Frequently Asked Questions

Q. How much will this cost?

A. Family law specialists do not work on flat fee, or contingency arrangements. No lawyer can give you a guaranteed cost in the first meeting. If one promises to do so, run and don’t look back. The total cost will depend upon the issues involved and the degree of acrimony. A settlement will cost significantly less than a trial. We will promise to make all efforts to resolve your case as expeditiously as possible

Q. My spouse has been living in the basement for a year. We’re separated, right?

A. Until recently, absolutely not. However, in the case of Ricketts v. Ricketts, the Maryland Court of Appeals opened the door for separations within the same dwelling under very narrow circumstances. In general, separated still means living under separate roofs, in separate dwellings. Living in different rooms of the same house is not Separation.

Q. Do fathers even have a chance to win custody?

A. Absolutely, they have the same chances as mothers. The statutes regarding custody are gender neutral, with the “tender years doctrine” having been abolished in Maryland long ago. Which parent is awarded custody, or whether custody is shared, is a question of fact based upon what the court finds to be in the best interests of the child.

Q. Is there anything I can do to put myself in a better position to win custody?

A. Yes. Be a loving, involved hands-on parent. The following is a list of things you could or should be doing for your children. You can’t be expected to do all of these things all of the time, but a track record of being there for your child will help you obtain custody:

  • getting them ready for school or day care in the morning,
  • getting up in the middle of the night when they are sick,
  • staying home with them when they are sick,
  • taking them to the doctor or dentist,
  • shopping for their clothing,
  • doing their laundry,
  • preparing their meals,
  • taking them to and from school or daycare,
  • driving them to sports events,
  • being a sports coach for their teams,
  • participating in scouting or other clubs they have joined,
  • taking them to their friends' birthday parties,
  • preparing birthday parties for the children,
  • going to their concerts or recitals, etc.

Q. Can I get a divorce just because we both want one, because we have “irreconcilable differences"?

A. In most states you can, but not in Maryland. Maryland is one of the few states requiring a “ground.” The grounds are specific causes for divorce, most of which require a physical separation of at least one year. If you and your spouse have been physically separated for over two years, you can get a divorce, as a two year continuous and uninterrupted separation is a ground.

Q. Does my spouse get half of my retirement, no matter what?

A. Not necessarily. Depending on when you began to receive benefits, some of your retirement may be non-marital. Additionally, while retirement interests are treated differently than other assets in some ways, they are still largely marital assets. If maintaining your retirement is a priority, it is possible to negotiate an arrangement where you “trade” interest in another asset to largely retain your retirement.

Q. We agree on everything, so can you represent both of us?

A. No, to represent both spouses is a violation of the rules of ethical conduct. Even if everything is agreed, a lawyer can only act as advocate for one spouse.

Q. Does Mr. Lewis only handle family law matters?

A. No, not at all. Mr. Lewis' 24 years as a litigator, negotiator and counselor have given him the experience and judgment to handle virtually any legal matter. Mr. Lewis has experience in helping clients draft creative plans to dispose of their estates.

Q. Does Mr. Lewis practice outside of Maryland?

A. Mr. Lewis is an active member in good standing of the Florida Bar as well as the Maryland Bar. Although his primary office is in Montgomery County he has in recent years handled family law and commercial civil matters in Palm Beach County, Florida.

Q. Pre-marital agreements are only for people with very large differences in wealth.

A. Not true. An agreement is highly recommended for a second marriage where either or both of you have a child or pre-marital assets. Obviously, the hope is that an agreement is a mere safety net that you never need to look at again after is is signed. However, a pre-marital agreement is a good way to address issues while both parties have a chance to talk and think things through before any acrimony arises.

Q. If Mr. Lewis is a sole practitioner, will my questions be answered if he is in a trial, or busy with another client?

A. Mr. Lewis employs an experienced, capable legal assistant, Leslie Bassich. Although she cannot give legal advice, Leslie can often get to Mr. Lewis with quick questions, when he calls in during breaks in court cases. Leslie is very reliable in coordinating and assuring that messages go to and from Mr. Lewis efficiently.