Author: Cynthia H. Clark

If you live in Maryland and you wish to divorce your spouse, there are two different ways you can go about it: you can choose either fault or no fault grounds for your divorce. There used to be a 12 month waiting period in Maryland if you wanted to file for a no fault divorce, but that law was recently overturned. If your spouse is incarcerated, however, you have grounds for a fault-based divorce. If the person is already in prison serving a term of 12 months or longer, this will not be difficult to prove.

If you and your spouse are in agreement about all aspects of the divorce with regard to the custody of any minor children, the division of assets and debts and spousal support (if that applies in your case), your Annapolis divorce attorney can file the petition for divorce and then arrange to have your spouse served with the paperwork. In order to arrange to serve your incarcerated spouse, you must get his or her inmate number and use a private process server and a sheriff, who will accompany the process server to the prison and inform the inmate that he or she is being served. The process server will then complete an Affidavit of Service of Process. You will then file this affidavit with the court.

After your spouse has signed the petition, your attorney will draw up the settlement agreement, which you can deliver to your spouse to review and sign. After he or she has signed the settlement agreement, your attorney will file it with the court along with any other necessary documents and schedule a court appearance. You will appear before the judge and answer questions while you are under oath about your marriage and the divorce agreement that you and your spouse have come to. At the end of the hearing if all goes as planned, the judge will bang the gavel and grant your divorce.

What if your incarcerated spouse refuses to cooperate?

If all of that sounded too easy, you have probably guessed that divorces seldom transpire so smoothly. However, regardless of how much they contest it and how uncooperative they try to be, once you have filed the petition for divorce, your spouse cannot prevent you from obtaining a divorce even if it ends up being by default. They can stall and delay and make the process difficult, but in the end, if someone wants a divorce, the other partner cannot remain married to that person.

Your best advice whether your spouse is incarcerated or not is to hire an experienced Annapolis divorce attorney who will be an aggressive advocate for your best interests; follow their guidance and be patient with the process, and you can reach your goals.

Dealing with divorce is never easy, but working with the right divorce attorney can make the process more manageable for you. Our skilled divorce lawyers at Cynthia H. Clark & Associates, LLC will represent your interests and fight for the best outcome possible. We take the time to listen to your concerns and then we present you with legal options that fit your unique circumstances. You are welcome to contact our firm or call 410-990-0090 to reserve a consultation time in our Annapolis office.

Divorce can be a traumatic and challenging experience. Short of the death of a loved one, divorce is one of the most stressful things a person will experience. Along with the loss of such a primary relationship will come feelings of grief. Each person will deal with their grief in unique ways. Some people will withdraw while others will act out and pretend as if everything is fine until one day the grief will find a way to express itself in ways that could turn out to be destructive.

We have worked with countless couples as they separate their lives. We have seen some people handle the divorce and the aftermath well and others not so well. Grief is an inescapable human emotion that is best dealt with so that you can move on with your life and make healthy decisions.

We wanted to offer these five tips to help give you a bit of guidance as you are grieving your divorce. Sometimes in the tumult of emotion we are motivated to do reckless things or neglect other things. Take a minute and read through this list and take mental notes about what not to do when you are grieving a divorce:

1. Pretend you are ok when inside you might be falling apart.

Acknowledging the grief that you are feeling is a first step towards healing it. Keeping a “stiff upper lip” and plowing ahead with life does not give you the chance to address all of the powerful emotions associated with divorce such as, anger, betrayal, a desire for revenge, shame, disappointment and others. Find someone to talk to so that you can move on without carrying all of that unprocessed emotion into your new life and future relationships.

2. Make reckless financial decisions.

Do you ever think, “I’ll show him/her!” as you think about buying a new sports car or a speedboat? Making an extravagant purchase might give you a bit of momentary relief, but you are likely to regret it sooner than later. Grief can make people do some crazy things, so give yourself a time buffer after the divorce is settled before you make any indulgent purchases.

3. Jump into a new relationship too quickly.

You must allow yourself to heal from a broken relationship before you dive into another one. If you have children, this is vital for them because the divorce has already upended their lives. Never underestimate your need for time alone to heal and regroup and allow your children to adjust to a new normal before you embark on a new relationship.

4. Forget to make plans for your new life.

Your divorce attorney can help you to make sure that you have updated all important documents, changed the beneficiaries and updated your estate plan in light of the divorce. Do not allow sadness and depression to derail you from making decisions that will have an impact on your future.

5. Give up hope.

Just because this relationship ended in divorce does not mean that you will not find true happiness later in life. Acknowledging the grief but remaining hopeful about the days ahead will put you in a positive place as you begin your new life.

At Cynthia H. Clark & Associates, LLC, we help clients as they move through the process of ending their marriage. We invite you to contact us or call us at 410.921.2422 to schedule a consultation in our Annapolis office to discuss your case today with an experienced Maryland divorce attorney today.

When parents are unable to come to an agreement on their own about child custody arrangements, the court must make the decision for them. Child custody evaluators and child advocates help the judge make crucial decisions about parenting time or child custody. The judge must call upon his or her knowledge of Maryland law, as well as their experience and assessment of the situations at hand, and balance all of the relevant factors with what is in the best interest of the child. In some cases when custody is contested and there is a contentious dispute, the court may order a custody evaluation and assessment, which will help them come to an appropriate solution with regard to parenting time.

Child custody evaluators: neutral court representatives

If the judge decides that a custody evaluation is necessary, they will order it at the family law scheduling conference. The purpose of the scheduling conference is to discuss all issues pertaining to your matter, including temporary support and visitation, and to schedule any pre-trial events.

Child custody evaluators often have backgrounds in social work, and have knowledge of child development and mental health. They also receive special training in conducting child custody evaluations. In Anne Arundel County, the evaluator, who acts as a neutral representative of the court, does the following background work in an effort to determine what is in the best interests of the child:

• Interviews the parents together;
• Interviews the parents individually;
• Interviews the child;
• Observes how each parent interacts with the child; and
• Talks with family members, neighbors, employers, mental health providers and reviews appropriate records.

Using this information, the child custody evaluator prepares a written report, which may include a custody recommendation. They may also testify at trial.

Advocates for the child

A guardian ad litem (GAL) is a legal representative for the child during the court proceedings. A GAL has the authority given to them by the court to conduct investigations, gather evidence and make recommendations to the court based on their findings.

GALs can be attorneys with family law experience, or individuals with child advocacy training and experience. Depending on the jurisdiction, child custody evaluators and guardians ad litem are paid by the parties, but in some counties, the court will cover the cost of the custody evaluator if they order their services.

Sometimes, in the heat of the dispute, parents can lose sight of what the child needs and how to make decisions based on what the child needs as opposed to fighting for the outcome that they want. Your Maryland family law attorney will advise you on the best course of action based on your situation.

Are you a parent who is going through a divorce, and have concerns about how custody of your child is being handled? An experienced and compassionate Annapolis family law attorney at Cynthia H. Clark & Associates, P.A. is here to protect your interests, answer your questions and offer legal advice about your custody case. We invite you to call 410.921.2422, or to contact us to schedule a consultation today.

You have likely heard horror stories about how chaotic and adversarial divorce can be. After all, it is the process of ending a relationship that you intended to last forever. Divorce has the potential for bringing out the worst in people, but there is no rule that says that divorce has to be ugly, or complicated or confrontational. Even if you approach it with the intention of making it as amicable as possible, do not be surprised if things begin to head south a bit. Despite all of the drama, you can decide that you are going to be organized, remain civil, and keep the divorce process as simple as possible. If that is your goal, here are four tips for Maryland residents for simplifying your divorce:

1. Set aside the necessary time and attention to deal with the divorce.

Managing the details of the divorce is going to require your attention, but if you are efficient, it does not have to take over your life. You will need to gather financial documents and records, gather the information about your debts, your monthly expenses, pay stubs, tax returns, your health insurance and retirement benefits. Assembling all of this information will be helpful in giving you a clear picture of your marital estate and your separate property if you have any. Kudos if you already have this information gathered together in one place. Having these vital documents in order will be essential and save you time and effort when you meet with your Maryland divorce attorney.

2. Have a conversation with your spouse about the divorce.

If your relationship is in a place where it is possible, sit down with your spouse and work out a preliminary plan. Work out a division of the marital property that seems fair to both parties, discuss what each of you would like the custody arrangement to be if you have children, and whether one of you will remain in the family home or if you will sell it. If you and your spouse cannot see eye to eye, at least you will have tried, and your attorney may be able to help you determine what you really need.

3. Start to prepare yourself for your new life.

It takes time to separate the life you have built together with your soon to be ex-spouse. You might be surprised at how the little things add up. Open up a new bank account in your name. Get a credit card in your name and get copies of your credit reports. Track all of your spending and receipts for household expenses and expenditures for the children. Be up front and honest that you are doing these things, and make sure the receipts are going in a folder with your other documentation, so it does not look as though you are hiding anything. Make sure to budget for the costs of switching over the utilities (if necessary), and be aware that your credit make take longer to rebuild than you thought.

4. Find a Maryland divorce attorney right away.

Your most important move when trying to simplify your divorce is to find the right Maryland divorce attorney and start working with them right away. At Cynthia H. Clark & Associates, LLC, we take our cues from you and we tailor our strategies to fit your needs. Whether both you and your spouse share a spirit of cooperation with regard to the split, or if you are facing a complex, contested divorce, we can work with you to help make things go as smoothly as possible given the restraints of working with the other side.

Planning for divorce can be nerve-wracking and confusing. Choosing the right divorce attorney to represent you can help smooth things out a bit. Regardless of the level of complexity of your divorce, our skilled divorce lawyers at Cynthia H. Clark & Associates, P.A. will represent your interests and fight for the best outcome possible. We take the time to listen to your concerns and then we present you with legal options that fit your circumstances. If you are thinking about divorce, you are welcome to contact our firm at 410-990-0090 to reserve a consultation time in our Annapolis office.

Our team at Cynthia H. Clark & Associates, LLC has been representing parties in family law cases for a long time. The one thing we can say for sure is that while divorce law in Maryland applies the same for everyone, every divorce is unique. There are, however, a few general things that can be said about the divorce process and the effect it has on those involved. If you are new to the process, it can be very easy to feel overwhelmed. There seem to be many things that no one tells you before you end your marriage.

1. Divorce will not end the problems you have with your spouse. Divorce is not a magic wand that waves your troubles away and leaves you with a clean slate. When your divorce is final, you will no longer be married under the law – that is all. Any other unresolved personal issues you have with your spouse will remain until you address them. Divorce is just the severing of a legal contract that you shared with your spouse.
2. Divorce will bring up many unexpected emotions. Even if you initiated the divorce and you cannot wait to be “free,” be prepared to feel some degree of grief, sadness and loss. Depending on the nature of your relationship and the level of conflict, you may also feel a significant amount of anger and harbor thoughts of revenge. Just keep in mind that all of these feelings are valid and they are part of the process. It might be helpful to find someone that you trust to talk about your feelings as you move through the divorce. Talking about what you are feeling helps you to process your thoughts and emotions, and might make you less likely to act on the ones that could only cause problems later.
3. Make an effort to be present through every step in the divorce process. Yes, it will be painful, and at times it may be embarrassing, but squeezing your eyes shut and wishing for the time to pass quickly will not serve you well. Work with your attorney to prepare all of your documentation, and face those difficult decisions that you might have been putting off, because many of the choices you make now will have an impact on the rest of your life.
4. Divorce can bring valuable lessons. Maybe you are getting a divorce because you can see now that you married for the wrong reason, or maybe you thought you were truly in love with this person, but you cannot seem to hold the relationship together any longer. You can learn a lot about yourself by looking at your past decisions and how they have had an impact in your life thus far. Taking the time to observe and reflect on those lessons will make you much less likely to repeat them in the future.
5. Holidays and family celebrations will be tough. Dropping your children off to be with your ex for the holidays will never be easy, but the first time will be the hardest to deal with. The first time you encounter your former spouse at your child’s birthday party with their new paramour might make you want to turn around and go home. Believe it or not, as time goes by, these kinds of encounters will be easier to bear. You will have built a life apart from your former spouse, and you may even be able to be happy for them when you see that they have moved on as well. Having children together forever binds you with your ex to some degree. Being prepared for the initial awkwardness, and knowing that it will also pass might help you to get through the early days after your divorce.
6. Your relationships with your kids will change. You may think of your spouse as “the one who must not be named,” but to your children that person is their parent whom they love. Little comments that you might have made off-the-cuff while you were married can stir the pot now that you are divorced. Keep things as civil as possible and help your children to preserve their relationship with their other parent. Child custody battles can get ugly, but the more you can keep your child out of the fray, the better adjusted they will be to all of the upheaval the divorce is causing in their life.
7. You need time to yourself. Divorce is an arduous process, which can exhaust you physically and emotionally. Do not neglect the other relationships in your life while you are slogging it out with your spouse. Book a spa day, or gather your friends and take hike in the hills. Schedule in time for activities that will take your mind off of the conflict, give you space to recover, and find some enjoyment as you contemplate what life will be like when the divorce is final.

If you are contemplating divorce in Maryland, one of the most important decisions you will make is choosing the right divorce attorney. Regardless of the level of complexity of your divorce, our skilled divorce lawyers at Cynthia H. Clark & Associates, LLC will represent your interests and fight for the best outcome possible. We take the time to listen to your concerns and then we present you with the best legal options given the circumstances of your case. If you are thinking about divorce, you are welcome to contact our firm to reserve a consultation time in our Annapolis office.