Frequently Asked Questions

Family Law and Personal Injury Information Provided by the Law Office of Silverman & Cook, L.L.C.

Does Maryland require a waiting period for a divorce?

Unless the divorce is based on cruelty or adultery, divorcing parties must have been separated for one year in order to obtain a divorce. The divorcing parties should, however, file for a divorce right away as it may take most of that time to obtain a court date. If you have separated from your spouse, it is recommended that you contact a Howard County divorce attorney at our firm as soon as possible.

Does Maryland have a "no-fault" divorce?

Two kinds of "no-fault" divorce exist under Maryland law. First, either party in a marriage can obtain an absolute divorce after one year of voluntary and mutual separation with no expectation of reconciliation.  Both parties must agree to separate and do so without any coercion with the intent to end the marriage. Second, either spouse can obtain an absolute divorce after two years of separation for any reason whatsoever.

What is a legal separation?

A legal separation usually refers to a contract that the separating parties sign called a separation agreement. This agreement settles such issues as marital property rights, spousal support issues, and other issues connected with the separation but the parties are not yet divorced and will need to obtain one.

During separation, can I get child support from my spouse?

If you have custody of minor children, you may request child support through the court. However, both parents will have to contribute to the support of the children. Child support guidelines have a mandated method of calculation which determines how much is to be paid by a parent.

I was injured in an accident. How do I know if I have a case?

If you have been injured in an accident which you believe is another party's fault, then you may have a personal injury case. The other party must have been guilty of negligence or intentional harm towards you. The other party may be a person, company, or their property or pet. As with any case, you would need to consult a Howard County personal injury attorney at our firm for a full determination about your potential case.