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Family Law

Our Firm represents clients in many areas of family law, focusing on the unique needs of each client. Our goal is to work toward a fair resolution of your concerns, while avoiding the unnecessary public exposure of private issues.

Family law covers all aspects of family relationships. Some common family law matters include: divorce (also known as "dissolution of marriage"), paternity proceedings, adoption, child custody and visitation, child support, spousal support (alimony), restraining orders, the division of marital property and debts, grandparent visitation, guardianships, and conservatorships.

If you are seeking counsel concerning a divorce, our Firm can help you and your spouse settle the division of your property, deal with child and spousal support issues, and will represent you in court to finalize such matters.

  • Domestic Violence
  • Divorce
  • Child Custody
  • Child Support

Domestic Violence

Domestic violence is any physical, emotional, sexual or other type of violence that takes place between people who are married or not married; heterosexual, gay or lesbian; living together, separated or dating. Depending on the circumstances, many acts of domestic violence can be considered criminal. Acts of domestic violence include: physical assault such as hitting, pushing and shoving, sexual abuse meaning, unwanted or forced sexual activity, and stalking.

Our Firm represents clients who are dealing with domestic violence issues that may require a Peace Order or Protective Order as well as individuals who are being criminally charged with domestic violence.

If you are a victim of such domestic violence or emotional abuse, or if you are charged with a domestic violence crime, our Firm can help you.

Divorce

There are two types of divorce-- absolute and limited. An absolute divorce, (also called a "divorce a vinculo matrimonii" is a judicial termination of a marriage based on marital misconduct or other statutory cause arising after the marriage ceremony. As a result of an absolute divorce both parties' status becomes single again.

Maryland statutes authorize limited divorces, or "divorce a mensa et thoro." The consequences of limited divorces vary from state to state. Typically, a limited divorce is commonly referred to as a separation decree; the right to cohabitation is terminated but the marriage is undissolved and the status of the parties is not altered.

Maryland has enacted what are called no-fault divorce statutes. This statue avoids the need to prove in a court of law that the divorcee had done one of several enumerated things as sufficient grounds for the divorce. No-fault divorce eliminates this potentially embarrassing and undesirable requirement by providing for the dissolution of a marriage on a finding that the relationship is no longer viable.

Our Firm can help you prepare in all ways for this difficult journey, eliminate as many "surprises" as possible, enable you to understand the process, identify the critical concepts, guide you through the difficult decisions and generally make you an effective participant and contributor in your own divorce.

We can counsel you and your spouse or partner and work to resolve issues like:

  • Property division, including the valuation and distribution of your joint assets
  • Child custody arrangements, either initial or modified, involving decision-making authority for your children, their temporary or permanent physical placement, and visitation schedules
  • Child support and maintenance matters
  • Spousal/Partner support or alimony

We will explore resolution options with our clients such as Alternative Dispute Resolution (ADR) which allows for the resolution of conflicts without going to trial. ADR typically includes arbitration, mediation, early neutral evaluation, and conciliation.

Either through the courts or ADR, our goal is to work toward a fair resolution of your concerns, while avoiding the unnecessary public exposure of private issues.

Child Custody

Decisions regarding child custody and other parenting arrangements occur within several different legal contexts, including parental divorce, guardianship, neglect or abuse proceedings, and termination of parental rights.

Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example. Physical custody means the right to have the child live with you.

In determining how parental responsibilities should be shared, your and your former spouse or partner must determine:

  • The residence, both primary and secondary of your child or children
  • If you and your former partner or spouse desire rotating custody
  • A visitation schedule
  • How you and your former spouse or partner will make decisions which affect your child or children

Overall, when determining child custody and visitation matters, it is important to carefully consider your children's current and future needs, keeping in mind each parent's economic situation and potential, caretaking ability and availability, as well as your child's bonds with their other siblings.

Child Support

In 1990, the Maryland General Assembly passed a law requiring the courts to use Child Support Guidelines in all child support cases. The Guideline's amount is the correct amount. However, you can argue that the Guidelines amounts are wrong. First you must complete the Guidelines and show the amount. Then you can then explain your concerns in the comments section of the Guidelines.

Parents cannot agree to not support their children. The General Assembly decided that the law and policy of Maryland is that the child's best interest is of paramount importance and cannot be altered by the parties. A parent has a legal obligation to provide support for the child in proportion to their gross earnings.

The math to determine the Guideline amount is fairly simple. The Legislature provided a form which must be followed. The Child Support Calculator follows the Guidelines and is an easy way to avoid doing the math yourself.

Child support decisions are some of the most important aspects of a divorce or dissolution proceeding given that they deal with your child's current and future well being. Our goal is to focus on your unique needs in order to work toward a fair resolution of your concerns.

Contact Information

Law Offices of Michael G. Banks, LLC
One Church Street
Suite 801
Rockville, MD 20850-2613
Phone: 301-251-9161
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