Bethesda Child Custody

mccabe-rule

Bethesda, Maryland Family Law Attorneys and Divorce Lawyers

Trustworthy guidance when couples end a marriage or terminate a domestic partnership

Spouses who end their marriage need the advice of skilled family law counsel who can protect their assets, secure their financial future, and provide for their children. It is easy to get caught up in the emotional anger and frustrations that ending a marriage brings. But anger and hurt will not pay the bills and put a roof on your children’s heads or food in their mouths. Many of the same concerns apply to couples that are separating, even though they are not married. Unmarried parents need to look out for the best interests of their children.

At McCabe Russell Divorce and Child Custody Lawyers, our Bethesda divorce and family law attorneys provide calm but firm assistance. We assess your needs and your family situation to work to achieve the best outcome for you and your children. We tailor our representation to address each aspect of your unique family circumstances. Our aim is to help protect you and your family while helping you get the emotional support you need to move your life forward. We handle complex cases and represent high-asset professionals as well as couples with limited income.

Bethesda Child Custody Lawyers

Table of Contents:

  • What divorce issues do we handle
  • Family law services from the firm you can trust
  • Assistance for same-sex couples seeking a divorce in Maryland
  • Our community-focused advocacy
  • Transparent communication at each step of the way
  • Tailored support for blended families
  • Types of cases we handle
  • Frequently asked questions

What divorce issues do we handle

When possible, we work to arrange amicable agreements about how the assets will be divided, how income and future benefits will be handled, with whom the children will live, whether alimony will be paid, and many other questions. When appropriate, we guide parents through alternate dispute methods such as mediation and collaborative divorce. In cases where agreements cannot be reached, our lawyers are experienced litigators who have a strong track record in litigating cases in family court.

Our Bethesda divorce lawyers represent clients in:

  • Divorce planning.We explain the grounds for divorce and work to expedite the divorce process while handling financial and family matters.
  • Divorce negotiation.We advocate for spouses by working to negotiate overall settlements of property, alimony, and family law issues. Many divorce cases are negotiated. Often, some of the issues can be resolved so that only one or a few items need to be litigated.
  • Uncontested divorces.Couples who have a negotiated settlement agreement can be divorced based on their mutual consent, provided certain procedural requirements are met and there is a hearing. Until recently, uncontested divorces were reserved for couples without minor children, but updates in the law have expanded access.
  • High-conflict divorces.We handle the tough divorces — divorces where the spouses contest every issue, put their interests ahead of the children, and refuse to communicate with each other.
  • Equitable distribution.We explain what property is considered marital property and is subject to division. Equitable division means that the split of homes, cars, bank accounts, and other assets is based on fairness factors, which means it may not be a 50/50 divide. Division of assets also includes division of debts. We also confirm that your spouse has a valuable business or profession, stocks, bonds, retirement accounts, and other valuable assets. We conduct an extensive discovery of financial records and ask numerous questions of your spouse to confirm their real net worth.
  • Pre- and post-nuptial agreements.Pre-nuptial agreements are contracts that dictate how assets and other family law matters will be handled after a divorce. Post-nuptial agreements address the same issues in a contract – but are drafted after the marriage starts.
  • Alimony agreements and orders.Alimony is payments of support from one spouse to the other spouse. Alimony can be temporary, rehabilitative, or indefinite.

No matter what your specific needs are, we help you craft a divorce strategy that works for you, your children, and your future.

Family law services from the firm you can trust

Divorce is challenging enough for spouses without children. Married couples with children and unwed parents need to decide who is going to raise and care for the child upon separation. Decisions must be made about where the child will live. We advise parents that the best interests of the child come first and align the parents’ interests with those of the child. We provide skilled counsel in these family law matters:

  • Child custody. Parents need to decide who will have legal custody (make the big decisions, such as medical care and schooling) and who will have physical custody (where the child will stay and who will handle the daily responsibility of raising the child).
  • Child support. Child support is set under Maryland’s Child Support Guidelines, based on both parents’ incomes and parenting time; either parent may owe support.
  • Modifying existing agreements.Child custody and support agreements and orders can be modified if there is a significant change of circumstances. Relocation is a possible change in circumstance if it is justified.
  • Proving paternity.We advocate for mothers who identify the father and for fathers who want to prove they are biologically the child’s parent, by formally requesting that the named parent take a paternity test or by contesting the need for a test.
  • Protective and peace orders. Violence is inexcusable. We immediately demand that spouses, parents, neighbors, strangers, and others who commit violent acts or threaten violent acts be ordered to stay away from you and your children. We also represent the accused.
  • Adoption.Our Bethesda family law attorneys help step-parents, LGBTQ couples, married couples, and other eligible adults adopt minor children.
  • Best interest attorney and child advocates. Our attorneys can be appointed as Best Interest Attorneys (to advocate for the child’s best interests) or as Child Advocate Attorneys (to serve as the child’s counsel).
  • Parenting coordination. A parenting coordinator helps parents prepare a plan and manage the daily logistical and communication issues for their children after the divorce or separation.

Heather McCabe is a certified parenting coordinator, and both founding partners are qualified to advocate for children when necessary.

Assistance for same-sex couples seeking a divorce in Maryland

Since the Supreme Court case of Obergefell v. Hodges held that same-sex couples were entitled to marry, our lawyers have been helping LGBTQ clients address many of the same problems that married couples do, including the reality of divorce and accompanying issues such as alimonychild custody, child support, and property division. If there are underlying challenges that arise from a previously-unrecognized relationship between you and your spouse, we have the skills and experience to address those as well, either during negotiations or through a proactive litigation strategy.

Our community-focused advocacy

At McCabe Russell Divorce and Child Custody Lawyers, we believe that supporting families goes beyond the courtroom. As active members of the Bethesda and Montgomery County communities, our attorneys engage in local outreach to promote understanding of family law issues and to strengthen the fabric of our neighborhoods.

We can help demystify complicated topics like divorce planning, child custody, and protective orders, so that people are empowered before a crisis strikes. We also partner with community centers, schools, and nonprofit networks to provide legal clinics and resources for individuals who may not know where to turn. This community-focused approach keeps us grounded in the real lives of our neighbors and better equips us to advocate with empathy, insight, and responsiveness.

Transparent communication at each step of the way

Divorce and custody matters can feel overwhelming, but communication shouldn’t be. At our Bethesda office, you can expect clear, timely updates from day one. We’re committed to explaining the process in everyday language, answering your questions promptly, and keeping you informed of every development.

From reviewing financial disclosures to walking you through court documents, we make sure you understand not just what’s happening, but why it matters. If you prefer email, phone calls, or secure client portal messaging, we adapt to your comfort level. Our goal is simple: empower you with clarity and confidence as we pursue what’s best for you and your family.

Tailored support for blended families

We know that modern families come in many forms, including blended families, step-parent relationships, and households with complex co-parenting arrangements. As such, our Bethesda attorneys offer specialized support tailored to these nuanced circumstances.

Whether you're negotiating a step-parent adoption, crafting a cohabitation agreement with children from prior relationships, or managing parenting coordination amid transitions, we provide thoughtful legal guidance informed by real-world family dynamics. When needed, we collaborate with mental health professionals and mediators to ensure your agreements are both legally sound and rooted in understanding.

Types of cases we handle

Our Bethesda attorneys handle a variety of cases, including:

Frequently asked questions

How do I qualify for a divorce in Maryland?

To qualify for divorce, at least one spouse must be a Maryland resident. If the grounds for divorce occurred in Maryland, then you only need to be living in the state when filing. If the grounds occurred elsewhere, one of you must have lived in Maryland for at least six months before filing for divorce.

 

What are the legal grounds for divorce in Maryland?

The state of Maryland recognizes three no-fault grounds for divorce:

  • Mutual consent, where both spouses agree to the divorce and sign a marital settlement agreement
  • Six-month separation, where you’ve been living separate lives for at least six months (even under the same roof, as long as you’re not behaving as a couple)
  • Irreconcilable differences, where the marriage can’t be fixed

 

Can Maryland grant a legal separation?

No, not technically. Maryland does not offer a legal separation. As of Oct. 1, 2023, limited divorce was repealed. You can obtain an absolute divorce based on six‑month separation, irreconcilable differences, or mutual consent.

 

How does alimony work in Maryland?

You can’t request alimony after the final divorce decree; you must request it beforehand. There are three types of alimony possible:

  • Pendente lite, which is temporary support during the divorce.
  • Rehabilitative, which is short-term support to help a spouse become self-supporting
  • Indefinite, which is long-term support in rare cases (like due to age or disability)

 

Who pays, and how much is alimony?

Alimony isn’t automatic. The judge will weigh factors like:

  • Length of the marriage
  • The financial resources and needs of each spouse
  • Health, age, standard of living, and contributions to the marriage

You can also negotiate your alimony terms, as the court generally approves fair agreements.

 

How does property division work in Maryland?

Maryland follows an equitable distribution process, dividing marital assets fairly, but not necessarily equally. Judges consider many factors, like each spouse’s contributions to the marriage, its duration, and each one’s financial situation.

 

Contact our Bethesda family law firm for reputable legal counsel

McCabe Russell Divorce and Child Custody Lawyers helps Bethesda families, couples, friends, and neighbors make the transition to a new life after a marriage or relationship has ended. Our Bethesda divorce and family lawyers work with families from all backgrounds and interests. We protect your rights and advocate for your financial, personal, and emotional interests. To make an appointment with our attorneys, please call our offices or fill out our contact form.

 


Bethesda Office

6701 Democracy One Plaza Loop,
Suite 300,
Bethesda, Maryland, 20817
Phone: (301) 888-6945

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