Rockville Family Law Attorneys

How a Rockville divorce is handled

Many divorce contests can be resolved by agreement. When the spouses and the parents cannot agree on their own, there are alternative ways to help couples negotiate a settlement. The mediation process uses a skilled, independent person to help foster a settlement. Collaborative divorce is a process in which lawyers help clients resolve their legal issues. Our Rockville divorce lawyers only recommend settlements when they are just. When a spouse is uncooperative and making unreasonable demands, we litigate your case before the family court judge.

In Maryland divorces, experienced divorce attorneys represent clients in the following issues:

• Divorce planning.We help you plan for all phases of your divorce by learning about your situation and understanding your goals and needs. That way, we can prepare the best strategy for your case.
• Divorce negotiation.We are ready to take each part of your case to trial, but we do understand that negotiated settlements often work to the advantage of everyone involved.
• Uncontested divorces. In Maryland, couples can obtain an uncontested (mutual consent) divorce if they agree on all issues—such as property division, alimony, and, if applicable, child custody and support. There is no waiting period for mutual consent divorces. Otherwise, a divorce may be granted after a six-month separation or based on irreconcilable differences.
• High-conflict divorces.In many divorces, one or both spouses refuse to negotiate and make it as difficult as possible for the other spouse. We have the experience necessary to manage high-conflict divorce cases.
• Equitable distribution.In Maryland, property acquired during the marriage, such as homes, cars, and bank accounts, can be divided between both spouses. Our lawyers work to identify all marital property and to obtain a just division, which may be more than a 50-50 split. We work hard to save the family home for you and your children.
• Prenuptial and postnuptial agreements.These are contracts that resolve how assets are to be distributed in case of a divorce. Parts or all of these agreements may be invalid. For example, the judge needs to decide what is in the best interests of the children.
• Alimony agreements and orders.Our lawyers advocate for clients in need of alimony during the litigation process, temporary alimony, and indefinite alimony. We also contest these rights when necessary.

Our Rockville family lawyers protect our clients by making certain all agreed-upon terms and all orders are in writing and are enforceable if the other side does not comply.

How child-related legal issues are handled in Rockville

Our lawyers explain to clients that the family judge needs to place the needs of the child first. The bottom-line decisions in all cases involving children are to do what is in the best interests of the child. That is why we work to align a parent’s interests with those of their children. Parents need to make many decisions about their children, starting with where the children live, what happens if they get sick, which school they will go to, what activities they will engage in, tending to their daily needs, and many other issues. Our lawyers help determine which parent or parents make the key decisions for their children and what the responsibilities of each parent are.

Some of the child issues that are resolved through the Maryland family law courts are:

• Child custody. Legal and physical custody are the authority to make decisions for a child and the schedule of where the child lives and who raises the child. Both parents can share both types of custody.
• Child support.Parents need to pay a just sum for their child’s shelter, food, clothing, and other needs. We work to get the best outcome possible for your children.
• Modifying existing agreements.Orders for the benefit of children cannot be changed unless there is a change in circumstances for either parent or any child. A new job, worsening health, or the need to move can qualify as a legitimate change.
• Paternity lawsuits.Most issues of fatherhood are resolved through genetic testing. If paternity is still uncertain, a judge decides paternity.
• Protective and peace orders. We move quickly if violence or threats of violence are being made against you or your family. Protective and peace orders require that the abuser stay away. Violating an order can lead to arrest and criminal penalties (including jail or fines).
• Adoption.We help step-parents, LGBTQ couples, married couples who wish to adopt, birth parents with a disability, and minors arrange adoptions.
• Best interest attorneys and child advocates. Our lawyers serve as:
  • Child’s Best Interest Attorney (formerly guardian ad litem)
  • Child’s Advocate Attorney (advocates the child’s wishes)
  • Child’s Privilege Attorney (decides whether to assert/waive privileges)
• Parenting coordination. A parenting coordinator helps parents communicate when the divorce or relationship is over.

Both founding attorneys are certified Best Interest lawyers, and Heather McCabe is an authorized parenting coordinator.

What about guardianship and grandparents’ rights?

Family law goes beyond divorce and custody. In many situations, grandparents or other relatives may need to step in to care for a child. Whether you’re seeking legal guardianship due to a parent’s incapacity or fighting for visitation rights with your grandchild, our attorneys provide compassionate, strategic representation.

Maryland law recognizes the rights of grandparents and other third parties in certain cases, especially when it's clear the child will benefit from ongoing contact and support. We help guide you through these delicate legal matters while keeping the child’s well-being at the center of everything.

Divorce and family law advice for same-sex clients in Rockville

The Supreme Court validated the right of same-sex couples to be married. This means that same-sex couples now need experienced legal counsel that understands divorce, equitable distribution, custody, and the full range of divorce and separation issues. We are the legal counsel. We help same-sex couples and the LGBTQ community with domestic partnership agreements and other family issues. We guide LGBTQ clients through the family issues that are unique to them and the ones that are now common to everyone.

Protecting your privacy and safety during divorce

Divorce isn’t just an emotional and financial journey. It can also bring up serious concerns about your privacy and safety. If you are leaving an abusive relationship or feel unsafe in any way, it’s critical to take steps to protect yourself and your children. At McCabe Russell Divorce and Child Custody Lawyers, we help you establish boundaries, including filing for protective orders, securing temporary housing, and collaborating with law enforcement or other relevant agencies as needed. We also assist clients in safeguarding sensitive financial and personal information during litigation, such as social security numbers, online accounts, and details about shared assets.

Guiding families through post-divorce modifications

Your divorce agreement may work well initially, but as life changes, your legal agreements might need to change, too. Our Rockville attorneys routinely help clients seek or oppose post-divorce modifications involving child custody, visitation schedules, child support, and alimony. A parent might need to relocate for work, a child may require new medical care, or one party might face a financial downturn. If a “material change in circumstances” has occurred, we can help you petition the court to modify your existing order, or defend your rights if the other party is seeking a change that isn’t in your child’s best interest.

Types of cases we handle

Our Rockville attorneys handle a variety of cases, including:

• Divorce
• Child Custody
• Child Support
• Asset Division
• Alimony
• Same-Sex Divorce
• Same-Sex Child Custody/Support