Legal Question in Family Law in Maryland

Can i file for a simple divorce even if there is a child involved.. Can we draw up some kind of agreement that would be supported by the court


Asked on 10/02/11, 6:09 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

If you have the requisite grounds, you can do this. You need to have been separated by agreement with your spouse for a year, or without their consent for 2 years. You can draw up an agreement that recites when you separated and if it was by consent. Regarding your child, you need to make sure that he/she is being adequately supported by both parents, and spell out who has custody (both residential and legal) and what the visitation rights of the noncustodial parent will be. MD has guidelines for the proper amount of basic support based primarily upon the respective incomes of the parents. There are add-ons, such as for day care expenses.If your agreement doesn't provide for payment of the amount that the law requires, a judge is likely not to approve it. There is a form that you must submit at the time of divorce which shows how you calculated the correct child support amount. Given all of this, it would be a good idea to at least consult with an experienced family attorney who can help you prepare a legally binding agreement and account for your child.

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Answered on 10/03/11, 11:19 am


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