Maryland Divorce Lawyer - Cynthia H. Clark

Maryland Strengthened Stalking and Domestic Violence Laws to Better Protect Victims

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Maryland has passed two new bills that will strengthen existing laws regarding peace orders and stalking.

The first bill, House Bill 155/Senate Bill 278: Criminal Law – Stalking and Harassment, would prohibit a person from engaging in a malicious course of conduct where the person intends to cause, knows or reasonably should have known that the conduct would cause serious emotional distress to another. This new law changes the definition of stalking, harassment and the misuse of electronic communication. It removes the need to prove malicious intent and expands the definition to include cases where the defendant’s intentional acts cause the plaintiff serious emotional distress.

According to federal law, stalking occurs when an abuser acts in such a way as to intentionally create fear of harm or death for the victim. 18 U.S. Code § 2261A Stalking is a way in which abusers can exert power over their victims, terrorize them and cause them significant emotional distress without ever laying a finger on them. The National Coalition Against Domestic Violence reports that a 2011 survey found that 5.1 million women and 2.4 million men have been victims of stalking in their lifetime. Stalking can be an indicator of other forms of violence. About 81 percent of women who were stalked by a current or former husband or cohabitating partner were also physically or sexually assaulted. Stalking victims suffer higher rates of depression, anxiety, insomnia and social dysfunction than others in the general population; 37 percent of stalking victims suffer from post-traumatic stress disorder; and, one in four stalking victims contemplate suicide.

These changes to Maryland stalking laws would punish those who engage in systematic, psychological torture against their victims, create a more substantial deterrent than the laws currently in place provide, and protect potential victims of these terrifying crimes.

Expanding Peace Orders to include the tools of modern technology

The second bill is House Bill 314: Peace Orders – Grounds for Relief. Changes to the law with regard to those grounds a person would require in order to obtain peace orders against another person including the addition of the following: misuse of telephone facilities and equipment, misuse of electronic communication or interactive computer service, revenge porn, and visual surveillance to the list of offenses alleged to have been committed by a respondent against a victim for which a peace order request or a peace order petition may be filed under specified circumstances.

While stalking most often involves the perpetrator physically following and spying on their victim, stalking can also take place electronically. The changes to the law update the current law to include all of the tools now available to harass victims electronically. Therefore, if an abuser has been harassing their victim by sending unwanted or threatening text messages, telephone calls or voicemail messages, emails, and engaging in revenge porn, these behaviors are now included in the law. Now victims can achieve a sense of safety from these behaviors by obtaining a peace order.

If you are going through a divorce or dealing with another family law issue, and you do not feel safe in the same house with a family member or partner who is hurting you or your child, we can help you seek protection. Please contact Cynthia H. Clark & Associates, LLC, right away to meet with us in our Annapolis office. If you do not live in Annapolis but are still living in fear, please call us to find out how we can help.

Child Support

In Maryland, When Does Your Child Support Obligation End?

According to Maryland law, a parent’s child support obligation ends at age 18 if the child has graduated from high school, or age 19 if the child is still enrolled in high school. Parents are not obligated by law to pay for post-secondary education costs unless both parents have agreed to do so in a marital settlement agreement.

If your child has recently celebrated their 18th birthday and you would like to terminate your child support payments, you should consult with a Maryland family law attorney who can help you with this process. If you have signed a marital settlement agreement at the time of your divorce, you want to make sure that you are clear on the terms.

If you are paying child support for more than one child, and one of the children turns 18 and graduates from high school, then your obligation to pay support for the older child will end, but you will continue to owe support for the younger children. Your Maryland family law attorney can also help you prepare a petition to request that the court establish a new payment amount now that one of the children is on their own.

If your child leaves home and joins the military before they turn 18, if they get married, or simply move out on their own, then you may no longer be obligated to support them financially. You would be required to petition the court to end your child support payments because the child has become emancipated.

Special circumstances

There are circumstances under which a parent might still be obligated to support their child beyond the age of 19. If the child suffers from physical or mental disabilities and is unable to support themselves, your obligation to support them financially may continue on for the remainder of the child’s life.

The family law attorneys at Cynthia H. Clark & Associates, P.A., have more than 30 years of combined experience representing countless families like yours resolve their child support challenges throughout Maryland. Please contact us to reserve a consultation today at our Annapolis-based office.

Divorce

Proposed Bill Would End the Need for a Divorce Court Witness in Maryland

Under Maryland law, couples must live apart from one another for 12 months before they can obtain an uncontested divorce. The spouses may be required to testify in court that they have not spent the night together for 12 consecutive months. They are also required to have a witness who will corroborate their testimony in court.

Maryland Delegate Kathleen Dumais sees this requirement as archaic, and has introduced legislation, House Bill 274, which would repeal a provision that prohibits a court from granting a decree of divorce on the uncorroborated testimony of those seeking a divorce. If this law passes, a couple will no longer be required to provide a witness who will testify that they have not had sexual relations in the past 12 months. The bill would also repeal a provision specifying that in a suit for absolute divorce on the grounds of voluntary separation, the separation agreement is corroborated by the plaintiff’s testimony.

In a story in the Baltimore Sun, Delegate Dumais, who is also a family law attorney, calls the process of requiring this witness a charade. So far, the bill has drawn support from other family law attorneys during a hearing in the House of Delegates. Dumais said that the witness requirement is designed to prevent people from evading that 12-month separation rule, which was eased last year for couples who do not have children – but even in those cases, some courts insist on a corroborating witness.

The story in the Sun reports that there are some lawmakers who are apprehensive about changing the law. A Republican delegate was concerned that removing the witness requirement would make it easier for one party to scam the other. Other lawmakers expressed concern that changing the law would only serve to make it far too easy to obtain an uncontested divorce.

Whether the bill passes and gets signed into law remains to be seen. This bill is further evidence of how the law evolves and changes alongside the culture and the values of the people of Maryland. If you are considering divorce, it is vital that you have a skilled, experienced Maryland divorce attorney on your side who knows the law, and who will fight for your interests.

When you work with an experienced Maryland divorce attorney from the family law firm of Cynthia H. Clark & Associates, P.A., you reap the benefit of their more than 30 years of combined legal experience working on your behalf. Please contact us to reserve a consultation to discuss your case in our Annapolis office today.

Divorce

Why the “DIY Divorce” is Never a Good Idea

It is never a wise decision to attempt to resolve your own divorce. Regardless of how much you believe that you and your spouse are on the same page about your uncontested divorce, it often turns out that you may disagree on quite a number of important issues. One may seek a divorce without the assistance of any attorney but it is not advisable.

There are website from which one can purchase boilerplate documents. These sites make it seem as if there is nothing to divorce other than filling out a few forms and filing them. You could pay your fees, download the documents and then you would be on your own to figure out what to do next. These sites also have forms related to financial disclosure, child support and alimony. The forms are simply waiting to be filled out; however, they do not contain the answers you need. They will not offer you the support or the benefit of years of experience gained from helping countless other couples dissolve their marriage. There is no way to ensure if the paperwork you have purchased comports with current Maryland divorce law, which changes all of the time. How will you know if there are items missing from your paperwork that could potentially put your financial future in jeopardy?

Making child custody decisions

Do you and your spouse have children? Deciding who will get primary residential custody of the child, and the amount of child support to be paid, are important decisions, and one of the more challenging aspects of most divorces. Who will be responsible for the child’s health and dental insurance? Which parent will make decisions about where your child will go to school? If you have never drafted a parenting plan – which details a visitation schedule, as well as other details pertaining to the child’s education, health, and extracurricular activities – you may not realize just how many more decisions you have to make.

Grounds for divorce in Maryland

In Maryland, you must have grounds (legal reason) for the divorce. There are fault-based grounds such as adultery, desertion, cruelty to spouse or child, conviction of a felony or insanity. Recent changes in Maryland divorce law now allows couples without children to bypass the former 12-month separation requirement to obtain a no-fault divorce if they have executed a separation agreement. A skilled divorce lawyer can help you find the best resolution.

Has your spouse hired an attorney?

Representing yourself when your spouse has hired an attorney puts you at a distinct disadvantage. Without a thorough knowledge of Maryland divorce law, or keen negotiating skills, you will not be able to obtain as fair an outcome as you would if you had your own representation during the divorce. In truth, most judges in Maryland’s family law courts will urge you to seek representation, especially if your spouse has a lawyer.

How will you handle the issue of alimony?

The purpose of alimony is to enable a spouse to become self-supporting. Temporary/rehabilitative or permanent/indefinite alimony may be awarded. There are numerous factors used to determine if alimony is appropriate, who will pay it and for how long. Without the support of an experienced, Maryland divorce attorney, you will be unaware as to what is available, and how any agreement reached regarding alimony will impact your future finances.

Property division

When you divorce, the property accumulated during your marriage will be divided equitably. Without knowing how to determine what is marital and non/marital property, you may be unable to determine who keeps the primary residence and all of the other assets that you have accumulated during your marriage. Even with the services of a lawyer, the asset division process can be fraught with conflict. Navigating this process on your own leaves you vulnerable because of your lack of knowledge about Maryland divorce process and what is available to you.

The best way to avoid the disasters that could take place with a DIY divorce is to hire an experienced, Maryland divorce attorney from the law firm of Cynthia H. Clark & Associates, P.A. You will enjoy the benefit of a supportive legal team that will protect your interests and make sure that you get the best settlement possible. In your attempt to save money by doing it yourself, you may end up making unfortunate choices that will have a negative impact on your future. Contact us today to schedule a consultation to discuss your case in our Annapolis office today.

Divorce

In Maryland, Can a Child Choose Which Parent to Live With After a Divorce?

Child custody is often characterized as a tug-of-war between two parents with a child in the middle. Each party tries to strategize and present themselves in the best light so that they achieve the outcome they desire. Although the best interest of the child is supposed to be the standard that governs child custody negotiations, the battle between the parents can sometimes be about fulfilling their own needs rather than making a choice that is best for the child.

Even after the parents have prepared their custody agreement, the judge will review it to ensure that the child’s best interests have been considered. There are several factors that must be taken into consideration when deciding child custody. Of course, there is a world of difference between a child expressing their preference and actually choosing which parent they prefer to live with. A judge may listen to what a child who is eight or nine years old and older has to say, and that judge can take it under advisement as they consider all of the other factors in deciding custody. The judge may choose to interview the child away from the presence of the parents. This session can be recorded or transcribed so that the parents can listen to it or read the transcript later.

A child can express his or her wishes about which parent to live with, but the judge will make the ultimate determination.

Changing the custody agreement

Once the child reaches the age of 16, if he or she is not happy with the current custody arrangement, the child can petition the court to request a change. Children must be able to prove that the change in custody that they are requesting truly is in their best interest. The judge will ultimately render a ruling that they believe would be the best arrangement for the child.

Custody decisions are modifiable. If a child feels the custody arrangement is not in their best interest, the court will listen to their request, and render a decision. Your Maryland child custody attorney from the law firm of Cynthia H. Clark & Associates, LLC can advise you about child custody modifications and any other issues pertaining to divorce.

Child custody is often a contentious issue, but the family law attorneys at Cynthia H. Clark & Associates, LLC have more than 30 years of combined experience representing countless families just like yours throughout Maryland. You are welcome to contact us to reserve a consultation today at our Annapolis-based office.

Divorce

Putting Your Children First: the Lowdown on Child-Centered Divorce

When parents divorce, there is the potential for high emotion, conflict and confusion as they work through the painful process of dividing households. Amidst the fights about who gets the beach house, and who gets that painting in the foyer, and whether or not there should be alimony, the kids are waiting for their parents to recognize how much all of the drama is upsetting the order in their lives. Both parents love their children, but they are often so busy fighting with one another that their children often end up simply going along for the ride in their parents’ crazy divorce.

There is another way that parents can avoid having their children become casualties of their dysfunctional divorce. There is an approach called Child-Centered Divorce which seeks to put the welfare of the children first in the divorce process. Roslind Sedacca, CCT, is the author of How Do I Tell the Kids about the Divorce? A Create-a-Storybook Guide to Preparing Your Children – with Love! and founder of the Child Centered Divorce Network. She is a divorce and parenting mentor who guides parents through the dissolution process and toward developing successful co-parenting relationships with their former spouses. Sedacca says, “I believe that it is not divorce itself that negatively affects our children. It is the parent’s approach to divorce that determines whether their children will be angry, insecure, frightened or in other ways emotionally scarred from the divorce experience.” Sedacca encourages divorcing parents to keep their children’s needs in mind and to do whatever they can to prevent unnecessary difficulty for them while they sort through the issues in their divorce.

The American Academy of Matrimonial Lawyers (AAML) also released a guidebook on child centered divorce in September 2014 called, AAML Child Centered Residential Guidelines, which offers divorcing parents a framework for focusing on the needs of the children during divorce and then later in the co-parenting relationship.

Child centered divorce is about creating parenting and visitation schedules that work for their children and their family, how to make the most of the time that the child spends with each parent and how to thoughtfully manage the transitions between the two households. Taking a moment to take your child’s needs under advisement before making any big decisions would be a priceless gift for them.

At Cynthia H. Clark & Associates, LLC, we help to guide our clients through the divorce process, and we help our clients make sure that their children’s needs are taken into consideration. Our knowledgeable divorce attorneys offer skilled, compassionate legal support for people throughout Maryland, during a challenging time for your family. Please contact us to reserve a consultation at our Annapolis office location to discuss your case.

Domestic Violence

Domestic Violence Protective Orders in Maryland Divorce

Disputes between divorcing partners can get out of hand; sometimes, the reason for the divorce is to escape an abusive spouse. Either way, in Maryland, those who are being abused by their spouse or another member of their household can obtain a domestic violence protective order from the District Court or the Circuit Court in their county.

For the purpose of obtaining a protective order, domestic abuse is considered to be:

A violent act that causes serious bodily harm;
Threats of harm that cause a person to fear imminent serious bodily harm;
Assault;
Rape or attempted rape, sexual assault;
False imprisonment;
Mental injury to a minor child; or

The civil court system in Maryland offers two options when you are looking for protection from someone who has been harming you – a protective order or a peace order.

Protective orders are issued in cases of domestic violence when your abuser is related to you or lives in your household. The alleged abuser would be:

Your current or former spouse;
A current or former intimate partner for at least 90 days in the past year;
Related to you by blood, adoption or marriage;
Your child or your parent, step-child or step-parent, and you have lived with them for at least 90 days in the past year;
Someone who has been a caretaker for you or you have been a caretaker for them;
Someone with whom you have a child together; and
Someone with whom you have had a sexual relationship within one year of filing the petition.

What will a protective order accomplish for me?

If you are awarded a protective order, the following relief is possible:

The alleged abuser is ordered to cease contact with you completely;
The alleged abuser is ordered to stay away from you, your home, your work, school, your child’s school and possibly your family members’ homes;
The abuser is ordered to leave the home that you shared;
Temporary custody of the children that you have with the abuser can be awarded to you;
Emergency family maintenance to support yourself and your children can be awarded;
Temporary use and possession of jointly owned vehicles can be awarded;
The alleged abuser can be ordered into counseling; and
Temporary possession of a family pet can be awarded.

A peace order gives you legal protection from someone who is not a member of your household. A peace order can be sought if the following acts are being committed against you:

An act that causes serious bodily harm;
An act that places you in fear of imminent serious bodily harm;
Assault;
Rape or sexual offense;
False imprisonment;
Harassment;
Stalking;
Trespass; or
Malicious destruction of property.

A peace order, if awarded, can be in effect for a period of six months. The nature of your relationship with the person who has been abusing you is not an issue with a peace order. The following relief is available if a peace order is awarded:

The alleged abuser is ordered to refrain from committing the acts listed hereinabove against you;
The alleged abuser is ordered to refrain from contacting, attempting to contact or harassing you;
The alleged abuser is ordered not to enter your home;
The alleged abuser is ordered to stay away from your work, school or temporary residence; and
The alleged abuser can be ordered to participate in counseling.

Your Maryland divorce attorney can help you file the paperwork for a protective or peace order so that you and your children can feel safe in your own home. An interim order is awarded if you appear before a commissioner, and a temporary hearing will be scheduled usually within 24-48 hours. A temporary order will be awarded if you first appear before a judge, and if successful, a final hearing will be scheduled for the following week. A final protective order can remain in effect for up to a year, and the order can be made permanent under certain conditions. You can also go to court at some date in the future if you desire to have the protective order lifted. A peace order can remain in effect for up to six months.

Cynthia H. Clark & Associates, LLC is an Annapolis-based family law firm serving clients throughout the state of Maryland. If you are considering a divorce and you need protection from an abusive spouse or family member, we can help. Please contact our firm to reserve a consultation time to discuss your case.

Divorce

What is Dissipation of Marital Assets in Maryland?

Divorce can sometimes be a fractious, conflict-laden ordeal that causes people to do crazy things. In an effort to seek revenge on the other party, people are often willing to make poor choices that can have difficult consequences. The dissipation of assets occurs when one spouse spends a significant amount of marital money for a purpose that does not support the marriage when it is clear that the marriage is coming to an end.

However, when a couple is married, their salaries and other forms of income can be considered marital property. The intention behind dissipation of marital assets is usually to diminish the amount of funds available during the property division process in the divorce.

Some examples of dissipation of assets might include:

One spouse decides to take an expensive vacation and invites all of his or her friends, and then pays the way for those guests – including things like meals, drinks, special excursions and souvenirs; or,
One spouse decides now is the time to take that trip around the world by him or herself, even though that trip costs $50,000.
One spouse starts making big-ticket purchases – cars, vacations furniture – for a “friend.”
One spouse “gives” a considerable sum of the couple’s money to his or her sister or brother.
Money is suddenly missing from accounts, with no explanation as to what happened.

How the courts might react

The court requires both parties to submit financial disclosures as part of the divorce filings. If the court finds that one of the parties has dissipated marital assets, is hiding assets, or had intended to defraud his or her spouse in the taking of the marital funds, that person may end up receiving a smaller share of the assets in the divorce when the amount that was dissipated gets factored in. In a case when a wife accuses her husband of dissipating marital assets, the wife must be able to show how the husband spent the funds for personal gain.

In Maryland, the court uses the equitable distribution model to divide marital assets in divorce. While the court makes every effort to divide the assets fairly between the spouses, it is not always divided equally in half. In cases such as the dissipation of marital assets, the court counts whatever amount was dissipated as if it still existed when they divide the estate. The party who was found to have dissipated funds will lose out in the end.

A knowledgeable Maryland divorce attorney from the family law firm of Cynthia H. Clark & Associates, LLC puts their more than 30 years of combined experience to work on your behalf to make sure that you get the most favorable divorce settlement possible. Contact us to reserve a consultation to discuss your case in our Annapolis office today.

Child Custody, Divorce

Maryland Parenting Plans: the Challenges and Opportunities of Co-Parenting

When a couple who has children divorces, their actions will have a deep and lasting impact on the child. So often, couples get so caught up in the conflict, and the gut-wrenching pain of ending a marriage and dividing households, that they can lose sight of the impact that the divorce is having on their child. The Maryland Parenting Plan is the document that will govern their lives as co-parents, and it will make sure that the interests of the child are paramount amongst all of the peripheral strife that is occurring as the marriage dissolves. Children benefit from structure, order and routines. Taking the time to work with an experienced Maryland child custody attorney will help to make sure that the child’s needs are carefully considered, that the plan is flexible enough to be practical, but is structured enough to honor all parties involved.

Developing a parenting plan

While it might seem tedious and time consuming, a well-considered, carefully developed parenting plan that delineates structure and routines can help smooth out the potentially difficult transition that children whose parents are divorcing must go through. When there is a structured plan in place it makes everyone’s life easier, but the child will most likely reap the greatest benefit.

A parenting plan is completely customized to consider the needs of the child in question and they include such topics as:

Vacation and holiday schedules
Parents’ work schedules
Educational, sports and other extracurricular activities for the child
Transportation
Child care
Travel plans
Emergency plans
Religious education
Health care/ doctor visits

In some situations, parenting plans will include whatever special circumstances apply to a child, for example a child with special needs, physical handicaps, or mental health challenges. The plan should include specific schedules with regard to pick-up and drop off days and times, holiday arrangements, and how the parents will communicate with one another and how the non-custodial parent will communicate with the child.

How much detail should a parenting plan include?

In her groundbreaking book about families and divorce, The Good Divorce, author Connie Ahrons created a typology of post-divorce spousal relationships. The descriptions of these relationship types can be helpful when trying to figure out exactly how much detail might be required for a parenting plan agreement. As a general rule, the more conflict between parties the higher the level of detail will be required in the parenting plan. The five categories of post-divorce relationships between co-parents include:

Perfect Pals. These two have maintained a friendly rapport, they remain connected and might even share holiday or birthday celebrations. Perfect pal relationships would allow a greater amount of flexibility in parenting plan agreements.
Cooperative Colleagues. Although they do not consider each other to be friends, they can still interact and communicate easily. They do not spend family celebrations together, but they have no problem coming to a mutual agreement about holiday and vacation schedules.
Angry Associates. These co-parents interact only when required to and they do not have much communication between them. These co-parents tend to be tense, hostile and even engage in conflict. They often require strict schedules with pick up and drop off in a neutral location.
Fiery Foes. There is a high level of conflict between the co-parents, extended litigation, and an inability to resolve any conflict between them. These co-parents would also require a significant amount of structure in a parenting plan that would likely have to be developed by the court through their legal counsel.
Dissolved Duos. The former spouses have no communication, and the non-custodial spouse may have moved out of the area leaving the custodial parent to raise the child as a single parent.

While developing a parenting plan might be a challenging process, both parents have the opportunity to make sure that their child’s needs are carefully considered and that they do as much as possible to provide structure and stability for the child after the divorce is final.

When you work with one of the experienced Annapolis-based child custody attorneys at Cynthia H. Clark & Associates, LLC, you can feel confident that we will protect your rights and guide you through the divorce process with care. You may contact us today to schedule a consultation at our office.

Divorce, Family Law

How Parental Relocation Can Affect Parenting Plan Agreements

When a couple with children divorce, they usually create two separate households, hopefully close enough to one another that the children will be able to move easily in between the households for visitation, holidays and vacations. However, one parent may need to relocate to an area that would require the children to be transported via a bus, train or even plane ride for visitation with the relocated parent. This can make co-parenting quite challenging, as one parent often ends bearing the brunt of the day-to-day responsibility and care for the child.

If your or your spouse wants to relocate, Maryland law requires that they give the other parent and the court 90 days’ notice of your intention to move, unless your Parenting Plan or Judgment of Divorce provides otherwise. If the parties cannot agree upon a modified visitation schedule amongst themselves to accommodate the parent’s relocation, then the parties can seek the assistance of the court. The court will then consider if the move is in the best interest of the child and will inquire of the relocating parent’s reasoning for relocating. If the move is because the parent has found employment that pays better than their current position, they are moving to a safer neighborhood, one with better schools, or an area closer to the parent’s family, then these circumstances might stand to benefit the child and the court might look more favorably on them. The court cannot keep a parent from moving out of the area regardless of their reasons for doing so; however, they can modify the custody/visitation arrangement so that it will be in the best interest of the child. So, if a parent wants to move across the country just to be closer to their new love interest, the court may not prohibit them from moving, but it may give the other parent primary residential custody of the child if it does not consider the move to be in the best interest of the child.

The challenges of parenting at a distance

Whether a parent moves away from the child, or the child moves away with the other parent, a long-distance parenting relationship can be challenging for both parents and the minor child. You may have to deal with the child feeling abandoned if it is the parent who has moved away, or the child may experience home-sickness and express the desire to move back home with the other parent. It will take a team effort on the part of both parents to help the child adjust to the new arrangement.

Consistent communication between the parent and child is vital to keep each other informed about what is going on in the child’s life and in the parent’s life. Consider using email and text messaging when the child is older and even video chatting so that you can see each other’s faces. Keep bed times and the child’s household rules in mind when it comes to phone calls.
Remain in close communication with your co-parent and make sure that the child is adjusting well.
Make the most of the time you do spend together with your child. Encourage them and do everything you can to remain a part of their daily routine.

Parental relocation issues can be quite complicated because they sometimes involve forcing a parent to choose between being able to be close to their child and accepting an advantageous employment opportunity that is miles away. An experienced Annapolis family law attorney at Cynthia H. Clark & Associates, LLC can help you create a parenting plan agreement with your spouse that allows for creative visitation arrangements that accommodate the best interest of the child and his or her relationship with both parents. If you or your spouse is considering a move, please contact us to learn more about how your custody and visitation schedules may be affected.