Maryland Divorce Lawyer - Cynthia H. Clark

A Brief Guide to Alimony in Maryland

If you are facing a divorce, you should consider how alimony may affect you. Alimony, sometimes called spousal support, is designed to provide the financially dependent spouse with money to help offset living expenses and make up for the new discrepancy in household income. Alimony is not child support, and the amount of alimony one spouse will owe another is dependent not only on your circumstances, but also on a judge’s discretion.

Maryland’s three alimony awards

Alimony can be awarded to either spouse based on a host of factors. It can be awarded during or after a divorce, and the length of time alimony is to be paid is dependent on the type of alimony awarded. There are three types of spousal support in Maryland:

Alimony pendente lite. Literally “pending litigation,” this type of alimony can be awarded from the initial filing of the divorce until the final settlement. Receiving alimony pendente lite does not guarantee that you will receive alimony as part of the final divorce agreement.
Rehabilitative alimony. This type of support comes with an expiration date. Rehabilitative alimony allows one spouse time and income to regain relevant workplace experience. It can also help to re-establish individual financial stability. Rehabilitative alimony is part of a final divorce, and payments begin after the divorce is settled.
Indefinite alimony. With no expiration, the burden on the claimant to establish as many factors as possible that weigh in favor of indefinite alimony is quite high. Extenuating circumstances absolutely apply here; if one spouse is seriously disabled or chronically ill, indefinite alimony might be awarded. Additionally, if the divorce will create a grossly disparate income gap, a judge can choose to award indefinite alimony.

Alimony is usually terminated on death or remarriage of the payee.

Understanding the complexities of an alimony award

Whether or not both spouses are self-supporting is an important factor in the determination of spousal support, but the process extends far beyond that point. The reasons why a person might seek alimony – time to educate oneself in a new trade, whether or not the couple had children or brought other children into the marriage, to be financially secure after leaving an abusive spouse – all factor into a judge’s decision.

The judge will also consider the length of the marriage and the age of each spouse, as well as each spouse’s physical and mental conditions. The overall quality of life a couple shared is examined, which requires a tremendous amount of detailed paperwork as well as complete honesty on behalf of both spouses. A spouse who tries to prove he or she will be living paycheck to paycheck when he or she is able to be self-supporting, or a spouse who claims that his or her ex can easily work but chooses not to (despite strong evidence to the contrary), will not fare well in front of a judge: firstly, because the law demands absolute honesty, and secondly because a divorce lawyer cannot perform at the highest level if a client does not speak the total truth in their confidential meetings.

We once described alimony as a bridge to financial independence; it is one of the reasons why obtaining indefinite alimony is such a complex process. It is also why if you are seeking alimony during a divorce, you want a skilled and experienced litigator on your side.

The law office of Cynthia H. Clark & Associates, LLC is committed to helping clients protect their assets and prepare for a lifetime of financial security. Our attorneys have a combined 30 years of experience and are uniquely qualified to handle complex support cases in Maryland. Please contact us to reserve a consultation time in our Annapolis office.

Family Law

Humiliation and Divorce: Learning from the Ashley Madison Hack

One of the first things we tell our divorce clients is to avoid social media when possible. The hack of the website AshleyMadison.com, a dating site for married couples looking for satisfaction outside of their marriages, should serve as a reminder that you should always be very, very careful what you post online. Not only are users anxious about their financial information being exposed, but many are now worried that the most intimate details of their private lives will be open to the public, putting them at risk of humiliation – and divorce.

That humiliation can play a large role in the dissolution of your marriage, though perhaps not in the way you think.

The myth of adultery and alimony

Our clients often ask us if citing adultery as a ground for divorce will enable them to obtain larger alimony awards, and the short answer is most likely no: it will not. Alimony, or spousal support, is a subjective award granted by a judge based on a number of factors; the cause of the breakup of the marriage is one of the factors that the court will consider when making an alimony award. Accordingly, infidelity by a spouse may have some impact on such an award, but it is difficult to determine quantitatively what the impact was since it is but one of a host of factors considered. The length of your marriage as well as the amount of assets you each contribute to that marriage, for example, could weight more heavily in a judge’s determination than whether or not one spouse cheated on the other. However, you may receive an additional award, or a greater share of the assets, if your spouse used your joint money to pay for items or services for his or her lover in a way that depleted your assets in a substantial way. By and large, however, you are not automatically entitled to alimony just because your spouse was unfaithful.

Humiliation, however, is a powerful force: a spouse caught cheating may feel guilt, and therefore feel obliged to give a larger share of the assets to his or her partner to assuage those feelings. And a spouse who has been cheated on may ask for a divorce immediately out of humiliation or anger, which can lead to a contentious battle.

Whether you were the spouse who cheated or the spouse who was cheated on, it is crucial that you speak with a divorce attorney before you do anything else. You need someone with experience who can stay cool, calm and collected about what has happened, and offer you guidance about moving forward. Rushing into a divorce will simply make things more difficult, and one partner could ultimately end up paying more (or receiving less) than what is equitable.

We do not judge our clients; we never have. But we would like to offer you one final piece of advice – advice that comes from years of experience representing people in Maryland divorce courts: everything you put online is documented. Using a site like Ashley Madison does not guarantee confidentiality; if anything, it records a “paper” trail of your actions and intentions. If you are truly unhappy and do not want to remain married to your current partner, using a dating site – even one that promises discretion – only puts your future at risk.

Cynthia H. Clark & Associates, LLC is one of Maryland’s premier family law and divorce firms. From our office in Annapolis, we proudly protect the rights and futures of clients throughout the state. We invite you to contact us to reserve a consultation time if you wish to discuss the divorce process.

Family Law

How Much Do You Really Know about Mediation?

It is common knowledge that mediation can result in a better possible outcome for both parties during a divorce. During mediation, compromises are made that allow assets to be divided as fairly as possible and with consideration for sentimental attachment and feelings. However, divorce requires the separation and dissolution of a relationship, and some loss must occur.

Mediation explained mathematically

Mediation, like marriage and divorce, is a social interaction. All social interactions are subject to rules, and the rules of mediation have been described mathematically at very high levels. John Nash, the famous mathematician portrayed by Russell Crowe in the movie A Beautiful Mind, devoted his life to the study of profit and loss through social interaction. Nash became famous for modifying the basics of economics, and his work has implications in every social situation.

Nash discovered a principle, fittingly called the Nash Equilibrium, which describes a situation in which two opposing sides have committed to a course of action and neither side can independently change its strategy without loss. As long as both parties pursue only their own interests independently, they will always reach a Nash Equilibrium.

The famous mathematician even used a nasty divorce as an example in his paper stating “It would usually pay both parties to compromise, but so long as one refuses to compromise, it is not worth the other party’s while to give way. They become trapped in a Nash equilibrium so that both lose out through the money… and emotional stress… But there is an escape clause; if the parties can communicate and negotiate, they may be able to break out of the dreadful trap.”

If you think that your divorce is beyond mediation, there is still hope. Having an aggressive and experienced Maryland family law attorney on your side can change the outcome of your divorce, and by extension change the rest of your life. Experienced legal help is essential, especially in complex divorces involving multiple properties and financial entanglements. In the end, mediation may not be possible, and that is when you want Peters &Clark, P.A. on your side. Contact us today to schedule a meeting to discuss your case.

Divorce

Divorce in the Wake of a Major Life Event

Fox News recently ran a story about Rebekah Gregory, young woman who lost her leg because of the Boston Marathon bombing in 2013. Ms. Gregory and her husband – also a survivor – married in 2014, but they announced in February that they would divorce. In the Fox News story, the writer discusses a number of life-changing scenarios that can lead to the end of a marriage, such as loss of employment or a serious illness, showing us that while Ms. Gregory’s story is sad, it is not terribly uncommon.

When a major life event leads to the dissolution of your marriage, it is especially important that you seek guidance from professionals. This is because these unexpected experiences come with consequences that a “normal” divorce might not. For example: if one spouse is suffering with a serious illness or injury, the accumulated medical debts – as well as the cost of anticipated prescriptions and treatments – could affect how that couple’s property is divided. Or if one spouse loses his or her job without warning, that non-working spouse could be granted spousal support by the court – an award that might not have been granted before the job loss.

Major life events can also create complications for couples who were already in the process of divorcing one another. It is probable that both people already feel anger, anxiety, guilt or frustration – or any combination of emotions. The stress of a sudden trauma or outside event can exacerbate these feelings and tensions, leading a couple in the midst of an amicable dissolution more likely to withdraw or lash out – and causing a couple whose divorce was already contentious to become even more combative.

Finding the help you need

Remember, however, that scenarios like these are possible but not required; there is no one set way to handle your divorce procedure or to cope with a major life event, whether that event is negative or positive. But if you are under additional stress from an unexpected change in your life, you should seek help from a skilled divorce lawyer and your doctor. Speaking to a grief counselor may also benefit those couples who are processing a sudden loss. Finally, you should speak to an accountant (if you have not already done so) about any changes in your finances because of the event, so that you and your attorney can take a realistic look at what your future might be like based on your new circumstances.

Some couples grow closer together in the wake of major life events, and some grow apart. There is no right or wrong response to dealing with tragedy, like that of Ms. Gregory, or even with more positive changes such as coming into a large sum of money or the birth of a child. Seeking help from a supportive network of professionals can help you through the process.

For more information about Maryland’s divorce process, or to find out how your future could be affected by a change in your financial status, we invite you to contact Cynthia H. Clark & Associates, P.A.

Divorce

New Grounds for Divorce in Maryland

In April of 2015, the Maryland General Assembly approved a law, soon thereafter approved by Governor Hogan, which authorizes the family courts “to decree an absolute divorce on the grounds of mutual consent.” Under this new ground for divorce, the court can eliminate the standard waiting period of 365 days for a couple seeking an absolutely divorce so long as:

The couple does not have any children together who are under the age of 18. Children from previous marriages are not included in the consideration for claiming mutual consent.
The couple “execute

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The couple authorizes the court to use that settlement in their divorce decree, and that neither person asks the court to change or modify it before the divorce hearing unless both sides agree to the modification.

The law is slated to go into effect on October 1, 2015. This new law should go a long way in helping couples move more quickly through the divorce process, and in helping the courts clear out cases more efficiently.

Additional grounds for divorce

Couples who wish end their marriage must file under one of the recognized grounds for divorce in Maryland. Six of them cite “fault,” whereas one does not. The state publishes the full text online, but in summary, the 6 fault grounds are:

Adultery
Desertion
Conviction of a criminal charge (felony or misdemeanor)
Cruelty
Excessively vicious conduct
Insanity

For couples who simply wish to divorce and do not want to cite grounds, the state requires a “12–month separation, when the parties have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce.” But starting in October, couples who wish to divorce but do not want to live apart for 12 months will now have the option of claiming mutual consent. Just because this new law makes the process more efficient, however, does not mean it will be “easier” to get a divorce in Maryland. You should still seek the guidance of an experienced and competent divorce lawyer to help you with the settlement agreement.

At Cynthia H. Clark & Associates, LLC, we assist people throughout Maryland who are seeking a divorce or in need of family law services. We invite you to contact the firm to reserve a consultation.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

Child Custody, Divorce

Substance Abuse Adds Complications to Divorce and Custody Issues

An obituary for a young man named Clay William Shephard went viral a couple of weeks ago; in it, his parents explain that they wish to reach anyone who has a substance abuse problem while there is still time for them to do something about it. According to one news source, thousands of people have left comments online in support of the Shephard family, sharing their own triumphs and sorrows about their families’ struggles with heroin and drug addiction, as well as their condolences.

Though the Shephard family lives in North Carolina, we here in Maryland have seen an uptick in the amount of heroin abusers making headlines as well. Addiction often plays a role in a couple’s decision to divorce, as well as the State’s decision to remove children from a home. Drugs ravage families in so many ways – and not all of them are able to offer the beacon of forgiveness and hope that the Shephards have.

The consequences of addiction

If you had told us that heroin addiction would be a genuine concern for our clients a mere 15 years ago, we would not have believed you. Now, it has become as possible (though perhaps still not as common) as alcohol or other types of substance addiction. It most keenly affects people who:

Are married to a user. As heroin has become more and more accessible – and less and less expensive – the number of people who find themselves married to users has increased. This has led to an increase of divorces in Maryland as one spouse refuses to stay married to an abuser who will not, or cannot, seek help.
Are faced with long–rehabilitation programs. People who are undergoing treatment for serious drug addictions may not be allowed to visit with the loved ones right away. The distance can drive some marriages apart – especially if the abuse created rifts in the marriage to begin with.
Have children who are abusers. In some sad cases, couples with children who abuse drugs are pushed apart by how each side wishes to parent those children. Extreme life events, like dealing with the illness of addiction, can add undue stress to anyone’s life.
Must now raise their grandchildren, nieces, nephews or siblings. When your child, sibling or parent is an abuser, it can place the burden of parenting on you. In Maryland, there has been an increase in the number of grandparents, aunts, uncles, cousins and older siblings seeking guardianship – and on occasion physical and legal custody – of the children of addicts. Sometimes these custody battles come out of fear of the children being neglected; in more tragic scenarios, the children have nowhere to go when their parents overdose on the drug.

Families deal with heartbreak every day. Sometimes it makes them stronger; sometimes it tears them apart. The most devastating part of a heroin addiction is how quickly it can start, and how quickly it can lead to a person’s untimely death.

Our hearts go out to the Shephard family, and to those families right here in Maryland who are facing their own personal hells. We hope that those who are dealing with addiction can find access to the treatment they need to live better, healthier and happier lives.

For more information about our family law services in Maryland, we invite you to visit Cynthia H. Clark & Associates, LLC

Child Custody, Family Law

Why We Should Care about Sophia Vergara’s and Nick Loeb’s Embryos

Many people have disregarded the news stories about actress Sophia Vergara and her now ex-fiancé Nick Loeb, whose fight over frozen, implanted embryos has been making headlines. But the issue is actually quite important, especially if you and your spouse are thinking about undergoing, or currently undergoing, the in vitro process.

The whole sad story sums up like this: Ms. Vergara would like to destroy the fertilized embryos being held in storage, now that she and Mr. Loeb are no longer together. Mr. Loeb believes that life begins at fertilization, and therefore would like to raise the children those embryos would grow into on his own.

But who will win such a case? As of now the fertilized embryos cannot be touched, as the contract between Ms. Vergara and Mr. Loeb explicitly states that neither one can destroy the embryos; what it does not say, however, is what should be done if one wishes to move forward. As MSNBC.com reports, multiple states have tried to rule on who gets the embryos in the event of a divorce, only to have those ruling overturned in appellate court.

A dispute with large-scale ramifications

This type of case might seem exceptional, but it is not. As more and more couples are choosing to wait longer to have children – or any myriad reasons – freezing fertilized embryos for later use is becoming a more popular choice. In Ms. Vergara’s and Mr. Loeb’s case, the decision was made to freeze the embryos because, as Ms. Vergara put it, “We just wanted to plan ahead. My boyfriend Nick is three years younger than me and he’s never had a son. I have my son, Manolo, so it’s not that import(ant)… you know, it’s not like an emergency for me to have another kid. For Nick, yes, because he’s never had a baby.” And while the Catholic Church does not approve of in vitro fertilization, other religions may, lending credence to Mr. Loeb’s argument that he cannot see the embryos destroyed for religious reasons.

This is a very tricky area of the law, because the rules governing it are still new. Few rulings have been made, and little precedent set. To that end, it is worth your while to include instructions in the contract with your IVF clinic or in a pre-or post-nuptial agreement about what will happen to fertilized and unused embryos in the event of a break-up between you and your partner.

If it is too late for such actions, it would behoove you to work with a Maryland divorce attorney who has experience in such matters, such as we have. These types of cases require patience, diligence and an in-depth understanding of Maryland’s laws regarding divorce and property assessment.

If you and your former partner are at an impasse over fertility treatments, we invite you to contact Cynthia H. Clark & Associates, LLC today. We serve divorce clients with complex needs throughout Maryland.

Divorce

What Happens If You Want a Divorce But You Cannot Locate Your Spouse?

One of the first requirements in filing for divorce is the “service of process,” which is how you make sure that your spouse gets a copy of the divorce papers. Once the other side has been served with the complaint for divorce, then the process can begin. If you do not serve the papers properly your case can be dismissed.

What happens if you serve your spouse with the divorce complaint at their last known address and they are no longer there? You will have to make a sufficient effort to locate your spouse and make sure that they are served with the divorce papers; however, if you are unsuccessful in locating them you may get permission from the court to publish a notice of divorce in the newspaper, which is called “Service by Publication.” The judge will likely require that the person filing a request for permission to use service by publication be able to show that they have made a reasonable effort to locate their missing spouse.

How much of an effort must I expend to find my missing spouse?

The following are a few tips from lawhelp.org on ways that you can try to locate your missing spouse:

Check your spouse’s last known job
Check with any of your spouse’s family members that you can contact
Search for them on the Internet
Check Maryland criminal court records (Maryland Judiciary Case Search)
Check with the Department of Motor Vehicles
Check the Social Security Death Index website
Check the federal bureau of prisons

You have a 60 day time limit from the day you file your divorce complaint to serve your spouse. If you are not able to serve them within that time you can request another 60 days.

After you have proven to the court that you have made every reasonable effort to locate your missing spouse, the court may order service by mailing a notice to your spouse’s last known address, and they may also post a notice on the courthouse bulletin board, or by publishing the notice at least once a week for three successive weeks in one or more newspapers in circulation in the county in which the divorce action will take place.

The person has 30 days to respond if they are in Maryland, 60 days to respond if they are served outside of the state and 90 days to answer if they are located outside of the United States.

What if they still do not respond?

You may divorce your spouse by default if you can’t locate them as long as the judge is satisfied that you did everything possible to serve your spouse with notice of the divorce complaint. If you are unsure whether or not you have made the best possible effort, we can help you review your actions and create options for moving forward.

At the law office of Cynthia H. Clark & Associates, LLC we are here to represent your interests and fight for the best settlement possible in your divorce. We invite you to contact us to make an appointment with an experienced Maryland divorce attorney with whom you can discuss your case.

Military Divorce, Military Family Law

Dividing a Military Pension in Maryland Divorce

When you begin divorce proceedings in Maryland, you eventually must divide your assets with your spouse. For servicemen and women, dividing their military pensions is a complex process that is governed by federal law, military rules and state laws. Other factors to be considered include how long the couple was married, and for how many of those years the military spouse served in the military.

In addition to Maryland’s divorce laws, the Uniformed Services Former Spouses’ Protection Act (USFSPA) governs how the military spouse’s retirement benefits will be calculated and divided as a part of the divorce settlement.

What is the role of the USFSPA in military pension division?

Federal law does not provide an automatic right for the divorced spouse of a military member to receive any portion of the service member’s retirement pay regardless of how long the couple was married. The Uniformed Services Former Spouses’ Protection Act (USFSPA) was passed by Congress in 1982, authorizing states to divide military retired pay under certain conditions. Property division laws in the state where the divorce takes place will govern the amount of the award. The requirements of USFSPA also extends to alimony and child support.

While the state court will divide the military pension, it must abide by the USFSPA guidelines. Court orders that are enforceable under the USFSPA include:

Final divorce decrees
Annulment
Legal separation
Court-ordered property settlement agreements

Military retirement pay will be divided as a marital asset in an equitable division state and the award must be expressed as either a fixed dollar amount or a percentage of disposable retired pay (gross retired pay less allowable deductions).

How is military retirement pay divided?

A common method for calculating how a military pension will be divided is by using a “coverture fraction” which calculates the years of military service that coincided with the marriage divided by the total years of military service at the time of retirement in order to arrive at the “military portion” of the total asset. The nonmilitary spouse theoretically has a right to up to half of the marital portion.

For example, if the couple was married for a period of 18 years overlapping with the spouse’s military service and the military spouse had 20 years of service the equation will look like this: 18/20 = .90 or 90%, which represents the marital portion, half of which is 45%.

What is the 10/10 rule?

In order to receive their portion of a military retirement settlement directly from DFAS (Defense Finance and Accounting Service), which is the military’s payroll agency, the spouse must meet the military’s “10-10 rule,” which means that the marriage must have lasted for ten years that coincide with at least ten years of military service. If the 10-10 rule is not satisfied, then DFAS will not be involved in disbursing the nonmilitary spouse’s military retirement asset.

For spouses that meet the 10-10 rule, the court order is directed to DFAS as a “Military Retired Pay Division Order,” and it must be submitted in compliance with DFAS’s strict formatting requirements.

We have only touched on one aspect of the complicated topic of how a military pension might get divided in a Maryland divorce. If you are a military service member who is contemplating divorce, or if you are married to a member of the military, you should consult with an experienced divorce attorney who is fully versed in the complexities of Maryland military divorce.

You are welcome to contact Cynthia H. Clark & Associates, LLC to schedule a consultation to discuss your divorce. We understand the complicated nature of military divorce. We will represent your interests and get you the settlement you deserve.

Divorce

Divorce in a Time of Facebook and the Effect of Social Media

It is likely that you have heard of at least one couple that ran into marital trouble or even broke up because of something posted on Facebook. The ubiquitous social media platform has made its way into billions of people’s lives and has had a significant impact on relationships. When your first love from high school is just a click away, and you scroll through a feed of beautiful, happy people living lives that seem far more interesting than yours, it can be easy to get a bit carried away.

But what happens when that same social media platform becomes the method through which your divorce can be processed, instead of just the reason?

A judge allowed a woman to serve her spouse divorce papers on Facebook

Manhattan Supreme Court Justice Matthew Cooper has given Ellanora Baidoo permission to serve her husband, Victor Sena Blood-Dzraku, with divorce papers through a private message on Facebook. The husband has made himself difficult to find and Ms. Baidoo has only been able to communicate with him through Facebook and on the phone. She sent the first message to him last week but so far she has not received a response according to a story in the Wall Street Journal.

In his statement, Judge Cooper wrote: “The past decade has also seen the advent and ascendancy of social media, with websites such as Facebook and Twitter occupying a central place in the lives of so many people. Thus, it would appear that the next frontier in the developing law of the service of process over the internet is the use of social media sites as forums through which a summons can be delivered.”

It looks like Facebook just “got real,” even in the eyes of the court.

“Facebook divorce” is a thing

The term “Facebook divorce” makes reference to all of the marriage breakups that have happened due to information discovered on Facebook and the other popular social media sites that have become wildly popular.

Divorce attorneys routinely turn to Facebook to find evidence in divorce cases such as pictures of social events, vacations, expensive purchases, and images that suggest that the person is being unfaithful or deceptive. According to the American Academy of Matrimonial Lawyers, 81% of their members have found or used evidence they found on social media websites in divorce proceedings.

Can using Facebook lead to the breakup of marriages?

An article on MarketWatch refers to the ever expanding body of research that links the increased use of Facebook to rising divorce rates. One study linked a 20% increase in the share of a state’s population with a Facebook account was associated with a 2.2% increase in the state’s divorce rate. A University of Texas at Austin research study found that 32% of heavy social media users report that they have thought about leaving their spouses compared with 16% of people who do not use social networks.

Let go of Facebook and other social media accounts during your divorce

If you are contemplating getting a divorce, shut down your Facebook page until you are divorced. Nothing positive can come from your having a Facebook page while you are negotiating a settlement or preparing for trial. It does nothing but provide ammunition to the opposing party. While you might “unfriend” your spouse and his or her friends, you are still connected to many people and there is no way to predict who might provide information to your spouse.

Above all be discreet. If your behavior online has led to divorce, then do not give your spouse’s counsel any more fodder to use against you. If your partner was unfaithful with someone they met or reunited with on Facebook, do not hack into their account to try to dig up information. It is illegal and any information you find will not likely be admissible in court.

If you and your spouse have been considering divorce you want to work with a divorce attorney who has experience handling a broad spectrum of cases from a simple, uncontested divorce to more complex divorce cases. Talk to a Maryland divorce attorney today to get answers about your case.

If you or someone you know is considering divorce, please contact Cynthia H. Clark & Associates, LLC to schedule a consultation. As one of Maryland’s premier family law firms, we have the skills, experience and resources you want on your side during complex divorce proceedings.