Clarksville Family Law Attorney

Clarksville Family Law Lawyer

Family law is one of the most important practice areas in law. It encompasses many of the things in our lives that we hold close—our children, spouses, homes, and finances. When the law must get involved, it’s oftentimes difficult for families. If you’re facing legal issues such as a divorce, a child custody issue, or another sensitive area of family law, you don’t have to go through it alone. In fact, you shouldn’t. Having a reputable and qualified Clarksville family lawyer can improve the outcome of your case significantly.

The Law Offices of Todd K. Mohink, PA, is committed to approaching cases in a positive manner, protecting our clients’ interests and rights all the while. We understand that, in many cases involving family disputes, emotions run high. Our firm strives to assist our clients in making the right decisions for their families’ future. We have successfully represented thousands of clients and received positive feedback from our cases, and we can help you too. Whether your case involves divorce, protective orders, a prenuptial agreement, same-sex marriage, or another area of family law, our experienced legal team is prepared to provide you with the legal advice and representation you need for your unique situation pertaining to family law in Clarksville, Maryland.

What Is Family Law?

Family law encompasses a wide range of legal topics. Some families seek the assistance of a family attorney to help them draft a prenuptial agreement before getting married or a postnuptial agreement after they marry. While these are typically amicable requests, family law is often a stressful and emotional area of the legal system that works to optimize the outcome of bad situations for families. The list of issues and disputes that fall under family law is seemingly growing indefinitely. Some of the more common areas of family law include:

• Adoption
• Child custody orders and custody order modifications
• Child protective services
• Child support
• Paternity
• Prenuptial and post-nuptial agreements
• Premarital and domestic partnership agreements
• Separation agreements
• Divorce
• Enforcement of court orders
• Protective order violations
• Same-sex family law
• Military divorce
• High-asset divorce
• Child relocation
• Retirement account division
• Property division
• Spousal support modifications

If you’re facing any of the areas above, and are thinking of representing yourself or trying to navigate the Maryland court system by yourself, you might regret that decision. Not many people regret hiring an attorney, however. It is especially important in cases that involve client rights, such as parental rights. Maryland awards custody to mothers and fathers and isn’t biased against one parent over another. However, depending on the other parent or the other parent’s lawyer, you may be facing a tough fight. To protect your parental rights to have parenting time with your child, and a parenting schedule or shared custody agreement, you need a family law attorney. The outcome for parents who have an attorney to represent them in their family law case is generally much better than the outcome for individuals who don’t come to court with proper legal representation.

What Is Family Mediation?

In Maryland, family mediation is preferred by family court over a judge hearing a case when possible. It saves the state money and resources while giving the parties a chance to work out their differences on their own. This is often beneficial to the long-term relationship and well-being of the parties, and when children are involved, it can be advantageous to the whole family when arguments can be mediated rather than heard in court.

This method of coming to an agreement is preferred because having a judge determine your and your family’s and children’s fate is not the most sensible way to handle things. While a judge can be fair and subjective, and make an educated decision based on the facts presented about a situation, that judge is still a stranger who doesn’t know you or your family. Having a judge make the final call may end up being the only option you have if you cannot work out your issues beforehand in mediation. However, Maryland family court wants families to try to work things out themselves first.

Family mediation is guided by a subjective mediator who has no vested interest in either party. The mediator is there to help both sides explore their options and compare the potential positive benefits or negative consequences of each option available. They can answer questions and guide the meeting, but they cannot make any decisions for you. They also cannot sway either side to make a decision or force anyone into agreeing to something they don’t want to agree to.

You may opt to have an attorney present at your family mediation who can draft your agreement if you come to one. Once it is signed by both parties, it can be submitted to the court and signed by the judge. At that point, your case will likely be closed, and you can carry on with your life.

How Can a Family Attorney Help My Family Law Case?

A family law attorney can be a very helpful resource in most family law court cases. A well-educated family lawyer knows the laws regarding issues that are commonly disputed in Clarksville family court. For example, a family law attorney can explain state property division laws and how they apply to your divorce case. Also, in child custody cases that require a judge to rule over the final decision, having professional legal representation who is familiar with state laws regarding custody cases can have a significant positive effect on your case.

Experienced attorneys know how to navigate family court proceedings. A family attorney can work through the legal aspects of your case, saving you time and effort and minimizing stress. When you have legal counsel guiding you, your case can potentially progress quickly and end with a more favorable outcome, allowing you to get on with your life faster.

In many cases, whether it be a divorce case, a child relocation case, a court order modification case, or another type of family law case, having a Clarksville family lawyer guide you through family court proceedings gives the opposing parties a chance to negotiate and compromise via their attorneys. When parties can come to an agreement outside of court without having to go before a judge, there are better relations, fewer legal fees, and a lot of time saved. Additionally, it is especially essential to have legal representation if your spouse does. If children are involved, a family lawyer can help you achieve an outcome that is beneficial for your child and the family as a whole.

FAQs About Clarksville, MD Family Law

How Much Does a Family Lawyer Cost in Maryland?

The rate of a family attorney in Maryland can vary anywhere between $200 and $500 per hour. The more involved a case is, the more time it will take and the more costly it will be. Some lawyers do uncontested divorces and charge a flat fee because these cases have a lighter workload than contested divorces.

​What Do Judges Look for in Child Custody Cases in Maryland?

When determining child custody, there could be any number of things considered by a judge that pertains to the interest of the child. However, the focus is typically on factors like:

• Who the primary caregiver is
• The preference of the child
• Whether the primary residence for the child will be close to other family members

The age, gender, and mental well-being of the child may also be considered.

Is There a Separation Period Required Before Divorce in Maryland?

A 12-month separation is required for all no-fault divorce cases in Maryland; thus, you must live separately for one year. This is the only way to get an absolute divorce in Maryland, unless it is a fault divorce. If so, there are three grounds for a limited divorce, including:

• Separation
• Desertion
• Cruel or excessively vicious behavior

For an absolute divorce without separation, grounds include adultery, separation, or the insanity of one of the parties.

​Is Maryland a 50/50 Marital Property State?

Maryland is an equitable distribution state, which means assets are not automatically split 50/50. Instead, the court aims to divide property in an equitable manner. Maryland family courts also maintain the right to give one spouse exclusive permission to live in the family home for as many as three years following a divorce. Additionally, there are other provisions that may also be made under certain circumstances that allow one party to exclusively use certain property, such as the family car or household furniture.

What Are the Residency Requirements for Divorce in Maryland?

By state law, if the grounds for divorce occurred in the state itself, then divorces in Maryland have no residency requirement other than to be currently living in Maryland at the time of the divorce. However, if grounds for the divorce occurred outside of Maryland, one of the spouses must live in Maryland for at least six months before divorce is allowed.

Speak With a Qualified Clarksville Family Lawyer

The Law Offices of Todd K. Mohink, PA, has 25 years of experience to offer. Whether you need an experienced trial attorney or a skilled mediator, we are prepared to help you with your family law case. Contact the Law Offices of Todd K. Mohink, PA, today and get the legal assistance you need to protect your rights and your family’s legal interests.