Author: Cynthia H. Clark

Divorce

Navigating the Rough Seas: Understanding the Grounds for Divorce in Maryland

Divorce is a difficult process and requires help and guidance. It’s a whirlwind of emotions, legal jargon, and paperwork. And when you’re dealing with the specific laws of Maryland, it can feel like you’re navigating rough seas in a storm. We’re here to help you understand the grounds for divorce in Maryland, and guide you through this challenging journey.

annapolis maryland divorce attorney

The Legal Landscape: Grounds for Divorce in Maryland

No-Fault Divorce: When It’s Nobody’s Fault

In Maryland, a no-fault divorce is granted when both parties agree that the marriage is irretrievably broken. Here’s what you need to know:

  1. Separation: The couple must have lived apart, without cohabitation, for at least 12 consecutive months.
  2. Mutual Consent: If the couple has a written settlement agreement, they can file for a no-fault divorce without the separation period, whether or not they have minor children.

Fault-Based Divorce: When The Blame Game Comes Into Play

Maryland also recognizes fault-based grounds for divorce. These include:

  1. Adultery: Adultery is one of the most emotionally charged grounds for divorce. It involves a spouse engaging in a sexual relationship outside the marriage. Proving adultery can be a complex process, as it requires clear and convincing evidence. This could include witness testimonies, photographs, or other forms of evidence. It’s important to note that the act of adultery can have significant implications on the division of marital assets and alimony in divorce proceedings. However, the impact varies depending on the specific circumstances and the laws of the jurisdiction.
  2. Desertion: Desertion, also known as abandonment, occurs when one spouse leaves the marital home without the consent or agreement of the other spouse, with the intent to end the marriage. The deserted spouse must not have provoked the desertion, and a 12-month period of continuous desertion is required for it to be a ground for divorce. Desertion can be a challenging ground to prove, as it involves demonstrating and proving the deserter’s intent to end the marriage. It’s also worth noting that constructive desertion, where one spouse’s behavior forces the other to leave, can also be a ground for divorce. A 12-month period is also required for constructive desertion.
  3. Conviction of a Crime: If a spouse is convicted of a crime, it can serve as a ground for divorce. The specifics can vary, but generally, the crime must be of a certain severity, resulting in imprisonment of at least three years. Additionally, a spouse must also serve at least twelve months of a sentence prior to the other spouse filing for divorce. The conviction of a crime can add a layer of complexity to the divorce process, particularly when it comes to issues like child custody. It’s crucial to consult with a knowledgeable attorney to understand the potential implications of this ground for divorce.
  4. Insanity: Insanity is a less common but still valid ground for divorce. It involves a situation where a spouse has been diagnosed with a mental illness and has been confined to a mental institution for at least three years prior to filing for divorce, along with other requirements. This ground for divorce can be particularly complex and emotionally challenging, as it involves sensitive health information and stringent legal requirements.
  5. Cruelty or Excessively Vicious Conduct: This ground for divorce involves cases where one spouse has been physically abusive or cruel to the other, or to the minor child(ren), to the extent that cohabitation is unsafe or unbearable, resulting in no reasonable expectation of reconciliation. This could include physical violence, emotional abuse, or other forms of harmful behavior. Proving cruelty or excessively vicious conduct requires substantial evidence, including but not limited to medical records, photographs of injuries, and witness testimonies. It’s important to remember that anyone experiencing this type of behavior should seek immediate help from local authorities or a domestic violence hotline.

Each of these grounds comes with its own set of legal requirements and evidentiary standards.

Strategies for Navigating Your Divorce

Understanding the Legal Process

Divorce in Maryland involves several steps, from filing the complaint to the final divorce decree. Understanding this process can help you navigate your divorce journey effectively.

Seeking Legal Counsel

Having an experienced lawyer by your side can make a world of difference in your divorce proceedings. They can guide you through the legal maze, advocate for your rights, and help you achieve a fair outcome.

Divorce is not easy, but with the right information and legal guidance, you can navigate this challenging process with confidence.

FAQs

Can I file for a no-fault divorce in Maryland if my spouse doesn't agree?

If your spouse doesn’t agree, you can still file for a no-fault divorce on the grounds of a 12-month separation if no other grounds are available.

What evidence is needed to prove adultery in a Maryland divorce?


Proving adultery in a Maryland divorce requires clear and convincing evidence. This can include witness testimony, photographs, or other forms of evidence.

What evidence is needed to prove adultery in a Maryland divorce?

Proving adultery in a Maryland divorce requires clear and convincing evidence. This can include witness testimony, photographs, or other forms of evidence.

Military Divorce, Military Family Law

Navigating the Battlefield: A Comprehensive Guide to Military Divorce Property Division

Everyone knows that divorce is a whirlwind of emotions, legal jargon, and, of course, the dreaded property division. But when you throw in the military aspect, it’s like adding fuel to the fire. Military divorce property division is its own set of rules and regulations.

We’ll walk you through the ins and outs of military divorce property division, from the unique factors at play to the legal considerations you need to keep in mind.

Dividing a Military Pension in Maryland Divorce

The Basics of Military Divorce Property Division

What Makes Military Divorce Different?

Military divorces aren’t your run-of-the-mill separations. Here’s why:

  1. Jurisdiction: This is a fancy term for where the divorce proceedings take place. In military divorces, determining jurisdiction can be difficult. It could be where the military member is stationed, where they claim legal residency, or where the spouse resides.
  2. Military Benefits: The military offers a slew of benefits, from pensions to healthcare. These can complicate the property division process.
  3. Federal Laws: Military divorces are governed not only by state laws but also by federal laws. This dual jurisdiction can make things more complicated.

The Uniformed Services Former Spouses’ Protection Act (USFSPA)

The USFSPA determines military divorce property division. It’s the federal law that allows state courts to divide military retirement pay as a marital asset. The law has specific rules and limitations.

The Nitty-Gritty of Property Division

The 10/10 Rule

Dividing a military pension. It’s a complex process governed by the “10/10 Rule.” This rule states that for the Department of Defense to make direct payments to a former spouse, the couple must have been married for at least 10 years, overlapping with 10 years of service. However, if you don’t meet the 10/10 Rule, you may still be entitled to a portion of the pension. It just means the payments won’t come directly from the DoD.

Other Military Benefits

Military benefits aren’t just limited to pensions. They also include:

  • Commissary and Exchange Privileges: These are shopping benefits at military stores. They’re usually retained if the spouse meets the “20/20/20 Rule” (20 years of marriage, 20 years of service, and 20 years of overlap).
  • Healthcare Benefits: These can be retained under the 20/20/20 Rule or the “20/20/15 Rule” (15 years of overlap).

Navigating the battlefield of military divorce property division can be difficult. But remember, knowledge is power. Understanding the unique factors at play, the legal considerations and the division of military benefits can help you strategize effectively.

Military divorce property division is not simple, but with the right information and legal guidance, you can ensure a fair division of assets. After all, this challenging period can lead to a new chapter of financial independence and stability.

With the right resources and support, you can navigate this complex process and come out on the other side stronger and more resilient.

FAQs

What happens to the family home in a military divorce?

The family home can be divided based on state laws and the specific circumstances of the divorce. It’s not a one-size-fits-all answer.

Can a former spouse receive both a portion of the military pension and alimony?

Can a former spouse receive both a portion of the military pension and alimony?
A: Yes, A former spouse can receive both a portion of the military pension and alimony. However, the specifics depend on various factors like the length of the marriage, the spouse’s income, and specific state laws.

How is child support determined in a military divorce?

How is child support determined in a military divorce?
A: Child support in a military divorce is typically determined by state guidelines. However, the military does have regulations in place to ensure that service members fulfill their family support obligations.

Divorce

Divorce and Mental Health: How to Cope with the Emotional Stress of Divorce and Prioritize Your Mental Health

Divorce can be a stressful and emotional process, with a range of complex legal, financial, and personal issues to navigate. It’s not uncommon for individuals going through a divorce to experience a range of emotional and mental health challenges, including depression, anxiety, and stress. In this article, we will explore the connection between divorce and mental health and provide guidance on how to cope with the emotional stress of divorce and prioritize your mental health.

annapolis maryland divorce attorney

The Link Between Divorce and Mental Health

Divorce can be a traumatic event that can have a significant impact on mental health. In fact, research has shown that individuals who go through a divorce are at a higher risk of developing mental health problems, such as depression, anxiety, and substance abuse.

There are a number of factors that can contribute to the link between divorce and mental health, including:

  1. Loss of social support: When a couple divorces, they often lose the social support network that they had as a couple. This loss of support can be particularly challenging for individuals who are already dealing with mental health issues.
  2. Financial stress: Divorce can be a financial strain on both parties, and financial stress can exacerbate mental health problems.
  3. Uncertainty: Divorce can bring a great deal of uncertainty and unpredictability, which can be difficult for individuals who struggle with anxiety or depression.
  4. Changes in routine: Divorce can disrupt an individual’s routine and sense of stability, which can contribute to feelings of anxiety and stress.

How to Cope with the Emotional Stress of Divorce

Coping with the emotional stress of divorce is critical for maintaining positive mental health and well-being. Here are some strategies for coping with divorce-related stress:

  1. Seek support: It’s important to seek support from friends, family, or a therapist during the divorce process. Talking about your feelings and concerns can help you process your emotions and feel less alone.
  2. Take care of yourself: It’s important to prioritize self-care during the divorce process. This may involve getting enough sleep, eating well, and exercising regularly. Taking care of yourself physically can help you feel better emotionally.
  3. Practice mindfulness: Mindfulness practices, such as meditation or deep breathing exercises, can help reduce feelings of anxiety and stress.
  4. Focus on what you can control: There may be many aspects of the divorce process that you cannot control, but focusing on what you can control can help reduce feelings of helplessness and uncertainty.
  5. Consider therapy: If you are struggling with mental health issues during the divorce process, it may be helpful to consider therapy. A therapist can provide support and guidance as you navigate the emotional challenges of divorce.

Prioritizing Mental Health During Divorce

In addition to coping with divorce-related stress, it’s important to prioritize mental health during the divorce process. Here are some strategies for prioritizing mental health:

  1. Take breaks: It’s important to take breaks from the divorce process and engage in activities that you enjoy. This can help reduce stress and provide a sense of balance and normalcy.
  2. Set boundaries: Setting boundaries with your ex-partner can help reduce conflict and protect your mental health. This may involve setting limits on communication or establishing clear boundaries around co-parenting.
  3. Be kind to yourself: Divorce can be a challenging and emotional process, and it’s important to be kind to yourself. This may involve giving yourself permission to feel sad or angry or seeking help when you need it.
  4. Stay focused on the future: While divorce can be a difficult process, it’s important to stay focused on the future and the opportunities that lie ahead. Focusing on positive aspects of your life can help you maintain a sense of hope and optimism.
  5. Stay organized: Staying organized and keeping track of important documents and deadlines can help reduce stress and provide a sense of control during the divorce process.

Divorce can be a difficult and emotional process, and it’s important to prioritize your mental health and well-being during this time. By understanding the link between divorce and mental health, and taking steps to cope with the emotional stress of divorce, you can protect your mental health and well-being. Remember to seek support, take care of yourself, and prioritize your mental health as you navigate the divorce process.

If you’re struggling with mental health issues related to divorce, it’s important to seek help from a licensed mental health professional. They can provide guidance and support as you navigate this challenging time in your life. With the right support and resources, you can emerge from the divorce process with a strong sense of resilience and a renewed focus on your mental health and well-being.

Child Custody

Grandparent Rights in Divorce Cases: Understanding the Rights of Grandparents in Custody and Visitation Disputes

Grandparents play an important role in the lives of their grandchildren: they provide love, support, and guidance. However, when a divorce occurs and custody and visitation disputes arise, grandparents may find themselves struggling to maintain their relationships with their grandchildren. In this article, we will explore the rights of grandparents in custody and visitation disputes and provide guidance on how to protect those rights.

maryland grandparents rights lawyer

Understanding Grandparent Visitation Rights

Grandparents do not have an automatic right to visitation with their grandchildren. Grandparents must petition the court for visitation rights. The court will consider a number of factors when determining whether or not to grant grandparent visitation, including:

  1. The nature and extent of the grandparent-grandchild relationship: The court will consider the quality and history of the relationship between the grandparent and grandchild, as well as the role the grandparent has played in the child’s life.
  2. The parents’ wishes: The court will consider the wishes of the child’s parents regarding grandparent visitation. If both parents are opposed to grandparent visitation, it may be more difficult to obtain.
  3. The child’s best interests: The court will always consider the best interests of the child when making decisions about custody and visitation. If the court determines that grandparent visitation is in the child’s best interests, it may be granted.

It’s important to note that grandparent visitation rights vary by state, and some states have stricter requirements for granting visitation rights than others.

Understanding Grandparent Custody Rights

In addition to visitation rights, grandparents may also have the right to seek custody of their grandchildren in certain circumstances. Grandparents can seek custody if:

  1. The parents are unfit: If both parents are deemed unfit, either due to neglect, abuse, or substance abuse issues, the court may award custody to the grandparents.
  2. The parents are deceased: If both parents have died, the grandparents may be awarded custody of the child.
  3. The child has lived with the grandparents for a significant period of time: If the child has been living with the grandparents for a significant period of time and has developed a strong attachment to them, the court may award custody to the grandparents upon considering the best interest of the child.

It’s important to note that seeking custody of a grandchild can be a difficult and emotional process, and it’s important to work with an experienced lawyer who can guide you through the legal process.

Protecting Grandparent Rights

If you are a grandparent who is concerned about your rights in a custody or visitation dispute, there are several steps you can take to protect those rights:

  1. Stay involved: It’s important to maintain a relationship with your grandchildren, even if there is a dispute between the parents. Regular phone calls, visits, and letters can help strengthen your relationship with your grandchildren and show the court that you are committed to their well-being.
  2. Document your relationship: Keep a record of your visits, phone calls, and other interactions with your grandchildren. This documentation can be used to support your case in court.
  3. Seek legal advice: If you are concerned about your rights as a grandparent, it’s important to seek legal advice from an experienced lawyer who can help you understand your options and protect your rights.
  4. Be supportive: It’s important to be supportive of your grandchildren and avoid taking sides in custody disputes. This can help ensure that your relationship with your grandchildren remains strong and can help support your case in court.

Grandparents play an important role in the lives of their grandchildren, but they may find themselves struggling to maintain their relationships with their grandchildren during a divorce and custody dispute. By understanding grandparent visitation and custody rights and taking steps to protect those rights, grandparents can help ensure that their relationships with their grandchildren are preserved.

Remember, seeking visitation or custody rights as a grandparent can be a complex legal process. It’s important to work with an experienced lawyer who can guide you through the process and advocate for your rights and interests. With the right guidance and support, you can protect your relationship with your grandchildren and ensure that they continue to receive the love, support, and guidance that you provide.

Child Custody

Child Custody Evaluations: What to Expect During a Custody Evaluation and How to Prepare for One

Child custody evaluations are a critical part of the divorce process. They can help determine the best interests of the child and ensure that custody arrangements are fair and appropriate. In this article, we will explore what you can expect during a custody evaluation and provide advice on how to prepare for one.

child custody lawyer

What to Expect During a Child Custody Evaluation

During a custody evaluation, a neutral third-party evaluator will gather information and make a recommendation to the court on the best custody arrangement for the child. The evaluator may use a variety of methods to gather information, including:

  1. Interviews: The evaluator may interview both parents, the child, and other individuals who are involved in the child’s life, such as teachers, doctors, and caregivers.
  2. Observations: The evaluator may observe the interactions between the child and each parent to assess the quality of the relationship and the parenting skills of each parent.
  3. Records review: The evaluator may review school records, medical records, and other relevant documents to gather additional information.

After gathering all the necessary information, the evaluator will make a recommendation to the court regarding the custody arrangement that is in the best interests of the child.

How to Prepare for a Custody Evaluation

Preparing for a custody evaluation can be a daunting task, but there are several steps you can take to make the process go as smoothly as possible:

  1. Be cooperative: It’s important to be cooperative and respectful throughout the custody evaluation process. This will show the evaluator that you are willing to work with them and that you are committed to the best interests of the child.
  2. Be prepared: Make sure you are prepared for each meeting with the evaluator. Bring any relevant documents or information that you think will help your case.
  3. Be honest: It’s important, to be honest with the evaluator. Trying to hide information or misrepresenting the facts can harm your case and damage your credibility.
  4. Be respectful: Always be respectful and courteous to the evaluator, even if you disagree with their recommendations. Remember that they are there to help determine the best interests of the child.
  5. Work with a lawyer: It’s important to work with a lawyer who has experience with child custody evaluations. We can provide you with specific advice and guidance based on the details of your case.

Child custody evaluations are an important part of the divorce process, but they can be stressful and intimidating. By understanding what to expect during a custody evaluation and how to prepare for one, you can help ensure the best possible outcome for your case. Remember to be cooperative, prepared, honest, and respectful throughout the process and to work with an experienced lawyer who can provide you with guidance and support.

Divorce

The Role of Social Media in Divorce Cases: Understanding How Social Media Can Affect the Outcome of a Divorce Case

Social media has become a ubiquitous part of our daily lives. We use it to connect with friends and family, share our thoughts and experiences, and even conduct business. However, social media can also have a significant impact on divorce cases. In this article, we will explore the ways in which social media can affect the outcome of a divorce case and provide advice for couples who are currently in a divorce or thinking about one and are active on social media.

Divorce in a Time of Facebook

How Social Media Can Affect Divorce Cases

Social media can affect divorce cases in several ways. First and foremost, social media posts and messages can be used as evidence in court. For example, a post or message that shows a party engaging in illicit behavior, such as infidelity or drug use, can be used to discredit that party’s character and potentially impact the outcome of the case.

Secondly, social media can also impact child custody and visitation arrangements. Posts that show a party engaging in inappropriate or dangerous behavior, such as excessive drinking or drug use, can be used to argue that the party is not fit to have custody or unsupervised custodial time with the children.

Finally, social media can also impact property division and spousal support arrangements. Posts that show a party engaging in lavish spending or living beyond their means can be used to argue that they do not need as much financial support or assets as they are requesting. Alternatively, it can be used to show that a party being asked to pay financial support to a spouse has the financial wherewithal to do so.

Advice for Couples in a Divorce or Thinking About One and Currently Active on Social Media

If you are currently in a divorce or thinking about one and are active on social media, there are several things you can do to protect yourself:

  1. Be mindful of what you post: Think twice before posting anything on social media that could be used against you in court. Avoid posting anything that could be seen as inappropriate or damaging to your case.
  2. Keep your accounts private: Consider making your social media accounts private, so only your closest friends and family can see your posts.
  3. Think before you message: Be cautious when sending private messages on social media. Remember that anything you say can be used as evidence in court.
  4. Don’t delete anything: If you have already posted something that could be damaging to your case, do not delete it. Deleting posts or messages can be seen as an attempt to hide evidence and can make you look suspicious.
  5. Consult with a lawyer: If you are unsure about how social media could impact your divorce case, it’s important to consult with a lawyer. We can provide you with specific advice and guidance based on the details of your case.

Social media has become an important part of our lives, but it’s important to remember that anything we post online can potentially be used against us in a divorce case. If you are currently in a divorce or thinking about one and are active on social media, it’s important to be mindful of what you post and how it could impact your case. By following the advice outlined in this article and consulting with a lawyer, you can help protect yourself and ensure the best possible outcome for your case.

Alimony

Navigating Alimony: What You Need to Know About Spousal Support

Spousal support, also known as alimony, is a payment made by one spouse to the other during and/or following a divorce. The purpose of alimony is to help the receiving spouse maintain their standard of living during divorce litigation and/or following the end of the marriage. In this article, we will provide comprehensive information on navigating alimony and help you understand the factors that determine spousal support awards.

maryland divorce alimony lawyer

What is Alimony and How Does it Work?

Alimony is a court-ordered payment made by one spouse to the other during and/or following a divorce. The purpose of alimony is to help the receiving spouse maintain their standard of living during divorce litigation and/or following the end of the marriage. Alimony can be awarded as a lump sum or as ongoing payments, and the amount and duration of the award can vary depending on the individual circumstances of each case.

Factors That Determine Alimony Awards

There are several factors that a court will consider when determining an alimony award, including:

  1. The length of the marriage;
  2. The age and health of both spouses;
  3. The earning capacity of each spouse;
  4. The standard of living established during the marriage; and
  5. The contributions of each spouse to the marriage, including non-monetary contributions such as homemaking and child-rearing.

Types of Alimony

There are several types of alimony that a court may award, including:

  1. Temporary alimony: This type of alimony is awarded during divorce proceedings to help the receiving spouse maintain their standard of living while the divorce is pending.
  2. Rehabilitative alimony: This type of alimony is awarded to help the receiving spouse become self-sufficient after their divorce litigation has concluded. It is typically awarded for a limited time and the amount is intended to help the receiving spouse obtain the education or training necessary to become self-sufficient.
  3. Permanent alimony: This type of alimony is awarded following a long-term marriage and is intended to help the receiving spouse maintain their standard of living following the divorce. Permanent alimony can be awarded in a lump sum or as ongoing payments.

How to Negotiate Alimony

In many cases, alimony awards can be negotiated between the two spouses without the need for a court hearing. This can save both spouses time and money and provide a more customized solution that meets the needs of both parties. When negotiating alimony, it is important to consider the factors that a court would consider when determining an alimony award and to come to an agreement that is fair to both parties.

Modifying or Terminating Alimony

In some cases, a court may modify an alimony award due to a change in circumstances, such as a change in a parties’ expenses, if the parties’ Court Order so permits. An alimony award may also be terminated if a party’s circumstances meet certain statutory criteria or terms set forth in the parties’ Judgment of Divorce.

Conclusion

Navigating alimony can be complicated, but it is important to understand the factors that determine alimony awards and the various types of alimony that may be awarded. Whether you are negotiating alimony with your spouse or seeking a court-ordered alimony award, it is important to work with an experienced family law attorney like us at Cynthia H. Clark and Associates to ensure that your rights and interests are protected.

Divorce, Legal Separation

Conquering Separation Anxiety: A Guide to Navigating Maryland Divorce with Confidence

Going through a divorce is a difficult and emotional time for many people. It can be overwhelming to think about ending a marriage and starting a new chapter in life. It is normal to feel anxious about the future, especially when it comes to divorce. Separation anxiety can manifest in many different ways, such as feeling worried, panicked, or uncertain about what lies ahead. However, it is important to understand that these feelings are normal and that you are not alone in your experience. Cynthia H. Clark and Associates, isn’t just a law firm in Maryland, we’re people too who have witnessed the anxiety caused by a divorce first hand, and we’re here to provide support and guidance during this challenging time.

Separation anxiety

Here are some tips for managing separation anxiety and preparing for a Maryland divorce:

  • Seek Support: One of the most effective ways to manage separation anxiety is to reach out for support from loved ones, friends, family, or a therapist. Talking about your feelings with someone you trust can help you process your emotions and provide a sense of comfort during this difficult time. Surrounding yourself with supportive people who care about you can help you feel less alone and more empowered to handle the challenges of divorce.
  • Create a Plan: Having a clear understanding of the steps involved in the divorce process, as well as a timeline, can help you feel more in control and reduce stress. When you have a plan, you know what to expect and can take the necessary steps to prepare yourself for each stage of the process. Your plan should include a timeline for important deadlines, a list of documents and information you need to gather, and a list of goals for the outcome of your divorce.
  • Educate Yourself: Understanding the laws and procedures of divorce in Maryland is important for making informed decisions and knowing what to expect during the process. Doing your research will give you a better understanding of the legal system, your rights, and the steps you need to take to protect your interests. You can also consult with an attorney to learn more about the process and how you can prepare yourself.
  • Focus on Self-Care: Taking care of your physical and emotional well-being during this time is crucial. Engaging in activities you enjoy, practicing mindfulness, or seeking therapy can help you manage stress and anxiety, and boost your overall sense of well-being. Exercise, eating a healthy diet, and getting enough sleep are also important for maintaining physical and mental health during this time.
  • Hire an Experienced Divorce Attorney: An experienced divorce attorney can guide you through the process, advocate for your rights, and help you reach a fair settlement. Your attorney can also help you understand the legal aspects of divorce, such as property division, alimony, and child custody. By hiring an attorney, you can ensure that your rights are protected and that you have a strong advocate on your side.

At Cynthia H. Clark and Associates, we’re people too so we fully understand that divorce is a difficult and emotional time for many people. Our experienced divorce attorneys are here to provide support and guidance during this challenging time. We are committed to helping our clients navigate the divorce process and ensuring that their rights are protected. Contact us today to schedule a consultation and learn more about how we can help you with your Maryland divorce.

In conclusion, separation anxiety is a normal response to the stress and uncertainty of divorce. By seeking support, creating a plan, educating yourself, focusing on self-care, and hiring an experienced divorce attorney, you can manage your anxieties and prepare yourself for the divorce process in Maryland. At Cynthia H. Clark and Associates, we are here to provide support and guidance during this challenging time.

Contact us today to learn more about how we can help you.

Child Custody

Difference between sole and joint custody

What is the difference between sole and joint custody?

sole and joint custody

Many have heard the terms “sole custody” and “joint custody”; however often times the meanings and implications of same are misunderstood. Joint custodial arrangements (physical and legal) are certainly more common than sole arrangements and are in most instances preferred by the Courts. In these arrangements, the parties share time with the children and have to consult with one another when making decisions regarding the children. However, a parent may be able to obtain sole custody dependent upon the particular details of their specific situation.

Sole custody means that one parent has exclusive legal and primary custody rights with respect to their minor child or children. The minor child or children primarily reside with the parent with sole physical custody, and that parent does not have to consult the other when making decisions for the children as they have sole legal custody.  A parent usually obtains sole legal and physical custody if the other parent is deemed to be unfit, which sometimes occurs in cases of drug or child abuse. Though a parent may have sole custody, this does not mean, and it is rarely the case, that the other parent does not have visitation rights with the minor child or children.

 Cynthia H. Clark & Associates, LLC is an Annapolis-based family law firm serving clients throughout the state of Maryland. If you are experiencing custodial issues with your partner regarding your children, please contact our firm to reserve a consultation time at our office

Divorce

Things to keep in mind when healing after a divorce

 When a marriage comes to an end, no matter how long it lasted, it can be a very difficult time for all involved. Often times the healing that occurs after a divorce can feel just as stressful as the divorce itself. One may wish for what used to be, one may choose to harbor resentment towards their ex-spouse or one may replay the failed relationship over and over again their minds to attempt to figure out why the marriage ended.

  Healing after a divorce is certainly a process that is different for each person. Jennifer Twardoski, a relationship coach and blogger for The Huffington Post, offers some things to keep in mind when healing after a divorce:

  • Healing takes time and patience. The length of time it takes one to heal can be days, months or years. For others, they may never truly fully heal. Be compassionate with yourself and give yourself the full amount of time you need to heal – do not base your period of healing off of what others have experienced.
  • Analyzing and replaying what happened over and over again is not going to change anything or make you feel better. This is not healthy as you are remaining attached to your suffering, which keeps you out of the present. You can get worn down physically as you put yourself through the grieving process over and over again.
  • Forgiveness is key.  Forgive not only your ex-spouse, but yourself. Even if you feel you are not able to do so, simply saying out loud “I forgive you”, despite whether or not you mean it, will aid in your healing process.
  • No relationship fully ends – it just changes form. Even though you are no longer married to your ex-spouse, the relationship doesn’t end. It has, at one time, existed and therefore continues to impact your life. If you have children with ex-spouse, you will continue to forever have a relationship with them. It will just be in a different form. When you come to accept the new state of the relationship, the healing can begin.

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