Part I – Custody, Visitation and Child Support A divorce decree – commonly titled as a “Judgment of Absolute Divorce” – is a Court Order, and like all Court Orders, it carries real legal force. But life rarely stays the same after a divorce is finalized. Jobs change. Children grow. Circumstances that seemed settled at the time of the decree may look very different a year or five years later. If you find yourself wondering whether the terms of your divorce decree can be modified, the answer is: it depends on what you are trying to change. Depending on the type of provision in your divorce decree you are seeking to change, you will encounter different procedures and substantive law which governs your ability to seek a modification. In this…Read More
Few decisions in family law carry more weight than custody. When parents cannot reach an agreement about where a child will live and who will make decisions about that child's life, the court must decide those issues for the parents. That decision is guided by a single overarching standard: the best interest of the child. But what does that actually mean, and how does a court get there? Until recently, the answer came almost entirely from decades of case law. Maryland courts relied primarily on the factors identified in two seminal cases — Montgomery County Department of Social Services v. Sanders, 38 Md. App. 406 (1977), and Taylor v. Taylor, 306 Md. 290 (1986) — to structure their analysis. This required courts to interpret case law and the custody factors…Read More
What Is It and How Does It Work? When a Maryland marriage ends in divorce, the division of marital property is rarely as straightforward as splitting assets down the middle. When dividing marital property, Maryland law dictates that such property must be divided equitably – which can be quite different than dividing the marital property equally. In order to fashion an equitable division of the marital property, courts frequently use a monetary award, a powerful equitable remedy that can have a significant impact on the financial outcome of a divorce case. This article explains what a monetary award is, how Maryland courts analyze and calculate monetary awards, and which cases are more likely than others to include a monetary award. If you have questions about how a monetary award may…Read More
Divorce is one of the most financially complex events a person can go through. Beyond the emotional toll, the decisions made during this process — about property division, retirement accounts, support obligations, and taxes — can have lasting consequences for your financial future. Yet many people navigate these waters without professional financial guidance, often to their detriment. Alongside an experienced family law attorney, a financial advisor can be an invaluable partner throughout your divorce process. By partnering with an experienced financial advisor and family law attorney, you can set yourself up for financial success in your post-divorce life. Here are three compelling reasons why working with a financial advisor during your divorce can be beneficial to you. 1. They Help You Understand The True Value Of What You’re Dividing Many…Read More
When facing divorce in Maryland, one of the first questions many clients ask is how an uncontested divorce differs from a contested divorce. From the process itself to the timeline for getting divorced, there are many important differences between uncontested and contested divorces. Understanding the difference between these two paths can help you set realistic expectations and make informed decisions about your case. What Is An Uncontested Divorce? An uncontested divorce occurs when both spouses agree on all major issues related to ending their marriage. This includes: Division of marital property, including real estate, retirement accounts and other assets; Division of marital debts; Alimony; Child custody and visitation schedules; Child support amounts; and Any other relevant matters In Maryland, when both spouses agree to all of the terms of their…Read More
Filing for divorce is one of the most significant decisions you'll make in your life. Once those papers are filed, many clients tell us they feel a mix of relief and anxiety—relief that they've finally taken action, and anxiety about what comes next. Understanding what to expect in those critical first 30 days can help ease some of that uncertainty. Days 1 – 3: Writ of Summons and Service of Process After your Complaint for Absolute Divorce is filed with the Circuit Court, the Circuit Court will issue a Writ of Summons. This is a document which essentially functions as a notice to the other party that a divorce case has been filed against them. The Circuit Court will typically issue the Writ of Summons within 1 – 3 business…Read More
A Protective Order is a type of restraining order that the Court may enter between two people who have a domestic relationship. The Court may grant a Protective Order when there have been one or more acts of “abuse” – as defined by MD Code, Family Law, § 4-501 – between the Petitioner and the Respondent. In a previous article, we discussed the basics of Protective Orders, which can be found here. Protective Order cases frequently involve two people who have a domestic relationship – including people who are married to each other, have children together or both. Since Protective Orders often signal the end of the relationship between the Petitioner and Respondent, it is not uncommon for Protective Order filings to be accompanied by a filing for divorce or…Read More
The Greenberg Legal Group is pleased to announce that the firm has been recognized by Business Rate as the “Best of 2025 Annapolis Award Winner” in the Divorce Lawyer category. This award is based on an independent analysis of client feedback and review of the firm’s services in divorce matters. The firm is grateful for this distinction and the overwhelmingly positive feedback received from clients of the firm.Read More
Any parent knows that the holiday season can be equally joyous as it is chaotic. Between seeing extended family and spending time with your own children, there can be a lot to coordinate. For co-parents who are not necessarily celebrating the holidays “together,” but have children with whom they wish to celebrate, it is extremely important to have a plan in place to address how their time with the children will be spent during the holidays. What is a Holiday Custody Schedule or Holiday Access Schedule? The term “holiday custody schedule” or “holiday access schedule” refers to the defined schedule that each parent has with their children for major holidays. Of course, what is considered a “major” holiday will depend on which holidays the parents choose to celebrate. Examples of…Read More
The marital home is often the largest financial asset that a family has and can hold a strong emotional attachment for the parties or their children. In Maryland, regardless of how a home is titled, if it was purchased during the marriage, it will be deemed marital property by the Court, unless it was acquired via gift, inheritance, or a valid agreement states otherwise. If the home is marital property, then it will be within the jurisdiction of the Court to address as part of the divorce. If the parties have children, the marital home could also be deemed family use property, which gives the Court broader discretion to deal with the marital home. When going through a divorce in Maryland, it is important to know your options so you…Read More
