Divorce Court – Hearings, Orders, and Events

Posted on by Horman Nichols, LLC

Written By: Trevor M. Addie-Carter

One of the most daunting parts of a divorce case is understanding the different types of hearings, orders, and events that will occur while your case proceeds through the Circuit Court.  To provide some clarity, below are some of the most common types of hearings, orders, and events in family law cases:

Hearings

  • Scheduling Conference – This is often the first hearing in a divorce case.  No evidence or testimony is presented, but rather a Family Magistrate confers with the parties and their lawyers to determine which legal issues are in dispute, what resources are needed, and to schedule dates for the various hearings.
  • Pendente Lite Hearing – The Pendente Lite Hearing is much like a miniature trial.  Often lasting only a few hours, each party has an opportunity to present evidence and testimony before the presiding Family Magistrate, who will then make a recommendation to the Circuit Court Judge on an appropriate Pendente Lite Order.
  • Settlement Conference – A Settlement Conference is a non-evidentiary conference designed to give the parties the opportunity to try and settle their case.  Unlike mediation, a Settlement Conference generally occurs at the Circuit Court and typically involves a Judge or a Magistrate.
  • Pre-Trial Conference – A Pre-Trial Conference is the last hearing before the Merits Trial.  At the Pre-Trial Conference, the parties will have one last opportunity to try and resolve their case.  The Court will also review the parties’ Pre-Trial Statements and address any final matters before the trial.
  • Merits Trial – This is the “final trial,” which can take a full day or longer.  At the merits trial, each side will present evidence, call witnesses, and provide testimony intended to make their case before a Circuit Court Judge, who will provide a final decision.

Orders

  • Scheduling Order – This is the Order that the Court passes following a scheduling conference and includes the hearing dates decided upon at the Scheduling Conference as well as various other deadlines in the case.
  • Pendente Lite Order – A Pendente Lite Order is an Order which provides for temporary custody, visitation, child support, alimony, and use and possession of the family home and family use personal property while the case is pending.
  • Order for Mediation – This is an Order directing the parties to attend Mediation, a form of Alternate Dispute Resolution where a neutral third party (the mediator) helps the parties try and resolve their case, either in part or in full, on a temporary or a long-term basis.
  • Co-Parenting Education Order – This is an Order directing parents to attend an educational program which help teach separated or divorcing parents to work together to make decisions regarding their children. 
  • Other Orders – The Court can also issue Orders for a variety of other things, including orders which appoint attorneys to represent your children, orders which appoint custody evaluators or parenting coordinators, orders for mental health evaluations, orders to compel discovery, and orders for sanctions.

Other Events

  • Discovery – Discovery is the process by which each of the parties can ask the other parties to produce documents, answer written questions under oath, attend depositions, admit or deny factual allegations, or inspect property.  The discovery process is intended to help each side gather evidence, investigate and build its case, and learn what evidence and information other parties may have.  Subpoenas may also be used.
  • Mediation – Mediation is a form of Alternative Dispute Resolution (ADR) in which the parties (and their attorneys, if applicable) meet with a neutral third party (the mediator) to try and resolve their case.  The mediator is trained in methods to help opposing parties reach a compromise, and often acts as the messenger, bringing each side’s settlement offer to the other.
  • Arbitration – In some cases, parties to a divorce may agree to arbitrate the financial aspects of their divorce.  Arbitration is another form of Alternative Dispute Resolution (ADR) where disputes are submitted to a neutral decision-maker called an “arbitrator.”  These proceedings are more informal than a court proceeding but can also be more cost effective.
  • Protective Order Cases – If you or your children should ever find yourselves the victims of domestic violence/intimate partner violence or child abuse, filing a Petition for Relief from Abuse (also called a Petition for Protective Order) is a way to initiate emergency proceedings for a Protective Order.  Protective Order cases are independent two-to-three hearing cases intended to provide civil protection and relief for victims of abuse.

If you have been served divorce papers, are contemplating filing for divorce, or need more information, give us a call at 301-663-8101.

4 Things to Know When Getting Divorced

Posted on by Horman Nichols, LLC

Written By: Trevor Addie-Carter

Divorce is complicated, both emotionally and legally.  Emotionally, the divorce process is stressful and can come with strong emotions about yourself, your partner, your marriage, and the divorce process.  Legally, there are multiple different stages and decision-makers involved, which can feel overwhelming.   Here are 4 things you should know about the divorce process.

  • You will experience strong emotions – Divorce is defined as the legal dissolution of a marriage.  Divorce cases themselves focus on the family relationship, often explore matters that you and your spouse may or may not have shared with others and will do so in front of lawyers and judges whom you may have never met before.  You will very likely experience strong emotions, and that is okay.  It is also okay to seek counseling if you feel you need help processing or managing these emotions.
  • You will need to understand your finances – In cases where child support or alimony are requested, you will need to have a firm understanding of your finances, including your income, your expenses, your assets, and your liabilities.  Even without child support or alimony, divorce means you will likely be going from a two-income household to a one-income household.  A strong understanding of your finances will help you to budget for the future.
  • Family Law cases have multiple stages – From the initial Complaint for Divorce to the final Judgment of Divorce, a Family Law case may have multiple stages and hearings.  These could include a Scheduling Conference, at which the Court reviews the initial filings and sets dates for hearings; a Pendente Lite Hearing, at which a Family Magistrate holds a hearing to make recommendations for a temporary order while the case proceeds through the system; and a Settlement Conference, where the parties discuss settlement.  You may also be ordered to attend Mediation and will likely have to request and produce discovery.
  • Family Law cases also have multiple actors – Aside from the Circuit Court Judge and Family Magistrate, there are multiple other actors that may be involved in your case.  Depending on the legal issues presented, your case may also involve Mediators, Parenting Coordinators, Custody Evaluators, mental health professionals, and attorneys who represent the parties’ children.

Divorce can easily become overwhelming, but it doesn’t have to be.  A strong support network, advanced financial planning, and a law firm with a deep understanding of family law can help.  

If you have any questions, are contemplating divorce, or have been served with divorce papers, please contact us through our website or call our office at 301.663.8101.

4 Things to Know About Child Support in Maryland

Posted on by Horman Nichols, LLC

Written By: Trevor M. Addie-Carter, Associate Attorney

Payment of child support can have a significant impact on a child’s well-being, from clothing, food, and shelter to educational-related expenses.  For parents with limited income or who must return to school to better support themselves and their children, child support payments can help ensure that the children’s needs are met, despite the parents’ situation.  A Child Support Order itself is the result of legally required financial calculations, documentary evidence, testimony, and legal argument.  Here are four things you should know about child support.

  1. Child Support Isn’t Just for Divorce – Parents do not need to be married or divorced to ask the Court to create a Child Support Order.  While child support can be, and often is, requested in connection with a divorce case, parents can also ask that child support be ordered as part of a custody case, or even as its own stand-alone case through a Complaint for Child Support.
  2. The Court Considers Multiple Financial Factors – In determining an appropriate Child Support Order, the Court is required to utilize the Maryland Child Support Guidelines found in the Maryland Code, Family Law Article.  This calculation takes into account “actual monthly income,” which includes (but is not limited to) salaries, wages, commissions, bonuses, alimony received, and expense reimbursements or in-kind payments that reduce the parent’s personal living expenses.  The Court will also review deductions for pre-existing child support obligations, alimony actually paid, work-related childcare expenses, health insurance expenses, extraordinary medical expenses, cash medical support, and additional expenses.
  3. You Can ask the Court to Modify Child Support – The Court can modify a Child Support Order upon a showing of a material change of circumstance.  A parent who believes there has been a significant change, either because of a job loss, a significant pay raise or pay cut, a change in custody arrangements, or a significant change in deductible expenses can file a Petition to Modify Child Support. 
    It is ultimately up to the parent asking for the modification to prove the change in circumstances; however, the non-moving parent can also introduce evidence and testimony and argue for the child support award they believe is in their children’s best interests.
  4. There are Multiple Ways to Enforce Child Support Orders – If a non-custodial parent who is Court-ordered to pay child support violates the Court Order, the custodial parent has a few options.  The custodial parent can file a Petition for Contempt asking that the Court hold the non-custodial parent in contempt for violating the Court’s Order.
    The custodial parent can also request the Court create an Earnings Withholding Order (sometimes called a “wage assignment” or a “child support garnishment”), which requires the non-custodial parent’s employer to make direct payments to the custodial parent out of the non-custodial parent’s paychecks. 
    The custodial parent can additionally seek assistance from their county’s Child Support Enforcement Agency—in some counties, this is the Department of Social Services or the State’s Attorney’s Office, whereas other counties have their own Child Support Enforcement Offices.

Child support determinations, modifications, and enforcement are a discrete area of law.  The calculations for determining an appropriate child support award can require the collection and analysis of complex financial documents.  Non-payment can impact your wages and your driver’s license.  

If you have questions or have been served with court papers relating to child support, Horman Nichols is prepared to help. Please contact us through our website or call 301.663.8101.