Maryland Divorce Lawyer - Cynthia H. Clark

What to Expect When You are Divorcing

When most people walk down the aisle and say, “I do,” they are incapable of envisioning themselves as anything but blissfully in love with their partner for the rest of their lives. It can come as a bit of a shock when you realize that your marriage is ending – even when you are the person who initiated the dissolution.

At Cynthia H. Clark & Associates, LLC, we have helped a lot of people through the process of getting a divorce in Maryland, and have found over the years that most are unprepared for how it will affect their lives outside of simply not being married anymore. We want our clients to be prepared for these surprises as best they can, so we wanted to talk a bit about the hurdles you might face outside of the legal realm:

You will need a support team. Make sure that you surround yourself with a support network of people who care about you and will listen when you need to vent. Seeking the help of a professional counselor is not a sign of weakness; in fact, he or she can help you adjust to your new life in positive ways.
Some people will choose sides – and they may not be who you think. Some of the people you thought you would be able to rely on will choose your spouse’s side. Others will side with you even though you assumed they would not. Many may choose to remain friends with both of you. Regardless of what happens, be respectful of your ex and focus on being present with the people you are with.
You will feel things you did not expect. When you and your former spouse are finally finished with the divorce process, you may experience feelings of loss or sadness you were not expecting. Be prepared to face a rollercoaster of emotions as you go through the divorce. This is perfectly normal.
You still need to take care of yourself. Getting a good night’s sleep, eating well and engaging in the activities you always loved whenever you can – essentially, maintaining a “normal” routine –will help preserve your sanity while everything around you seems to be in chaos.
Your kids are dealing with the changes, too. If you have children, remember that each one will process the divorce in different ways, and it will impact them far more than you think it will. Do whatever you can to shield them from the conflict, and be available to listen when they need to talk. Encourage them to talk about what they are feeling even if it is not with you. Knowing that what they are feeling is OK and normal and that they will get through it can help them face the tremendous life changes they are going through.
Your future is what you make of it. As you move through the pain, anger, frustration, and insanity of divorce, take some time to focus on planning your future. Focus on making plans for your new life while you close this chapter on your old life. Endeavor to use this experience to learn from the mistakes of your past so that you are not doomed to repeat them again.

We have heard people say that divorce is almost worse than the death of a loved one. When someone dies, you grieve their loss and move on. When a marriage ends, it represents the loss of the hopes and dreams that the two of you shared. Even if the divorce is a welcomed thing for you, it still represents a dramatic life change. Allow yourself the time and the space to grieve. You might not realize it, but you will need it – and you will be better off in the long run for it.

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, you may contact our firm to reserve a consultation time to discuss your case.

Divorce

Getting Through the Holidays When You are Going Through a Divorce

The holiday season seems to be about celebrating family traditions and remembering what you did in years past. When you are going through a divorce, it can be painful to think about previous holidays – but if you have a child to consider, you cannot simply pull the blanket over your head and wait for the season to pass. What can make the holidays difficult to get through is the expectation that it should be a joy-filled time of happiness, celebration and good times. If you are feeling the pain of going through a difficult divorce, or if this will be the first holiday season since your divorce, there are things that you can do proactively to have the kind of experience you want to have, and start creating new memories for you and your children.

Communicate with your former spouse about schedules. Come to an agreement about how you will share the holiday time between the two of you with the children and plan pick-up and drop-off times.
Check in with your children and make sure that they are OK. While children are a lot more resilient than adults sometimes give them credit for, it can be reassuring for them to hear that everything is going to be all right, or that any obstacles they are facing can be overcome. Avoid allowing your own feelings of anxiety, sorrow or anger to filter through in those conversations, and focus on what they need, emotionally or physically.
Coordinate gift buying with your former spouse. Resist the urge to try to make up for all of the turmoil of the divorce by overspending and lavishing them with gifts. Children want time and attention from their parents. Neither of those costs a thing.
Create new holiday traditions. Rather than focusing on how things used to be when the family was together, create new holiday traditions. Get the kids involved and allow them to contribute ideas to make the time you spend together special.
Find a place to volunteer for the holidays. When the children are spending their time with your former spouse, find an opportunity to give back and do some kind of volunteer work in your community. It provides a great way to get your mind off of your personal woes, and you will gain so much through the act of giving of your time to help others have a good holiday season. If you can include the children when they are with you, so much the better.
Schedule in some time for self-care. Hang out with your friends, do some fun, outdoor activities and go out of your way to avoid feeling isolated and alone.
Find a trusted counselor. If you find that you are really having a difficult time coping with the stress of the holiday and the stress of the divorce, be willing to talk to someone about it. Your clergy, a counselor or a trusted confidante will help you process your feelings and feel encouraged that you will get through this in one piece.
Let go of the image of the “perfect” holiday. Remember that the images that you see in the movies and that are described in holiday songs are fabricated. Keeping your expectations realistic will help you get through a challenging time. Besides, your new traditions could eventually become you “prefect” holiday, and you want to leave yourself open to that.

When you decide to take a proactive approach to the holidays it can make a huge difference in how you move through them. Do not let the pain of your divorce completely derail your holiday celebrations. This rough time will pass soon enough. Take the time to enjoy your life now, and help your kids get through this time of transition with some great holiday memories.

The experienced Annapolis family lawyers at Cynthia H. Clark & Associates, LLC have helped countless clients throughout Maryland move successfully through divorce and onto starting their new lives. You can count on our knowledgeable attorneys to offer skilled, competent legal support during a challenging time. Please contact us to reserve a consultation at our Annapolis office location to discuss your case.

Divorce

Getting a Divorce? There’s an App for That: Smartphone Apps to Aid Post-Divorce Communications

One of the biggest challenges that many couples have post-divorce is communication. When you have children together, just because the marriage has ended does not mean that your relationship has ended. It will continue throughout your child’s life, but it will definitely change. If the divorce has been difficult or contentious, then you might have a hard time communicating with your former spouse. Since you still have to talk with them about all child-related issues, there are smart phone applications that will help ease the stress of trying to find a new way to interact with your former spouse.

Divorce log is an iOS and Android shared calendar that helps you keep track of divorce-related expenses, such as spousal and child support and parenting time schedules. It keeps everything in one place, and the information stored in the application can be easily shared with your divorce attorney.
2Houses is an application that makes communicating about your child’s life easier when you are divorced. It features a shared calendar so that both parents can keep track of their kids’ schedules, and it notifies you when a calendar item has been updated.
iSplit Divorce is an iOS application for iPads with a version for clients and a “pro” version for attorneys. This application uses visual computing to help divorcing couples decide how they will split up their assets. It uses the same ten categories that the courts use and it assigns each asset category an icon. The icons can then be dragged and dropped easily and the application re-calculates the asset or debts value in real time.
Our Family Wizard is an application designed to simplify the challenges of co-parenting. It has a shared calendar, messaging, expense tracking and event updates to keep both parties informed of important dates and events.
Divorce Coping Tip of the Day. For those who are going through a divorce and who think it might be uplifting to receive a bit of encouragement and advice, this Android application offers daily bits of wisdom for those who are preparing to leave their spouse, going through divorce, and moving on with their lives.

As convenient as these applications can be, there will still be times when parents will actually have to speak to one another. But when all of the details are in order, and there is a paper trail for payments and event notifications, it can help eliminate the source of a lot of conflict between former spouses.

Working with an experienced Annapolis divorce attorney can help make sure that you understand the divorce process, that your interests are protected and that you have the legal support to handle all of the challenges that come with divorce and learning how to co-parent after the divorce is final. The trusted legal team at Cynthia H. Clark & Associates, LLC is here to advise you and represent your interests in a divorce. You may contact our firm today to arrange a consultation to discuss your case. We are proud to serve clients throughout Maryland.

Divorce

The 12 Month Wait is Over for No-fault Maryland Divorce

Prior to the passage of a new divorce law in Maryland, couples who wish to file for a no-fault divorce had to wait 12 months to do so. Starting in October 2015, couples without minor children who wish to divorce on “mutual consent” grounds may bypass the former 12 month waiting period that had been a requirement. They must come up with a written separation agreement that settles spousal support and the division of marital property.

With the passage of this new law, a couple seeking a divorce on a mutual consent ground would file a complaint for absolute divorce along with a settlement agreement. Both spouses would be required to be present at the hearing.

Now couples who agree to all of the terms of the divorce will be able to save both time and money. If a couple did have any kind of dispute or disagreement about the terms of their separation, they could utilize the normal means available to resolve that dispute.

Other changes to the law

In addition to the reduction in the time parties had to be separated prior to their filing for divorce, the time needed for one of the parties to reside in Maryland, if the grounds for divorce took place outside of the state of Maryland, is also reduced from a year to six months. The new law also removes certain required elements of the grounds of limited divorce. If a married couple is already living apart and one of them decides that they want to divorce, they can do so with a much more simplified process.

These three revisions in the law represent the incremental changes that are taking place in Maryland divorce law.

While the changes in the law make obtaining a divorce by mutual consent much simpler, getting to a place of mutual consent requires the help of an experienced Annapolis divorce lawyer. You want to ensure that your rights are being protected and that you can still get the most favorable settlement possible. With this streamlined process, you can settle your divorce and move on with your life in a far more reasonable time frame.

If you are considering divorce, please contact Cynthia H. Clark & Associates, LLC to reserve a consultation time with a skilled Annapolis divorce attorney. We proudly serve clients throughout the state of Maryland.

Family Law

Have You Included Fido in Your Estate Plan?

If you are an animal lover, you know how much your four-legged – or two legged, or even “no-legged” – friends mean to you. If something were to happen to you, what would happen to your pet? You most likely have an estate plan for yourself and your family that clearly articulates what will happen with your assets. However, if you do not make specific arrangements for your pets, no one will know what your wishes are for how your pet will be cared for after you are gone.

Maryland statutory pet trusts

The state of Maryland enacted a pet trust law in 2009, which provides for the creation of a trust to care for an animal that is alive during the lifetime of the settlor. The trust will terminate when the last animal included in the trust dies. The property of the trust may only be used for the intended purpose of the trust (e.g., taking care of the animal) unless the court determines that the value exceeds the amount required for care.

The amount of the endowment is based on the pet’s standard of care while the owner is alive. So you would just tally up how much you spend on everyday items to care for your pet, including:

Food
Treats
Professional walkers or care takers
Grooming
Boarding
Veterinary care

Through the trust, you can provide detailed instructions on how the caregiver is to care for the animal when you become incapacitated or pass away.

If you do not have the cash on hand to fund a trust that will take care of your pet after you are unable do so, you have the option of purchasing a life insurance policy that names the pet trust as a beneficiary.

Establishing the terms of the pet trust

The first task is to identify the animal that is included in the trust with photographs and a microchip if possible. The trust can include a provision that will cover any other animals acquired later to avoid the need to keep updating the trust.

After you have identified the animals that will be covered in the trust, you must name a caregiver and a trustee. The caregiver will be the one providing the care for the animal and the trustee will oversee the disbursement of the funds and will occasionally check on the health and well-being of the animal. If you do not have anyone that you trust to name as a caregiver, or if do not know anyone who is willing to take on that responsibility, you could consider making arrangements with a no-kill shelter or animal sanctuary that would agree to take care of your pet in exchange for a donation to their organization.

Naming a beneficiary for the remainder of the trust

The remainder beneficiary should always be someone separate from the caregiver and trustee because they will receive any money that is left over in the trust after the animal passes away. Some people opt to name an animal rescue or advocacy group as the remainder beneficiary to avoid any conflict of interest.

If you have a beloved pet and you want to arrange for their needs after you are gone or unable to care for them, the experienced family lawyers of Cynthia H. Clark & Associates, LLC can ensure that you have proper counsel to help you create a pet trust that is customized to your exact needs. Please contact our firm in Annapolis to reserve a consultation.

Divorce, Family Law

The Unintended Effects of the Ashley Madison Hack on Your Divorce

When AshleyMadison.com was first hacked, there were plenty of people out there who paid very little attention; after all, unless you were using the site (or an avid listener to a certain “shock jock” who advertises for them during his show), the chances were good that you had never even heard of that website. But now that the full extent of the hack is public knowledge, all of us are starting to see the fallout.

The truth is, the Ashley Madison hack can have a far more negative impact on a user’s life than simply revealing that he or she may have cheated on a spouse. Whether this new knowledge has led to the decision to divorce, or you were already in the process of dissolving your marriage, you now have some other problems to consider:

Your banking and credit card information is out on the Web for hackers to find. A lot of the controversy surrounding the hack has focused on making uninformed moral judgements about people – but there is a far more sinister element at work. Your personal information and credit card accounts are now open and available to hackers all over the world. You entire identity could be at risk because of it.
Your kids are about to find out. If your children spend any time online at all, chances are they already know that you or your spouse were affected by the hack. Whatever plans you may have had to break the news of your divorce gently to your children are gone. We talked about the effects that humiliation can have on divorcing spouses, but that same humiliation can affect your children (and potentially sway a Maryland family law judge’s decisions regarding custody) as well.
You could lose your job. A number of employers – like the State of Maryland – require employees to sign an ethics clause. The Ashley Madison hack could reveal that you have violated the terms of that clause, which could leave you out of a job. People who have security clearances could find themselves having difficulty with their security unit which will surely look at the Ashley Madison information in evaluating a security clearance. If you have alimony or child support payments to make, you may need to petition for a modification of your divorce decree to avoid falling behind (or going to jail).

What you do with your private life is your own business. Although it is 2015, the lifestyle on the Ashley Madison website is outside the “mainstream” of adultery and the Ashley Madison hack may have put that business out into the world. You could face some long-term repercussions because of it, even if you and your spouse decide not to dissolve your marriage as a result. We want everyone to be aware of the damage the hack could have on their lives, so that you can take the proper steps to protect yourself and your family.

Cynthia H. Clark & Associates, LLC is an Annapolis-based family law firm serving clients throughout the state of Maryland. If you have been affected by the Ashley Madison hack, or if you and your spouse are considering a divorce, please contact our firm to reserve a consultation time at our office.

Legal News

Because Community Matters: Learn More about STAIR Annapolis!

In October of 2015, our firm founder Paula Peters started volunteering with a group called STAIR Annapolis. STAIR stands for Start the Adventure in Reading, and it is an outreach program aimed at improving the literacy skills of children here in Annapolis, to give them a better chance at a brighter future. STAIR’s mission is:

To increase the reading level of skill-deficient students.
To increase each student’s sense of self-worth and esteem by providing a success-oriented program which expands the student’s knowledge of self and the world of reading.
To provide a caring environment which will promote a more meaningful dialogue among multi-ethnic volunteers, children, teachers, and parents.

Paula is so excited to be a part of this program, and volunteers weekly at Parole-Walter Mills Elementary School. Part of her work involves administering some diagnostics to determine her tutee’s skill level, but she told us she had a blast, with both she and her child taking turns reading books aloud to each other. They will play word games together too, which will help the children in the program learn how language functions – and makes learning fun too!

The illiteracy problem in this country is staggering

According to Pro Literacy, in 2014 there were about 36 million adults in the U.S. who read at a 3^rd grade level. The Statistic Brain puts that number around 14% of all U.S. adults. These numbers make sense, in a perverse kind of way, as most educational institutions (and the laws which govern them at local and federal levels) assume that a child can read by the 3^rd grade. If you or your child is what some call a low-level reader, the chances are high that you did not receive the extra help you needed for the later grades, which would cause the literacy rate to stall.

But the problems do not stop there. In 1989, pro football player Dexter Manley testified before Congress that he was functionally illiterate, reading at only a 2^nd grade level at best. In 2014, CNN looked into “the reading levels of 183 UNC-Chapel Hill athletes who played football or basketball from 2004 to 2012… [and] found that 60% read between fourth- and eighth-grade levels. Between 8% and 10% read below a third-grade level.”

Why STAIR is such an important program

By working with 2^nd graders, STAIR hopes to put children in a better position early on, and to encourage in them a love of reading that will carry throughout their adult lives. For some kids here in Annapolis, the STAIR program may be their only real chance at improving their abilities before being figuratively left behind by their peers.

All of us at Cynthia H. Clark & Associates, PA are really proud of Paula’s work with children in the STAIR program, and we encourage everyone to rally to the cause. By becoming mentors to young children at a time when they need us most, we may be able to change the future, and knock out illiteracy once and for all. To find out more about volunteering, we encourage you to contact STAIR Annapolis, or to reach out to our office.

Family Law

Congratulations, Cynthia Clark, on Your Partnership!

Our clients and regular readers may have noticed that we adopted a new name for our firm. It is with great excitement and tremendous joy that we offer our congratulations to Cynthia H. Clark on becoming a partner at Cynthia H. Clark & Associates, LLC! We are all so lucky to have Cynthia as a part of our family and as an invaluable member of our team, and now that she’s settled into her new role, we wanted to share that excitement and joy with all of you.

Fun facts about Cynthia Clark

Looking at Ms. Clark’s bio, you can see just what an asset she is to any law firm – and why we are so happy that she joined us. An Annapolis native, she brings a sense of serenity to our office and to our clients, who are often going through incredibly frustrating and difficult times. She regularly volunteers her time working with young lawyers and with local youth services… when she is not at home helping her family with their homework, that is.

But Ms. Clark offers more than her passion and dedication to our firm. Did you know…?

She has a terrific sense of humor, and an infectious laugh?
She is a “die hard” Baltimore Ravens fan?
She has a secret – or not-so-secret – penchant for “chunky” jewelry? (And that she can pull it off like no one else can?)
That she has devoted herself to helping protect members of the armed forces in need of legal counsel?
That she can leap tall buildings in a single bound?

We cannot tell you just how proud we are of the work that Cynthia does, and how blessed we feel to know her as a person. She brings her passion, joy and dedication to everything she does, and we could not be happier for her promotion.

Congratulations, Cynthia!

Cynthia H. Clark & Associates, LLC is an Annapolis-based family law firm serving clients throughout Maryland. Please contact us to find out more about our services.

Legal News

Cynthia Clark Named Officer in James C. Cawood, Jr. American Inn of Court

Cynthia H. Clark & Associates, LLC is proud to announce that partner Cynthia H. Clark is the 2015 Assistant Secretary of the James C. Cawood, Jr. American Inn of Court! This prestigious Inn is housed right here in Annapolis, and is named for the late Judge James C. Cawood, Jr. This is Ms. Clark’s first election to an officer position in the Inn, though she has been a member for four years, and we are all incredibly proud of her and the work that she does.

What are the American Inns of Court?

The American Inns of Court are part of nationwide organization with the mission “to foster excellence in professionalism, ethics, civility, and legal skills.” The Inns of Court are “uniquely non-partisan,” and encourages all members of legal field – attorneys, judges, law students, and professors – to build collaborative and mentoring-based relationships with one another.

The James C. Cawood, Jr. American Inn of Court reached it current incarnation in 2007, when the Paca-Brent Inn changed its name to honor the late Judge James C. Cawood. The Paca-Brent Inn was formed in 1993, when two separate Inns joined forces to better serve the legal community, and therefore its clientele, as one larger organization.

The professional credo

As an Officer of the Inn, Ms. Clark will continue to advocate on behalf of colleagues and clients in Maryland. She will help to uphold the Inn’s Professional Credo, a pledge made by the members to, among other things:

Treat the practice of law as a learned profession and will uphold the standards of the profession with dignity, civility and courtesy.
Value integrity above all.
Represent the interests of clients with vigor and will seek the most expeditious and least costly solutions to problems, resolving disputes through negotiation whenever possible.
Work continuously to attain the highest level of knowledge and skill in the areas of the law in which they practice.
Contribute time and resources to public service, charitable activities and pro bono work.

We are all very proud of Cynthia Clark’s accomplishments, both as our colleague and as an Officer of the Inn of Court. We know that she will continue to advocate passionately on behalf of those she assists here and throughout the state.

Peter & Clark, P.A. is a family law firm based in Annapolis and serving clients throughout Maryland. To learn more about Ms. Clark’s role in the James C. Cawood, Jr. American Inn of Court, or to discuss your legal needs with a skilled divorce attorney, we encourage you to contact us.

Child Custody, Child Support, Divorce

What You Should Know about Divorce Decree Modifications

Whether your divorce was finalized with an agreement or by a court order, you have options after you sign. Divorce modification is more common than most people realize, and can be a relatively painless process with the help of an experienced attorney.

You may wish to modify your divorce for any number of reasons; your life is not static, and a document you agreed to in the past may become less and less relevant to you as time goes by. Whatever the reasons, the following are the four most common types of modifications after a divorce is finalized:

Child support agreements. With children in the picture, things can change very quickly. A modification to a child support agreement will be necessary, for example, when your minor child reaches the age of majority. This necessitates a formal filing with the court to eliminate child support for the child who is no longer a minor.
Child custody agreements. Loss of a job, promotions, relocations, or even changes in health can affect how a parent is physically and emotionally able to care for a child. A parent who develops a health condition or disease which requires frequent hospital stays or procedures like dialysis may be too tired or weak to offer his or her full parental attention. On the other hand, a parent whose job status has changed may now be offered a more set schedule or different hours, allowing him or her to spend more time with the children than the original order accounted for. With their frequent relocations, active duty military parents can particularly benefit from modifications to a custody agreement, as their physical location may change more often than that of civilian parents.
Alimony agreements. If you are paying alimony, a change in your income or loss of a job can require changes to make sure you do not violate the terms of the agreement and face penalties.

Amending court documents can be complicated, and requires a thorough knowledge of Maryland procedures. If your circumstances have changed recently for any reason, you may benefit from amending your divorce decree. You can make changes to better your life; we can help.

The lawyers at Cynthia H. Clark & Associates, LLC have the skills and experience necessary to successfully modify any family law document, and can thoroughly and expediently aid you. Whether your modification request is met amicably or will require amending a court order, you can count on our experienced attorneys to provide you unparalleled assistance. Please contact us to reserve a consultation at our Annapolis office location.