Author: Cynthia H. Clark

The divorce process can be expensive. Many couples may be searching for ways to save money, especially if they generally agree on the terms of the split. If you and your spouse are one of those couples, you might be wondering if it is a practical idea to use the same divorce attorney.

The short answer is “No.”

If you hire a lawyer to represent you in your divorce, rules of ethics and professional conduct prohibit him or her from representing your spouse as well – as your spouse’s interests are legally in direct conflict with yours. Even if it were allowed, it is a bad idea. Your attorney should be looking out for your best interests, and your best interests alone.

Five ways to expedite your divorce planning

If you are genuinely concerned about the costs associated with your case, there are some steps you can take to make the process move more efficiently.

1. Sit down with your spouse before seeking legal counsel. If you and your spouse are on amicable enough terms to consider using the same attorney, the chances are good that you can sit for a few hours and talk about which items you want to keep, which you will sell, and how you would like to proceed with your Parenting Plan, if you have minor children. The more information you bring to the table, the less time your lawyers will need to spend negotiating on your behalf.
2. Consider working with a mediator. If you and your spouse cannot agree to all of the terms of your divorce, consider working with a third-party mediator to help you work through the more difficult negotiations. While we would not recommend doing this without having first retained counsel, should you go this route, make sure it is part of the plan to present the findings to your individual attorneys once mediation is complete.
3. Work with outside experts if you need help. It may seem counterintuitive, but working with financial experts to get an accurate assessment of your assets, holdings and debts can actually save you time and money. Our firm regularly employs these professionals to assist our clients, but you can work with your financial adviser on your own.
4. Be honest during every part of the divorce planning process. If you exchange information freely and willingly, you can save both time and money by avoiding a lengthy discovery process.
5. File under grounds of mutual consent. Once you are ready to move forward, you can file for mutual consent, which eliminates the 12-month waiting period. This option is only available to you if you and your spouse work out every detail of your divorce, including alimony, asset division and the Parenting Plan, if you have minor children.

If you are going through a divorce, talk to the attorneys at Cynthia H. Clark & Associates, LLC. We can answer your questions about mediation and divorce agreements, and any other family law concerns you may have. To reserve a consultation at our office in Annapolis, please call 410.921.2422 or fill out our contact form.

The state of Maryland recently passed legislation that allows married couples with children to divorce with the mutual consent of both parties.

Before 2015, to receive a no-fault divorce here in Maryland, every couple had to prove that they had lived in separate residences for 12 continuous months, with no sexual relations. “No-fault” means that neither party has to prove one caused the end of the marriage, but that they mutually seek to end the union.

However, many separated couples have found this one-year separation period quite difficult. It can cause financial hardship as well as emotional and psychological stress, as the separation and divorce period can drag on for well over 12 months.

Mutual consent divorce in Annapolis

Then, in October 2015, the Maryland legislature created “mutual consent divorce” so spouses could obtain an absolute divorce. An “absolute divorce” in Maryland is a legal action that completely dissolves the marriage. A “limited divorce,” on the other hand, is a legal status that divorcing spouses can obtain while they are separated, but still married.

The mutual consent divorce allows spouses to avoid the previous 12-month separation period. They simply must file a divorce agreement (created and agreed-upon mutually) that resolves all divorce issues up front. The divorcing spouses file the document, appear in court, and an absolute divorce is granted without having to wait a year.

The rub, however, was that this 2015 legislation was only available for couples without children.

With this recent legislation, however, this has changed. In a recent session, lawmakers in both the House and Senate passed a bill (SB 0120) allowing courts to grant an absolute divorce on mutual consent even if the couple has children.

The new legislation will go into effect in October 2018. When these types of cases are filed with the court, the settlement agreements must include the following:

• How alimony/spousal support will be handled
• Agreement on division of property and assets
• Details on custody agreements and child support

Lastly, both parties must be present at the divorce hearing and they must be in complete agreement on all issues.

The passage of this bill gives couples with children the same opportunities to move on with their lives more quickly to reach to a “new normal,” and allow their children more time to emotionally adjust.

If you are thinking about divorce, or are in the beginning stages of seeking a divorce, the Annapolis divorce attorneys at Cynthia H. Clark & Associates, LLC can help. We advocate only for you and the best interests of your family, and can answer any questions or concerns you may have about the divorce process. To reserve a consultation at our office, please call 410.921.2422 or fill out our contact form.

A lot of couples live together before they get married. Some of them will share bank accounts, or take out loans with both of their names on them. In some cases, one person may financially support the other while he or she goes through school or a career change. But what rights do you have if your husband- or bride-to-be ends the relationship?

The sad truth is, very few. Even if you and your fiancé/fiancée lived together for years, Maryland does not recognize common law marriage, which means there is no official co-mingling of debts or assets, and no recourse if you financially support your partner, who then turns around and breaks up with you. If you both have your name on a car loan or a rental agreement, then you are both responsible for making those payments (unless you can have your name removed), but anything you put into the relationship financially is gone, and there is nothing you can do to recover it. Any “gifts” you gave him or her – and unless there is documentation proving a loan, Maryland will consider them gifts – are his or hers to keep.

That includes payments you made for education, rent, dinner, utilities: the works. Legally, they were not your sole responsibility (or, in some cases, even partially your responsibility, such as with a school loan), and as such, your payments are gifts, which means you have no legal standing to ask for them back.

What about the engagement ring?

This, of course, is the big question: if the relationship ends, who keeps the ring? There are no laws on the books that mandate the ring must be returned to the gifter in the event that the relationship ends before the wedding.

That does not mean the recipient always keeps the ring. Some people may not want to keep it; other couples may choose to sell the ring and split the proceeds. (The Emily Post Institute told USA Today that if the ring is an heirloom, or holds sentimental value to the giver, it is good manners to return it.)

Protecting yourself before you get married

If you and your spouse-to-be live together before you get married, there are a few things you can do to protect yourself in case the relationship ends before you get married:

1. Keep separate, individual bank accounts. Some couples may choose to set up a joint account into which each person contributes money for bills or household-related items. If you go this route, make sure no other money is deposited into that account.
2. Do not co-sign for bank loans, car loans or credit cards. It will make things easier if you decide to go your separate ways.
3. Document any money that is loaned to the other person. If you loan your partner money, make sure it is clearly a loan. It might be worth considering having the document notarized.
4. Have an honest discussion about your finances. Money problems often lead to break ups. Make sure you and your partner are open and honest about your debts, your assets, and what you both think you can contribute to the relationship financially. It does not have to be 50/50, but both of you need to go in with your eyes open.

At Cynthia H. Clark & Associates, LLC, our experienced Annapolis divorce lawyers offer comprehensive services in all family law matters. To reserve a consultation at our office, please call 410.921.2422 or fill out our contact form.

In the hot, balmy days of July, January 1 can seem a long way off – but in reality, it is less than 6 months until the start of the new year. For couples with significant assets and property, or who are in vastly disparate tax brackets, we say this: you might want to bump up your timeline, and settle your divorce before the years ends.

That is because starting January 1, 2019, the tax deduction for alimony payments will be eliminated. This is a blow not only to the person who pays alimony, but to the person who receives it. In many cases, spouses who are ordered to pay alimony were more likely to be generous in these payments, because they could write the support off at the end of the year. Losing that deduction could lead to more hostile, high-conflict divorce proceedings if the payor is advised to fight the amount of support the payee seeks.

To sum it up, if you are dragging your feet, you might end up losing more in the end.

What happens to the tax break if I am already divorced?

Couples who have already divorced will be grandfathered in, so their deduction remains. However, if your alimony is modified at any time in the future, you could lose your tax deduction – but only if you opt into the new laws. Otherwise, your current divorce agreement will function in the same manner.

“Why would anyone opt-in to the new law?” you might be asking. There are two reasons, though only one affects alimony payments:

First, the new tax law allows spouses to use IRAs for lump-sum payments for alimony, which had never been allowed before. Opting-in to the new laws would allow you to take advantage of this. For older couples, this may be a better option, as many IRAs charge a penalty fee if they are closed out early.

Second, the Child Tax Credit has increased under the new tax plan. If your current agreement is based on the existing laws – i.e., your Parenting Plan or custody agreement includes information about who can claim the children for the tax deduction – but you would like to take advantage of the additional credits, you will need to opt-in to the new law.

At Cynthia H. Clark & Associates, LLC in Annapolis, our divorce lawyers want to help you keep what you worked so hard to build. If you have questions about alimony payments and how the new tax plan might affect them, please call 410.921.2422 or fill out our contact form.

Going through a divorce, especially if you are not the one who initiated it, is right up there in the Top Two most stressful life events. According to the Holmes-Rahe Stress Inventory, the only thing more stressful than divorce is the death of your spouse. Dealing with a stressful event such as divorce, and the loss of the relationship that may have helped you define your place in the world, can lead to feelings of sadness and depression.

Pressing the reset button on your life after a divorce can be a challenge, but there are some things you can do to help yourself move forward:

1. Grieve the loss. If you feel sad, feel sad. Trying to deny your feelings or stuff them or medicate them away with food or alcohol is just another way of kicking the problem down the road. Grief is a natural human emotion. You will grieve the hardest about the things you love the most. But the good news is, once you have taken the time to allow the grief to pass, you get a new start. You have given yourself the opportunity to learn whatever you needed to learn from the past so that you can get on with your new life after the divorce.
2. Don’t allow yourself to get stuck in the past. It is easy – and normal – to feel nostalgia for the “good times” after a divorce. But remember that your marriage has ended for a reason. Instead of focusing on what you lost, turn your thoughts to what you might gain, and then celebrate those gains. Maybe you can finally paint the walls the color you like, or listen to the music you want to hear while you clean, or take that trip around the country you’ve waited your whole life to take: the possibilities are endless.
3. Express gratitude for what you have in your life. Are you alive and healthy? Are your children healthy? Do you have a job? Do you have a place to live? Do you have friends and/or family in your life? Make a list of everything in your life that you feel grateful for and keep reminding yourself about it. Expressing gratitude can actually make you happier and healthier, and ease the transition into a positive outlook for the future.
4. Help someone else. Volunteer your time at a local community organization that helps others. Prepare meals for the homeless, read to children at your local hospital, or walk dogs at the local animal shelter. Finding a way to spend your time and energy helping others is an indirect way of helping yourself, because you are the one who gets to experience those feel good emotions that come when you are in service to others.
5. Ask for help. Americans are used to feeling self-sufficient, and we tend to have the idea that you should “never let them see you sweat.” But when you are hurting, and you cannot find your way out on your own, it’s OK to reach out for help. Your request for help gives someone else the opportunity to extend the help that you need, so it’s a win-win.

Please note: While we are happy to share these helpful tips to pull yourself out of your post-divorce blues, if you find that your depression runs deeper than a reaction to your divorce, we cannot underscore enough the importance of getting professional help. Talk to someone you trust about how you are feeling, and find a counselor to help you find your way back to your normal self.

At Cynthia H. Clark & Associates, LLC, our Annapolis divorce attorneys have the knowledge and skills to guide you through the challenges of divorce. Our years of experience give you an advantage during negotiations or litigation. To reserve a consultation at our office, please call 410.921.2422 or fill out our contact form today.

We all know that no one goes into a marriage thinking or intending to get divorced one day. People enter into a marriage with the best of intentions—til death do you part, or at the very least, a long happy marriage. Most people understand that a strong marriage takes work. But if you have given your marriage everything you can and it’s not working, it might be time to think about divorce.

Every couple is unique, every couple’s marriage is unique, and similarly, every couple’s divorce is unique. As divorce attorneys, however, we do see some of the same marital issues come up time and time again when dealing with the end of a marriage.

Common reasons Annapolis couples split up

Below, in no particular order, are six of the top reasons couples commonly separate and divorce.

1. Finances. One of the main reasons couples seek marriage counseling is due to financial issues. Lack of money, differences in spending habits, or even inequality in earning, can lead to power struggles. These struggles can cause deep cracks in the relationship that can be difficult or impossible to repair.
2. Infidelity: Extramarital affairs have led to the breakdown of many marriages. Today, with the prevalence of social media, infidelity can take many forms—not only face-to-face, but online or via text. Of course, the reasons why people might cheat are unique to each couple. For many people, infidelity is the biggest betrayal they can face, and this could be the final blow to an already weakened relationship.
3. Lack of intimacy. Intimacy is not strictly limited to physical touch or sexual relations. It also means having a deep emotional connection. Sometimes we will hear a client describe their relationship with their spouse as being like roommates, or that they spend little time interacting with each other. In a strong marriage, each partner makes the other feel special, and if the intimacy is not there, a relationship is likely in trouble.
4. Constant bickering. All married couples argue; that is perfectly normal. But a lack of resolution is a marriage killer. Many divorcing couples tend to repeat the same arguments—money, kids, work, chores, etc. If couples cannot see each other’s point of view, arguments remain unresolved and resentment grows. When two partners simply cannot see eye-to-eye on anything, divorce may be on the horizon.
5. Addiction. Addiction to alcohol or drugs is another common, and unfortunate, reason people cite for divorce. Addiction can change a person’s priorities by placing alcohol and drug use over their spouse, child, finances, or work. A dependence on alcohol or drugs can put an entire family in danger and is typically the final straw in the decision to end a marriage.
6. Marrying too young. Many couples divorce simply because they married young and were unprepared for the emotional and financial responsibilities of marriage. Research suggests couples who marry in their teens have a greater risk of divorce than couples who marry in their late 20s or early 30s.

The Annapolis divorce lawyers at Cynthia H. Clark & Associates, LLC are ready to advocate for you in all matters of family law. Our legal team is committed to looking out for your best interests. To reserve a consultation, please call 410.921.2422 or fill out our contact form.