do one of two things: appear to testify at a deposition, hearing, or trial, or produce specified documents or other evidence. Subpoenas are typically used to obtain information from non-parties, such as banking institutions, for certified records. Failure to comply can result in court sanctions or a bench warrant. Subpoenas typically have a cost associated with the production of records from an entity.