Maryland Family Law FAQs

Below are answers to Maryland Family Law FAQs, including divorce, child custody, child support, alimony, property division, relocation, and high-conflict family law matters. These answers are for general educational purposes only and are not legal advice. To discuss your specific situation, contact Gohary Law, LLC for a free consultation with a Maryland family law attorney.

Maryland Divorce FAQs

How do I file for a divorce?

You will need to file a Complaint for Absolute Divorce and a Domestic Case Information Report in the Circuit Court for the County where either you or your spouse lives, works, or owns a business.

What are the grounds for filing for a divorce in Maryland?

Maryland allows for no fault divorces based on the grounds of:

  • Mutual consent;
  • Six (6) months separation;
  • Or irreconcilable differences.
What happens if my spouse is refusing to sign a divorce in Maryland?

No one can trap you in a marriage. In Maryland, if one party is refusing to sign the divorce papers, the divorce becomes contested and will need to proceed through the court process. Your attorney will need to file a Complaint for Absolute Divorce in the proper jurisdiction to begin the process. After you serve the opposing party, the court will set the pace for the divorce. If you cannot agree on how to dissolve the marriage, the court will make the determination and settle all matters including issues related to custody, child support, property division and spousal support.

How long does divorce take in Maryland?

The timeframe depends on whether or not your divorce or custody dispute is contested or uncontested. An uncontested divorce with a Settlement Agreement can take a few months. A contested divorce involving property, alimony, or child custody takes much longer.

Do I have to meet any residency requirements to file a divorce in Maryland?

Yes. To file for a divorce in Maryland, one of the spouses must be a resident of the state for at least 6 months prior to filing for a divorce.

If the grounds for divorce accrued in Maryland, you need to be living in Maryland when you file. If the grounds occurred outside of Maryland, at least one spouse must have resided in Maryland for at least 6 months prior to filing for a divorce.

Do I have to go to court?

Yes. Generally, you will need to attend a hearing even if your divorce is uncontested. Sometimes, parties are allowed to attend remotely, but they will still need to attend a hearing.

Can I file for divorce in Maryland if my spouse lives in another country?

Yes. You may file for divorce in Maryland if you have resided in the state for six (6) months or more before filing your Complaint for Absolute Divorce. You will need to serve your spouse a copy of the divorce papers, which is often the most complicated hurdle in international divorces. 

You must legally serve or notify your spouse of the divorce proceeding. How you serve your spouse depends on the country where they reside. If your spouse resides in a country that is a member of the Hague Convention, you must submit your divorce documents to their designation “Central Authority” to be served on your spouse. If your spouse lives in a country that is not a member of the Hague Convention, you may need to hire an international process server or use diplomatic channels such as a Letter Rogatory. If formal international service attempts are unsuccessful, the court may allow alternative methods like publication or international registered mail.

How do I handle high conflict divorce or uncooperative opposing counsel?

Attorney Gohary’s experience as both a therapist and a family law attorney gives her a unique perspective when handling high-conflict divorces and difficult opposing counsel. In family law cases, emotions often drive behavior, and conflict can quickly escalate if it is not managed strategically and professionally. Attorney Gohary’s approach is to remain calm, solutions-oriented, and focused on the long-term goals of the client rather than getting pulled into unnecessary conflict.

Attorney Gohary’s therapeutic training makes her skilled at recognizing communication patterns, emotional triggers, and power dynamics that often underlie high-conflict litigation. This allows Attorney Gohary to deescalate situations when possible, maintain productive communication, and help clients navigate emotionally charged decisions with clarity and confidence. At the same time, Attorney Gohary understands when firm boundaries and aggressive advocacy are necessary to protect her client’s interests.

When dealing with uncooperative opposing counsel, Attorney Gohary focuses on professionalism, preparation, and documentation. She does not allow hostility or gamesmanship to distract from the case strategy. Instead, Attorney Gohary keeps the focus on the facts, the law, and achieving practical outcomes for my client. Judges appreciate attorneys who are organized, reasonable, and focused on resolution rather than unnecessary drama, and Attorney Gohary believes that approach ultimately benefits both the client and the case.

In high-conflict matters involving custody disputes, protective orders, or significant emotional tension, Attorney Gohary also works closely with clients to help them respond thoughtfully rather than react emotionally. That balance of legal advocacy and emotional insight often helps reduce chaos, improve decision-making, and position clients for stronger outcomes both inside and outside of the courtroom.

Maryland Child Custody FAQs

What are the types of Child Custody?

Legal Custody and Physical Custody. To learn more, visit our page on Maryland Custody by clicking the button below.

Are there residency requirements for filing for custody?

Yes. To file for custody, the minor child/ren must have resided in Maryland for at least 6 months prior to filing the custody complaint

Does child custody have to be resolved at the time of divorce?

Yes.

Can I relocate with the children after my divorce?

When children are involved, the terms of relocation and how it impacts custody must be agreed upon by the parties or settled in court. To learn more, visit our page on Relocations by clicking the button below.

Maryland Assets and Property Division FAQs

How is property determined to be marital or non-marital?

Generally marital property is anything that the parties acquire following the date of the marriage. This excludes property that you acquired through gift or inheritance, or that has been excluded by a valid agreement such as a prenup.

What do I do if my spouse is trying to sell our house in Maryland without my permission?

If your spouse is trying to sell your house without your permission, you must act quickly to protect your ownership rights and financial interest in the home. Whether or not your spouse can legally sell the property without your permission depends on how the home is titled. If both of your names are on the deed, your spouse cannot legally sell the property without your signature, and the title company will require that both of you sign the sales contract and closing documents. 

However, if your name is not on the deed, the titled owner is legally able to sell the property. Because you are married, the house may be considered marital property and is therefore subject to division in a divorce. You must take immediate action to stop the sale of the home and file a Complaint for Absolute Divorce. Once a Complaint for Absolute Divorce has been filed, the home becomes actively disputed in court and restricts unilateral property action. As part of your Divorce, you can file a Lis Pendens with the local county circuit court land records which serves as public notice to potential buyers and lenders that the property is tied up in a legal dispute. Additionally, you should contact the real estate brokerage listing the property and the title company handling the potential sale and inform them that the property is subject to a marital dispute, that you do not consent, and that forging a signature is illegal.

What are digital assets in a divorce case?

Digital assets include any property or resource that exists in electronic form such as cryptocurrency, online businesses, intellectual property, or social media accounts. Like other property, digital assets can be classified as marital or non-marital property depending on when and how they were acquired.

In Maryland, marital property is subject to equitable division, and non-marital property is usually retained by the spouse who originally owned it.

Determining the status and value of digital assets is crucial to the fair division of marital assets in a divorce proceeding.

Can intellectual property be divided in a Maryland Divorce?

Yes. Intellectual property may be considered marital property if it was acquired during the marriage. Maryland Law allows for the division of income generated by intellectual property, such as patents, trademarks, and copyrights in a way that is equitable to both parties.

These assets can generate income for years and it is important that they are included in the property determination during your divorce. To ensure that they are valued appropriately, call our family law attorneys at (240)423-3138 or book a free consultation using the button below.

What happens to online businesses in a Maryland divorce?

Online businesses may be considered marital property in a Maryland divorce if the business was started during the marriage. Online businesses include e-commerce platforms and social media accounts that generate income.

The value of the business, the earning potential of the business, and the contributions of each party will be considered by the court when determining how to divide these assets.

Hiding Assets in A Maryland Divorce FAQs

What happens if my spouse is hiding assets?

In Maryland, hiding assets during a divorce is illegal. Both parties are required to submit sworn financial statements and a joint property statement under Maryland Rules 9-202 and 9-207. If a spouse hides assets, the court can penalize them by awarding the other party a larger portion of the marital estate, make them pay the other party’s attorneys fees, or possibly hold them in contempt at court.

If the spouse is hiding assets, this can also lead to a loss of credibility in court and the judge may view their testimony as untrustworthy, which may negatively impact their request for alimony, child custody, and property division.

How do I find assets that my spouse is hiding?

Maryland law allows for the discovery process to investigate financial discrepancies. A party may use subpoenas, request for the production of documents, interrogatories, depositions, and forensic accountants to find or trace assets. If you notice financial red flags or unexplained cash withdrawals of money transfers, you should secure financial documents and consult our family law attorneys as soon as possible by calling (240)423-3138, or by booking a free consultation using the button below.

What are signs your spouse is hiding assets?

Key financial red flags include patterns that do not match your household income or spending history such as:

  • Unexplained withdrawals;
  • Sudden transfers to unknown or third party accounts;
  • Undisclosed accounts or statements for accounts that you did not know existed;
  • Intercepted mail or financial documents sent to a new address or work;
  • And/or missing records including incomplete tax returns or missing bank statements.
What are behavioral changes to watch out for that would indicate my spouse is hiding assets?

Behavioral changes to watch for would include:

  • Changing passwords and restricting access to online banking and investment portals;
  • Removing account access or taking your name off of joint accounts;
  • Shifts in business income;
  • Delaying invoices;
  • Reducing reported profits or postponing bonuses;
  • Overpayments or excessive payments to the IRS that could result in refunds at a later time;
  • And/or lifestyle gaps or claiming low income compared with high spending.

If you suspect they are hiding assets, you may not have full access to the information you need, and contacting one of our family law attorneys right away is crucial to protecting your assets. To contact us, call (240)423-3138 or book a free consultation by clicking the button below.