Rockville Divorce

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Rockville Divorce and Child Custody Lawyers

Compassionate family law guidance and representation in Rockville and Montgomery County, Maryland

Rockville Divorce Lawyers

At McCabe Russell Divorce and Child Custody Lawyers, our respected Rockville attorneys are highly experienced in helping our clients through the recently revised Maryland laws governing divorce, child custody, and child support.

Our family law services begin with an initial consultation, during which we learn about your specific situation and concerns and answer your questions about what to expect in the divorce, asset division, child custody, and support process. Where appropriate and consistent with ethical obligations, we may meet with children as part of the representation.

Throughout the process, we communicate directly with your spouse’s attorney to negotiate an amicable settlement if possible, or to fight for your interests in court when necessary.

Our firm handles the following specific aspects of divorce and separation in Rockville:

  • Divorce and Separation
  • Asset Division
  • Child Custody and Child Support
  • Spousal Support
  • Same-Sex Divorce and Same-Sex Child Custody and Support

How McCabe Russell Divorce and Child Custody Lawyers can help

  • Navigating Maryland’s divorce and separation laws
  • Is divorce mediation an option in Rockville?
  • Asset division
  • Child custody and support
  • Spousal support (alimony)
  • Handling specific aspects of same-sex divorce
  • Frequently asked questions
  • Do you have a respected Rockville divorce lawyer near you?
  • Call McCabe Russell Divorce and Child Custody Lawyers to discuss your rights in a Rockville divorce

Navigating Maryland’s divorce and separation laws

Effective October 1, 2023, Maryland revised its divorce laws. Under current law, spouses may seek a divorce based on three grounds: 6-month separation, irreconcilable differences, or mutual consent.

6-month separation

A married couple must have lived separately for at least six months, without interruption, before filing an application for divorce. Parties who have pursued separate lives are deemed to have lived separate and apart, even if they reside under the same roof (so long as they do not cohabit) or if the separation is in accordance with a court order.

Irreconcilable differences

Sometimes, fundamental differences or problems make it impossible or impractical for a couple to stay in their marriage. When spouses face issues or conflicts that can’t be resolved and lead to the breakdown of their marriage, they may file a complaint for divorce based on irreconcilable differences.

Mutual consent

The requirements for a divorce based on mutual consent are:

  • A written settlement agreement signed by both spouses that resolves all issues relating to alimony, the distribution of property, and the care, custody, access, and support of their minor or dependent children;
  • A completed child support guidelines worksheet, if the settlement agreement requires that one spouse pay child support to the other;
  • Neither spouse files court papers asking to undo the settlement agreement before the divorce hearing; and
  • The court is satisfied that any terms of the agreement pertaining to minor or dependent children are in the best interests of those children.

Is divorce mediation an option in Rockville?

Mediation is a voluntary option (and sometimes court-ordered) that some Rockville families choose when they do not want to spend a lot of time and money battling through a litigated divorce. Mediation can be a viable choice when you and your spouse want to work out an agreement that would create the best outcome for your children.

A mediator is a neutral third-party who seeks to guide spouses toward settling their divorce out of court. A mediator may be a family law attorney, but does not represent or advise either party. Each spouse may retain their own divorce attorney for advice. With the mediator's help, the attorneys draft the final divorce agreement once the parties have agreed on all settlement terms.

Mediation works best when the breakup of the marital relationship is still amicable. It does not work as well when issues such as alimony, child support, custody, and the division of assets are contentious.

At McCabe Russell Divorce and Child Custody Lawyers, we work with mediators when appropriate to find a clear path towards a brighter future and to ease the stresses on you and your children that often come with a divorce.

Asset division

The longer a couple stays together, the more personal and real property they tend to acquire. Maryland courts often resolve marital property disputes via monetary awards.

What assets can be divided?

Generally, property acquired during the marriage is marital property unless excluded by statute, agreement, or traceable to non-marital sources.

Common examples include:

  • Bank accounts
  • Houses and real estate
  • Cars
  • Furniture and appliances
  • Businesses
  • Stocks and bonds
  • Jewelry
  • Retirement accounts, pensions, and IRAs

When determining an equitable outcome from asset division, courts will ordinarily consider details like how long you were married, the financial and non-financial contributions each of you made, the age and health of each spouse, and whether one spouse will be receiving spousal support.

What assets cannot be divided?

The property you owned before the marriage is your personal property and is not subject to asset division in a divorce.

Some property that you may have received during your marriage can also be excluded from marital property division. Examples include:

  • Gifts intended for only one spouse
  • An inheritance received by only one spouse
  • Property excluded by a valid prenuptial or postnuptial agreement
  • Property directly traceable to non‑marital sources

Special considerations in asset division

Maryland courts can consider several additional factors when dividing assets in a divorce:

  • Possession of a marital home: For a house you purchased together with another person before you got married, potentially only the marital part of your equity is marital property. Also, where the parties have children, courts often award use and possession of the home to one spouse.
  • Marital debts: Courts may consider debts each spouse incurred when making an equitable asset division.
  • Retirement accounts and pensions: To the extent that these have been earned during the marriage, they are marital property. The court can issue a qualified domestic relations order to divide these assets.
  • Marital misconduct that may affect finances: If one spouse has engaged in wrongful acts that have affected the couple’s finances, this is something the court can consider when determining what an equitable asset division should be.
  • Prenuptial agreements: If a valid prenuptial agreement exists, this can be effective in removing what would otherwise be marital property from that classification during asset division.

Child custody and support

If you have children with your spouse, Maryland law addresses how you will share or split responsibilities for where the children will live and how each of you will contribute to their support.

Here are some of our areas of practice in child custody and support:

Child custody

In Maryland, child custody decisions are made based on the best interests of the child. What this means is that a judge will consider multiple factors, including the child’s health, relationships, developmental needs, and the parents’ ability to cooperate and prioritize the child’s welfare.

Maryland law recognizes two kinds of child custody: legal custody and physical custody. Legal and physical custody can both be awarded to one parent, or they can be split between both parents.

Legal custody

Legal custody concerns who has decision-making authority for the child’s education, healthcare, and religious upbringing.

Maryland courts decide custody based on the child’s best interests and may award joint legal custody when parents can communicate and make shared decisions, but if one parent cannot make sound decisions because of concerns like mental health issues, substance abuse, or a history of child abuse, then legal custody may be awarded to only one parent.

Physical custody

Physical custody refers to where the child lives and the child’s day-to-day care, including matters such as school enrollment.

Like legal custody, physical custody can be shared. The sharing arrangement can be equal, or one parent can have primary physical custody and be designated as the custodial parent.

Parenting plans

Parents are encouraged to create a formal parenting plan. This establishes custody arrangements, visitation schedules, decision-making protocols, communication expectations, and dispute resolution methods. The court will review the parenting plan and approve it if it serves the child’s best interests.

If parents cannot agree on a parenting plan, the court may require them to participate in mediation, order a professional custody evaluation, or appoint a lawyer to represent the child’s interests. The judge may limit or deny visitation if evidence exists of domestic violence, child abuse, or if the child’s safety is at risk.

Visitation rights

Maryland courts consider it beneficial for the non-custodial parent to have visitation rights. These can include scheduled in-person and virtual, supervised or unsupervised visits. The state has strict constitutional limits on third-party visitation.

The child’s preferences

A court may consider a child’s preference if the preference is age-appropriate and the child is sufficiently mature.

Order modifications

If you already have a child custody arrangement in place, but since then a material change in circumstances occurred, like a relocation or a change in a parent’s stability that affects the child’s best interests, then we can help you to seek a modification to child custody or visitation rights to take this change into account.

Order enforcement

Sometimes, in a more contentious divorce, one parent might violate the terms of a parenting plan or a court order. If this happens, a Rockville divorce attorney can help you file a motion for enforcement or for contempt.

Child support

Child support is a court-ordered payment made by one parent to the other based on income, custody arrangement, and statutory guidelines. Child support payments, like alimony, may be incorporated into the divorce judgment or included in a marital separation agreement as well.

At McCabe Russell Divorce and Child Custody Lawyers, our legal team helps calculate, modify, and enforce child support orders under Maryland law to establish fair and just financial arrangements. In shaping a child support agreement or requested child support order, we consider issues including, but not limited to:

  • How will childcare expenses be determined?
  • What counts as income for calculating child support?
  • How will any income from self-employment or a small business figure into child support?
  • Are there any other kinds of income that can be included?
  • Will the amount of time a child spends with each parent affect child support?

Spousal support (alimony)

Spousal support may include temporary, rehabilitative, or indefinite payments depending on the circumstances of the marriage and the parties. Spousal support is completely distinct from the child support mentioned above (though it can change the incomes of each parent for child support calculation purposes).

Maryland recognizes temporary alimony, rehabilitative alimony (which lasts for a set period), and indefinite alimony for long-term spousal support.

Temporary alimony is also known as alimony pendente lite. A court may award this kind of alimony while divorce proceedings are underway to make sure a dependent spouse can meet basic living expenses like housing, utilities, food, and other necessities.

Rehabilitative alimony is the most common kind in Maryland and supports a spouse’s efforts to become self-supporting by helping to pay for education, training, or work experience.

The main difference between rehabilitative and indefinite alimony is that while rehabilitative alimony typically ends after a certain time, indefinite alimony can continue for much longer. If, for example, you cannot reasonably be expected to become self-supporting after the divorce because of age, illness, or a disability, or even if you can become self-supporting, the disparity between your income and that of your former spouse would still lead to an unconscionable difference in your standards of living, then indefinite alimony may be appropriate.

One of our Rockville divorce attorneys can help you determine if spousal support is appropriate to request and what a fair amount of spousal support should be in your case.

Handling specific aspects of same-sex divorce

Since the legalization of same-sex marriage nationwide by the U.S. Supreme Court in 2015, many of the unique challenges that Maryland same-sex couples have faced in the past are not as challenging today.

Still, a few areas of divorce law in Maryland remain in which a same-sex couple can find it harder to navigate compared to heterosexual couples.

Child custody and support

Child custody and support in Maryland are not based on more traditional outcomes, such as a preference to place children in the custody of their mothers instead of their fathers. In all cases, the best interests of the child are what should govern the outcome.

One significant point of concern that remains is establishing legal parenthood when only one spouse is a biological parent. Non-biological spouses in same-sex marriages generally have equal parental rights if recognized as a parent or through adoption; otherwise, de facto parent claims may be necessary.

In such a situation, a Maryland divorce court may need to consider whether the non-biological parent is a “de facto” parent.

Spousal support and asset division for couples who committed before the legality of same-sex marriage

Another possible area of concern is for couples who were committed before same-sex marriage became legal in Maryland on January 1, 2013 or nationwide in June, 2015. While marriage length is calculated from the legal marriage date, courts may consider equitable factors depending on the circumstances.

For example, let’s say that you and your same-sex spouse committed to each other in 2010 and adopted a child together the same year. In 2026, you decide to divorce. A question that can arise is how far back the divorce court can look when considering the length of time spent together in the marriage, especially the interval before Maryland legalized same-sex marriage.

This can have a bearing on any award of alimony, which is based in part on how long the couple has been married. If you bought a house together with your spouse before same-sex marriage was legalized, in some cases, this can have a potential effect on equitable property division in the home’s equity.

At McCabe Russell Divorce and Child Custody Lawyers, our attorneys have experience helping same-sex couples address these potential issues to reach equitable and enforceable resolutions.

Frequently asked questions

Is all property subject to division in a Maryland divorce?

Only marital property and not non-marital property is subject to division in a divorce in Maryland.

  • Non-marital property is what you own before you get married, or an inheritance, or a gift given only to you, or property you acquire after the divorce.
  • Marital property is property, including assets and income, that you or your spouse acquires while you are married. Common marital assets include your marital home, bank accounts, personal property, cars, retirement accounts, and business interests. Each marital asset, whether in Maryland or elsewhere, should be identified. You should know the value of each asset. Only when all marital property is identified and valued can you and your spouse negotiate or litigate.

Is Maryland a community property state?

Maryland is not a community property state. It is an equitable distribution state. The difference is that in a community property state, marital assets are divided equally, while in Maryland’s equitable distribution system, marital property gets divided in a way the court decides is fair, even if it is not a 50-50 split.

Equitable distribution gives the court the flexibility to consider each spouse’s contributions to the marriage, how long the marriage has lasted, and the economic circumstances of each party.

Is it possible to modify an asset division later?

Generally, no. Unlike child support and spousal support, which are generally subject to modification based on changed circumstances, once your marital asset division is finalized, then no further changes can be made.

Will one spouse have to pay alimony?

Maryland courts do not automatically require alimony to be paid in a divorce. One spouse must request it, or both spouses must agree to it. A court will only award alimony if it finds that alimony is necessary. The court will consider factors like each spouse’s age and health, the ability of each spouse to be self-supporting, and the financial needs of each spouse.

If you need short-term help to get an education, learn a trade, or obtain a license to earn a living, then we will request short-term rehabilitative alimony. If you cannot work due to a disability or for other reasons, or if there is an unconscionable difference in your standards of living, we can make the case for indefinite alimony.

If you are currently paying alimony, but believe you should not be, then we can examine the details of your case and your ex-spouse’s circumstances and work towards modifying your spousal support order. Alimony may be modified unless the parties agreed in writing that it is non-modifiable.

How will child custody be decided?

If parents cannot agree on custody arrangements, a Maryland court will decide custody based on the best interests of the child, considering factors such as each parent’s ability to meet the child’s physical, emotional, and educational needs. Parents must resolve who will be responsible for their children’s health, education, moral upbringing, and other decisions. Both parents often share legal custody (long-term decisions). Parents can either share physical custody (daily living arrangements and care) or one parent can have sole physical custody.

How is Maryland child support calculated?

The amount of support a parent may pay is based on the income of both parents, the number of children, who spends the most time with the children, and practical factors like whether a child can be included in a parent’s health insurance policy. At McCabe Russell Divorce and Child Custody Lawyers, we work to verify how much your spouse is really earning, to ensure that your child is being supported properly.

Do you have a respected Rockville divorce lawyer near you?

Yes. McCabe Russell Divorce and Child Custody Lawyers is located at 199 E Montgomery Ave, Suite 100, Rockville, Maryland 20850.

When a marriage comes to an end, it can be emotionally traumatic. But separation or divorce can also affect your life in other ways, including financially and your ongoing relationships with your children. Together, these considerations can make you feel overwhelmed, frustrated, saddened, and angry all at once.

At McCabe Russell Divorce and Child Custody Lawyers, our skilled and compassionate family law attorneys help people navigate the divorce process in a way that is constructive, forward-thinking, and respectful while zealously representing your best interests.

We consider each aspect of your family situation, studying your finances, learning about and meeting your children, and fully assessing your needs. We negotiate with opposing counsel to explore alternative ways to resolve your divorce, property division, and child custody matters. If need be, we do not hesitate to fight for you in court.

Call McCabe Russell Divorce and Child Custody Lawyers to discuss your rights in a Rockville divorce

Understand your rights and options. Fight for the best settlement or court order possible by working with attorneys who have the skill and experience to help you. Proper preparation and advocacy can mean the difference between starting your life after divorce with confidence versus dealing with constant worry.

Contact us today to speak with one of our experienced family law attorneys.

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199 E Montgomery Ave
Suite 100
Rockville, Maryland 20850
Phone: (443) 812-1435

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