Author: Cynthia H. Clark

Property Division

Maryland Senator Facing Property Division in Impending Divorce

The wife of a state senator in Maryland is seeking a divorce from her husband, alleging that he had an extramarital affair with a political aide in her 20s. The man, age 64, is accused of committing adultery with the 26-year-old woman, who was employed by his political team in 2010 and 2011; it is not clear exactly when the affair began. In some states – or if couples have agreed to such provisions in a prenup – infidelity may affect the way property division is handled during a breakup.

The politician, Richard Colburn, is taking steps to limit the number of eyes that can pry into the divorce case, as the legal proceedings may harm his political career and financial standing. In this case, the politician says he fears extortion or blackmail that could accompany the property division phase of his divorce; thus, he wants the information to remain private. The man and his wife do not have any children, which could simplify some aspects of the divorce. It is not clear whether the pair will be forced to pursue a complex property division, as news reports have not mentioned any business holdings, large inheritances or other, similar assets.

Many Maryland residents may be under the impression that adultery changes the way in which property is divided during a divorce proceeding. In most cases, infidelity does not play a role in the equitable division of marital holdings, however. Prenuptial agreements may include stipulations about property division after an extramarital affair, but most states have abandoned previous provisions that would have given the aggrieved spouse a financial advantage. Clients who are looking to dissolve their marriage after infidelity should still consult with a qualified family attorney to discuss their legal and financial options.

Source: Delmarvanow.com, “Sen. Colburn’s wife files for divorce, alleging relationship with former aide” Jennifer Shutt, Jan. 03, 2014

Child Custody

Holiday Gifting: A Major Child-Rearing Issue in Divorced Families

With the holiday season wrapping up, divorced parents have likely been thinking about gift giving during the past several weeks. No matter the ages of your children, holiday gifts can be a particularly difficult child-rearing issue, especially if you do not communicate well with your ex-spouse. Challenges experienced during the holiday season can be applied throughout the entire year, however, according to child custody experts who urge caution and respect when buying presents for your young ones.

Scores of Maryland parents know the feeling. Their kids’ other parent purchases an inappropriate or inconvenient gift. Take, for example, the woman who struggled to set up the Xbox gaming system that her children’s dad bought them for Christmas. Not only did parts go missing as they were hauled back and forth between the two houses, but the gift quickly became a bone of contention. In the end, the teens ended up saving money to purchase a second gaming system, but not before a serious amount of frustration.

Custodial parents may suffer from overcrowding in their home – but not from people. Gifts can quickly accumulate in smaller residences. With this in mind, non-custodial parents are encouraged to coordinate their gift-giving with the parent who has primary custody. Not only does this prevent “outgifting” competitions – competing for your child’s affections through big purchases – but it also keeps clutter at bay.

Further, parents should take care to refrain from putting limits on toys or other gifts. Children should be able to take the item between their two homes. In most cases, kids value family peace over the nature of the presents, so give them the opportunity to enjoy their items without hassle. It should go without saying, however, that parents should not purchase animals or other significant presents that are expected to stay at the other parent’s home. Buying a puppy and then dumping it with your child at your ex’s home is extraordinarily inappropriate.

The key to positive gift-giving is to keep in mind the best interests of the child. Your child custody practices should be designed to allow both parents equal opportunity to provide gifts. Make birthdays and holidays happy times instead of contentious events by following these simple tips.

Source: Huffington Post, “Where do gifts live? Does your ex want a puppy? Gifting can be vexing for kids of divorce” Leanne Italie, Dec. 23, 2013

Alimony

Postnuptial Agreements Help Couples Sort Out Spousal Support

Although most Americans have heard of prenuptial agreements, the less common postnuptial agreement is gaining traction among recently married couples. In fact, postnuptial agreements can be particularly useful for parents who decide to quit their jobs and stay home with their children in Maryland. In the past, stay-at-home parents had few financial options if they had not agreed to a prenup before the marriage began. Now, though, a variety of different options help protect stay-at-home parents who were previously the victim of poor property division policies and paltry spousal support.

Many moms and dads happily stay home with their children because of a joint agreement with their spouses. In fact, staying home with the children may actually seem financially advantageous because child care is no longer a considerable cost. If the Maryland marriage is dissolved, however, spouses may not be fully compensated for the fact that they left their best earning years in the workplace to stay at home with the kids. So, what can the postnuptial agreement do for stay-at-home moms and dads who are attempting to re-enter the workplace? Here are some reasons to consider a postnuptial agreement within your marriage.

First, it may not seem that discussing a postnuptial agreement would actually be beneficial for your marriage, but it can be true. Simply discussing finances can improve your relationship with your spouse, and drawing up a postnuptial agreement can even help you determine if it makes financial sense for you to stay home in the first place. Postnuptial agreements are critical because most men and women who stay at home sacrifice their prime earning years, which prevents them from reentering the workforce with the gusto they previously enjoyed. Postnuptial agreements help protect those spouses by delineating the specific financial compensation that will be awarded during a divorce. These agreements can be particularly important because stay-at-home parents who re-enter the workforce probably will earn less than they were able to during the initial stages of their careers.

Those Maryland couples who are interested in drafting a postnuptial agreement may benefit from consulting a qualified family attorney, who can help them learn more about their legal options, responsibilities and rights. Many stay-at-home parents can genuinely benefit from the provisions included in a postnuptial agreement after a divorce.

Source: Today.com, “Do stay-at-home moms need a ‘postnup’?” Jeff Landers, Dec. 18, 2013

Property Division

Divorce in The New Year Advantageous for Property Division

We are in the midst of the holiday season now, but January is fast approaching. For many Marylanders, a new year can bring a new perspective on marriage – and ultimately can also lead to divorce. January is usually a time for new beginnings, and a large number of couples do choose to split up during this time of year. A variety of emotional, social, and property division factors can weigh heavily in this decision, according to family law experts.

One of the more pragmatic reasons for divorce in January: Your company bonus check has already been put in the bank. If you wait until the first of the year to file divorce paperwork, it can be easier to handle complex matters related to your finances. Waiting until January can assure that this check is labeled as marital property, which means that each person could be entitled to a share. In many states, filing for bankruptcy effectively stops the accrual of marital property, so it often makes financial sense to wait to file.

Further, waiting for the end of the tax year can make a big difference in the quality of your divorce. It can be difficult to act in a rational and fair manner about finances when your tax burden is uncertain. Couples should be sure to plan major decisions, such as which parent can use the tax exemptions for children. You will have a full year to determine your filing status and prepare for the financial changes that lie ahead.

Financial matters related to divorce can make a difference in your future quality of life. Family law attorneys and financial professionals may be able to explain legal options for tax benefits and the division of marital property. These individuals can help clients handle complex matters about property and business division, helping both parties move on to their post-divorce lives faster.

Source: Huffington Post, “Three Reasons Why January May Be the Best Time to File for Divorce” Bari Zell Weinberger, Dec. 11, 2013

Property Division

Spouses Urged to Aid Property Division by Keeping Their Jobs

In today’s modern society, both men and women are free to quit their jobs to stay at home with the kids. For some Maryland residents, this plays out for the best in the long term – but the decision can be disastrous for others. When it comes down to property division during divorce, how do you intend to make ends meet? Experts in the field say that both men and women should do some serious thinking about whether they are prepared for the ramifications of choosing to be a stay-at-home spouse.

Scores of stories and anecdotes support the fact that exiting the job market early can make life far more difficult down the road. Men and women alike have found themselves with very few business assets as they head into their divorce – those assets include marketable skills that will help them make money. As you go through the property division phase of your divorce, it is important for you to remember that you may have special rights as a stay-at-home parent. Dividing property in a fair and rational matter is critical to your post-divorce success.

First, individuals who have stayed at home for several years may be entitled to alimony or other types of support that can help them get back on their feet. If you have been out of the job market for a long time, it is possible that you need more education in order to be competitive and support yourself alone, especially in this down economy. A qualified divorce attorney can handle complex matters like alimony and child support, both of which can ease the burdens of a former stay-at-home spouse.

Even those who are happily married can benefit from taking stock of their personal assets and career options. Although we hope the unthinkable never happens, divorce is a reality for many Maryland couples. Both spouses need to be prepared to support themselves and their children independently if the need arises.

Source: www.huffingtonpost.com, “Married ladies: Don’t quit your day job – ever” Pauline Gaines, Dec. 01, 2013

Child Custody

Work Together for Harmonious Custody Arrangements

Going through a divorce in Maryland can be a trying experience. You may find yourself exhausted, frustrated and overwhelmed by the financial, social and emotional toll that the process takes on you. What if you and your ex could work together, though, to sort out child custody and other agreements without all the hassle? Divorce experts provide specific strategies that can prevent driving your ex-spouse to the breaking point; in return, that person may be more likely to work together for resolution instead of fighting tooth and nail.

In any breakup, spouses will disagree. They are also likely to get angry about the divorce and may shut down all communication with their exes. In situations that involve crafting a visitation schedule and figuring out how to co-parent, silence can be a huge limiting factor. Consider the fact that spouses’ attempts to “stick it to” the other person only end up hurting the children who are caught in the middle. Instead of shutting down communication with your co-parent, try to employ strategies that will allow you to talk only when necessary. At some point, though, you are going to have to make an effort to work together with your ex.

With this in mind, experts also say that it is critical to avoid arguing about custody arrangements in front of the kids. Adults do not have the right to put their own emotions ahead of their children’s needs. Take the time to understand your anger and resentment, and make a good faith effort to simply let those emotions go. Parents who hate each other are actually making life worse for their kids. For the sake of your family, try to grit your teeth and work toward a more functional relationship with your ex.

Ultimately, an angry, high-conflict divorce does nothing to further your needs as a family. Take the time to examine your reasons for being so angry. A comprehensive divorce team that includes a qualified divorce attorney and mental health professional can help you and your ex work toward a co-parenting and visitation schedule that works well for everyone.

Source: www.huffingtonpost.com, “Coping with divorce: 5 things that will drive any divorcee nuts!” Jackie Pilossoph, Nov. 22, 2013

Property Division

NFL Franchise Owner Headed for Divorce

Property division is sometimes the most challenging aspect of a divorce. The discovery and disclosure of assets can be difficult, especially if you have not revisited your financial accounts and holdings for a long period of time. High-asset divorce in Maryland can be fraught with even more obstacles, as couples seek additional help for business assets and property disputes. That makes it all the more impressive when a celebrity couple can execute a quick split in a rational and fair manner.

News reports show that the owner of the NFL’s Indianapolis Colts football team, which was once based in Baltimore, will be divorcing his wife of 33 years. Jim Irsay and his wife Meg had been separated for about a decade, but they have finally decided to formally dissolve their marriage.

The Irsays say that the ownership of the Colts will not be jeopardized in the divorce. Jim has full ownership and control of the team. The couple’s three daughters are all considered vice chairs/owners of the team. The Colts are one of the NFL’s most valuable franchises, with an estimated worth of $1.6 billion. Jim Irsay also ranks high on the personal wealth scale, named number 342 on the Forbes top 400 list in 2012. His personal fortune totals about $1.68 billion.

The divorce petition has not indicated whether the case will proceed to litigation, but it appears that the couple intends to pursue an amicable split. Meg says she will continue with her own career and maintain a strong relationship with the family, while Jim has told the media that he is committed to building the Colts franchise.

Even in cases of high-asset property division, couples can work together amicably to reach an appropriate agreement. No matter how much property you are dividing in your Maryland divorce, a qualified family attorney can help you learn more about your individual rights. This will allow you to maximize the outcome of your divorce case.

Source: www.indystar.com, “Wife of Colts owner Jim Irsay files for divorce” Mike Chappell, Nov. 21, 2013

Child Custody

Surviving the Holidays as a Co-Parent

The holiday season is nearly in full swing. For Maryland families with child custody agreements, that can lead to a lot of headaches. The key to co-parenting during the “holiday shuffle” is flexibility, according to experts. As your Thanksgiving celebrations kick off, consider revisiting your perspective about your holiday traditions. Your family might just be thankful for a more relaxed holiday season.

To survive the holiday madness, consider shifting the celebration of specific holidays to different dates. Although Thanksgiving traditionally falls on the fourth Thursday of November, you can celebrate it at any time. If your custody arrangement does not allow you to have custody of the kids on an actual date, just approximate! Your kids are less likely to be bothered by a date change than by the fact that their parents are fighting over having custody at a specific time.

Also, consider the radical idea that you might want to celebrate family holidays with your ex-spouse. Married or not, you are still both parents to your kids. Why not sweep some of your differences under the rug for an evening to allow your children to be the center of your holiday celebrations? You could create a series of new traditions – perhaps from a past time or culture – that would make each holiday feel new and special under the child custody arrangements.

During the holidays, parents need to be sure to prepare themselves emotionally for some of the loneliness that may sink in when their kids are gone. Still, you can enjoy some delightful alone time, or schedule special activities with friends that do not involve your children.

Holidays when co-parenting are all about being practical. Learn to be flexible and accommodating, and your charitable spirit is sure to shine! The holidays should be a time of love and caring. You can achieve that environment by adopting a flexible attitude toward your child custody arrangements.

Source: www.huffingtonpost.com, “Surviving the Co-Parenting “Holiday Shuffle”” Michelle Crosby, Nov. 18, 2013

Alimony

Is Alimony Considered Offensive to Marylanders?

During your Maryland divorce, you may realize that your financial situation requires you to seek spousal support. Also known as alimony, this particular divorce requirement has traditionally been used to support women who were kept out of the working world because of family obligations. Now, though, alimony is taking a decidedly different slant, with both genders seeking compensation through existing court mandates. Some advocates argue that the gender-neutral nature of our current society should prompt changes in the way that alimony is administered, however. If you are seeking spousal support, some of these wide-reaching reforms could affect your financial agreement with your ex-spouse.

Whether you are a man or woman seeking alimony, you are almost certain to run into some resistance from your ex. Alimony is often difficult to calculate, and the term of the financial support can also be contested. For some, alimony is even considered offensive, even though a large number of divorcees can use the money to maintain their standard of living.

Social change seems to be on the horizon, however, as alimony reformers note the many cases of abuse that exist within the system. Sometimes, ex-spouses choose to cohabitate with a new beau instead of getting married; as a result, they may be able to continue collecting alimony even while they have a two-income household. Some would also argue that the payer is forced to downsize his or her lifestyle after a divorce, while the alimony recipient gets to maintain a similar standard of living.

In addition, advocates for alimony reform say that the system protects those without the motivation to become self-sufficient. Even though some exes are capable of working, they get too comfortable in their alimony situation, sometimes playing the “victim” to get more money.

Ultimately, court-ordered alimony is designed to help ex-spouses get back on their feet financially after a major life change. Each alimony case is different. People who think their alimony payments are unfair, or who are suffering because of low alimony payments, can seek the advice of professional family law attorneys to help them learn more about their rights.

Source: www.huffingtonpost.com, “Is alimony offensive to today’s modern woman or modern man?” Diane L. Danois, Nov. 04, 2013

Property Division

Maryland Spouses Hide Assets During Property Division

One of the most important parts of a Maryland divorce is the negotiation for the distribution of marital assets. Even though many Maryland couples are honest during this process, disclosing all of their holdings and financial assets, some choose to be less than forthcoming when property division is at stake. Spouses are often able to hide business assets and other holdings, which can lead to property disputes during the divorce. Experts say there are a few ways to guarantee that your spouse is being honest during the property division phase of your split.

The easiest document for reviewing and identifying errors is the tax return. Check these returns and 1099 forms to evaluate holdings in Maryland and other bank accounts. Brokerage accounts with dividends may also fall into this category. Sometimes, spouses attempt to hide earnings they have obtained through investment accounts. A simple evaluation of tax records should reveal any dishonesty.

Other financial documents can also provide clues about your spouse’s financial picture. In some cases, these exes fail to fess up to their asset holdings in the financial affidavit, so it is important to double-check statements and pay stubs to ensure your spouse is being honest. You can check public records to find out whether your spouse holds any real estate that has not been disclosed, for example. You should also check your ex’s employment records for income, benefits, stock options and retirement provisions that could impact property division during the divorce.

One of the best tools in an attorneys’ arsenal is the ability to depose a spouse. This means that your ex will be under oath and must tell the truth about his or her true financial picture. If your spouse lies during the deposition, perjury charges could result. At that time, your ex can be approached with suspicious documents. He or she must tell the truth about these statements or risk criminal sanctions.

Do not accept your spouse’s financial affidavit without question. Instead, consider double-checking these and other documents to ensure that you get a fair share of your joint marital property.

Source: www.huffingtonpost.com, “Discovering hidden assets: What your spouse hasn’t disclosed during your divorce” Bonnie Sockel-Stone, Oct. 30, 2013