Maryland family law cases are often deeply personal and emotionally challenging. Yet, they involve legal jargon and situations that are unfamiliar and intimidating to many. Understanding what is going on in your family law case often begins with learning key terms you will hear and knowing what to expect in court.
At Apol Law, LLC, we help Maryland families navigate family law matters and help them understand what is happening at each step. Our Annapolis-based firm focuses on family law and estate planning, guiding clients through family transitions with dignity and understanding.
Key Legal Terms in Maryland Family Court
Maryland Circuit Courts, the state’s primary trial courts, handle family law cases. The terminology used in the Maryland family court can be unfamiliar or even intimidating. Below are common terms you may see during a family law case.
People Involved in Family Court
People with roles in the family court may include:
- Judge. The official who oversees the case, rules on motions, and issues final orders.
- Family Magistrate. A court official who assists the judge by handling certain hearings and making recommendations.
- Mediator. A neutral third party in mediation who helps the participants reach agreements.
- Clerk or Bailiff. Court staff who manage scheduling, case records, and courtroom procedures.
- Custody Evaluator. A mental health professional or social worker appointed by the court to investigate and report on custody arrangements that serve the child’s best interests.
- Senior Judge. A retired judge who continues to hear cases, often presiding over post-judgment settlement conferences.
Each of these individuals helps guide the case toward resolution and ensures the process follows Maryland’s court rules.
Documents and Filings
Common terms related to filings you or your attorney may submit include:
- Complaint. The written document that starts a case, telling the court what you are asking for and the legal basis for your request.
- Answer. A formal written response to a complaint, agreeing or disagreeing with its claims.
- Motion. A written request asking the court to make a specific ruling before or during the case.
- Affidavit. A written statement you sign and swear to under oath.
These filings allow each side to present information and ask the court for specific actions.
Custody and Parenting Terms
Custody defines who cares for a child and who makes major decisions about their life. The following terms describe how Maryland courts divide those responsibilities.
- Physical Custody. This determines where the child lives and who provides day-to-day care. Parents may or may not share physical custody.
- Legal Custody. This refers to the right to make decisions about the child’s education, healthcare, and overall welfare. Even parents who do not share physical custody often share legal custody.
- Visitation (Access). This defines the time a non-custodial parent (a parent without custody) spends with the child under a court-approved schedule.
- Parenting Plan. This written agreement outlines how parents share decision-making, time, and responsibilities for their child.
These terms form the foundation of most custody and parenting cases.
Court Rulings
Cases move through the legal system through specific procedures, designed to arrive at court rulings. The judge or magistrate may issue various opinions and documents, such as:
- Rulings—the judge’s immediate decision on a specific issue, which may be issued orally in court or in writing;
- Court Order—a written decision that both parties must follow;
- Recommendation—a finding or proposed decision made by a Family Magistrate after a hearing; and
- Exception—a formal written objection to a magistrate’s recommendation.
Common court orders include:
- Custody Order—sets the rights and responsibilities of each parent regarding the care of their child;
- Show Cause Order—directs a party to appear in court and explain why they should not be held in contempt or face another court action; and
- Scheduling Order—sets deadlines for discovery, mediation, evaluations, and future hearings.
Some counties organize family law cases into case management tracks to manage scheduling and workload.
Types of Family Law Hearings in Maryland
Family law cases in Maryland can involve several types of hearings and conferences. Hearings can be evidentiary or non-evidentiary. At evidentiary hearings, the parties offer evidence, typically testimony and documentation. At non-evidentiary hearings, the parties do not offer evidence. Conferences work like less formal non-evidentiary hearings.
1. Early Case Management
At the start of a case, the process may involve:
- Scheduling Conference. This conference is the first meeting with the court, where the parties and the judge set deadlines and identify issues. The judge may order mediation or custody evaluations.
- Status Conference. At this conference, the court ensures both sides have followed earlier orders and are ready for the next step.
- Settlement/Status Hearing. The hearing reviews evaluation reports and discusses possible agreements before the trial.
- Settlement/Pretrial Conference. This meeting occurs close to the trial to confirm readiness, estimate the trial’s length, and give the parties another chance to settle.
A status conference in family court is a key meeting with the court to review case progress. It may lead the court to schedule additional hearings.
2. Temporary and Interim Hearings
Some family matters require immediate, temporary decisions. These are often called pendente lite hearings (Latin for “pending the litigation”). During a pendente lite hearing in Maryland, the court may issue short-term orders for custody, support, or who lives in the family home during the case.
3. Resolution and Trial
As the case nears resolution, you may attend a:
- Custody Merits Trial—an evidentiary hearing focused on physical and legal custody;
- Merit Trial (or Merits Hearing)—an evidentiary hearing in a contested case; or
- Uncontested Divorce Hearing—when both parties agree on all terms, the judge reviews their agreement and finalizes the divorce.
These proceedings conclude the case and result in final court orders.
4. Post-Judgment Hearings
After a final order, the parties may return to court for:
- Modification Hearing—a request for changes to an existing order due to a change in circumstances;
- Contempt Hearing—a proceeding to determine whether someone violated a court order, and whether the violation was willful; or
- Post-Judgment Settlement Conference—a meeting with a senior judge to resolve ongoing or recurring issues without additional litigation.
These hearings allow parties to adapt to changes in family circumstances.
How a Maryland Family Law Attorney Can Help
A knowledgeable attorney can help you understand legal terminology, meet deadlines, and present your strongest case in court. At Apol Law, LLC, we believe informed clients make empowered decisions. We approach every case with a tailored strategy, helping you navigate the Maryland family court process with confidence.
Contact Apol Law, LLC, today to learn how we can help you move forward.