Author: Cynthia H. Clark

Divorce

The Battle for the Embryo Wages On

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When a couple divorces, one of the first things they must do is decide how to divide their assets. If they are parents, they must also decide how to “divide” their time with their children, so that both parents have quality parenting time, and can contribute to the children’s well-being and growth. Both of these divisions are important, and even the most amicable of couples can find themselves at odds when it comes time to make the decisions.

For some divorcing couples, however, these two very different factors are part of a larger issue. When a couple decides to freeze viable embryos, and then later decides to divorce, there are additional issues. The Washington Post recently reported on a Colorado couple named Drake and Mandy Rooks. When they divorced, the judge gave custody of the children to Mandy – but custody of the embryos went to Drake. Now, she is fighting to keep them frozen, while he wants them to be destroyed.

The courts have struggled with this for years

Maryland first addressed the issue of “who keeps the embryos” five years ago, when a woman lost custody of her living children, but was granted the right to keep the embryos: Anong v. Mbah. A similar debate made national headlines in 2015, when actress Sofia Vergara and her ex-boyfriend battled over whether the embryos could be destroyed. (The lawsuit filed against her by her ex was recently dismissed by a federal judge.) No precedent-setting decision or final ruling has been handed down, which means different judges in different jurisdictions in different states can rule however they wish.

But perhaps not for long. The Post reports that the Rooks’ case will be heard by the Colorado Supreme Court and an appeal, if any, could possibly go to the Supreme Court – and that means a ruling all judges will have to follow.

Protecting yourself if you and your partner have frozen embryos

As the technologies for fertility advance, so do the legal issues. While no couple likes to think their marriage will end in divorce, it is better to be safe than to be sorry. There are a few steps you can take if you and your partner have frozen embryos for later use:

  1. You could create a contract with the fertility clinic that designates who has the right to decide what happens to the embryos in the event of a divorce, or a change in your marriage.
  2. You can leave it in the hands of the court. (This is what enabled Drake Rooks to be awarded the embryos.)
  3. You can terminate your parental rights to any children born from the embryos, as part of the divorce agreement.
  4. You can donate the embryos to a couple who cannot conceive on their own.
  5. You can create a pre-nup or post-nup that designates what happens to any embryos you and your partner may choose to freeze.

At this point, you and your ex-spouse have a good deal of freedom when it comes to designating what happens with frozen embryos. While this might seem intimidating, it also grants you the freedom to be more creative than the courts might otherwise be.

At Cynthia H. Clark & Associates, LLC, we understand that complex issues like these can lead to unanticipated challenges. Our skilled team of divorce lawyers is equipped to guide you through the divorce process, and help you start a new life. To learn more about our services, or to schedule a consultation in our Annapolis office, please call 410.921.2422, or fill out our contact form.

Divorce

What Do I Need to Do before Filing for a Divorce in Maryland?

Before filing for divorce, you would want to schedule an appointment with an attorney in our office to discuss the following issues. One, you want to make sure that you are a resident of the state of Maryland for at least six months. Two, you will want to ensure that you have grounds for divorce, and when you come in to meet with us, we can discuss which grounds apply to your particular set of circumstances. Three, you want to have an awareness as to those assets you and your spouse own both jointly and individually. And four and probably most importantly, you want to have a knowledge of your expectation for your children and their circumstances. At our meeting when you come in to meet with us, we can discuss these in further detail.

Cynthia H. Clark & Associates, LLC is an Annapolis-based law firm representing clients throughout Maryland. To reserve a consolation time with an experienced divorce lawyer from our firm, please call 410.921.2422, or fill out our contact form.

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Divorce

How Much Does It Cost to Get a Divorce?

Ah, attorneys’ fees. Clients always want to know what they can expect in terms of attorneys’ fees and I ask them, “How much does the house cost?” Because the answer to both questions is: It depends. If you have a house and a retirement, it’s going to be much easier and less expensive than if there is a complicated business to be valued. It depends upon the issues as well as how much you and your spouse disagree about what’s fair.

We always try to keep our eye on the fees compared to the value of what it is you’re fighting about, and we try to keep you focused on that as well. If you’d like to discuss the issues in your case, including fees, we would be very happy to talk to you about that. Please call our office and make an appointment.

Cynthia H. Clark & Associates, LLC is based in Annapolis, and represents clients throughout Maryland, offering comprehensive counsel and support. To reserve a consolation time with a divorce attorney from our firm, please call 410.921.2422, or fill out our contact form.

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Divorce

Five Important Factors in a High Asset Divorce

high net asset divorce lawyer in maryland

Facing the prospect of a high net worth divorce can be daunting. Your mind might be brimming with questions about how to get through the divorce without losing everything you have worked so hard to build and preserve. If you are living in Anne Arundel County and facing the prospect of a complex divorce, you are not alone. While Marylanders can boast the 3rd highest median household income in the country, according to a real estate market trend report, Anne Arundel County is home to seven of Maryland’s 50 most expensive zip codes. Whether you live on Gibson Island, or in Annapolis proper, you face some unique challenges when it comes to divorce.

First, couples with substantial assets can see significant levels of conflict – and that can lead to increased costs and fees. When you have substantial assets, it is easy to feel as though you have to fight, fight, fight to keep them. Sometimes, this may be the case – but it need not be. The lower the level of conflict, the lower your associated costs will be. Mediation is a smart option for working out a divorce agreement. It is faster, less expensive, and completely confidential. It also forces you to consider what means the most to you, and encourages compromise.

The second concern is if, in anticipation of divorce, one spouse has been hiding marital assets. A study conducted by the National Endowment for Financial Education reports that about 31% of spouses who combine assets report that they have been deceptive about money, and another 58% admitted to hiding money from their spouse. Hidden assets are common enough in high net worth divorces, so a skilled divorce attorney knows where to look and how to work with forensic accountants and other experts to make sure that all the marital resources are inventoried and available for an equitable division.

The third factor applies to business owners. If one party owns a business or professional practice, it may still be considered marital property. If the company is beholden to shareholders, or if multiple parties own and/or manage the business, proper and exact valuation is critical to ensure that all parties are satisfied. We often work with business appraisers and forensic accountants to determine the value of the business or practice, and determine the marital interest that each party has in the business.

Fourth, remember that both your and your spouse’s retirement accounts will be subject to equitable division in the divorce. Even if you had the job before you were married and had already been contributing to your retirement account, the value of your retirement account which has accumulated from the date of your marriage until the divorce is granted is considered marital property, and is subject to division. While they are not likely to be split at the time of the divorce, your divorce lawyer can draft qualified domestic relations orders (QDROs) that ensure you will receive your share at a future date.

Finally, you should know that your child care costs could be higher than you think. When parents have a monthly combined adjusted income that exceeds $15,000 per month, the regular Maryland child support guidelines will not always serve as a cap on child support. In cases where the parents have high incomes, the court has broad discretion when deciding child support obligations. They may consider the standard of living the child enjoyed when their parents were married, and set an amount for child support that is in the best interest of the child.

At Cynthia H. Clark & Associates, LLC we are a team of experienced Annapolis divorce attorneys who are here to protect your interests in a high net worth divorce. You are welcome to give us a call at 410.921.2422 or fill out our contact form and schedule a case review today.

Divorce

How Long Does It Take to Get a Divorce?

A question that we are often asked by potential clients, and also our current clients, is “How long will it take till I am divorced?” There unfortunately is no clear answer to this question. However, if you and your spouse have executed that resolves all issues pended between the two of you, and you do not have children together, you can file for divorce immediately. After you file for divorce, you may be able to be divorced within two to three months of the date of your filing.

If you and your spouse have executed an agreement that resolves all issues between the two of you, however, you have children together, you have to wait at least a year before you file for divorce. But then once you file, since you have an agreement, the divorce process may take maybe two to three months before you’re finally divorced.

If you and your spouse do not have an agreement, your divorce matter could take maybe one to two years depending upon the circumstances in your matter. Please free to contact our office so that we can set up a consultation to personally discuss the specific circumstances in your matter.

You can reach the Annapolis divorce lawyers at Cynthia H. Clark & Associates, LLC by calling 410.921.2422, or filling out our contact form to reserve a consultation at our office. We proudly serve clients throughout Maryland.

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10 Co-Parenting Tips for Handling Your First Holidays After Divorce

Co-Parenting Tips

The first holiday season after a divorce can open a whole new can of emotions for you and for your children. The challenging part about the winter holidays is that they are centered around family traditions. When your family has recently been broken apart, those wounds can still be fresh, and you may find the period of adjustment is longer than you thought it would be.

To give you a head start – and a bit of inspiration – here are 10 co-parenting tips for braving the first holiday season after your divorce:

1. Put your child’s needs first.

You and your former spouse are the ones who decided to end the marriage, but your child might feel as though you or your former spouse broke up the family. If you can, sit down together to discuss ways to avoid the awkwardness of your first holiday apart, and answer any questions your child may have.

2. Plan some traditional holiday activities….

Put some thought into how to make your child’s holiday season special. Try to do as many of the things that you usually do with them each year, so there is some sense of continuity.

3. But be sure to create new holiday traditions, too.

Some things will simply have to change, and that can be hard on kids. Take this opportunity to build new family traditions that involve you and your child.

4. Follow the rules….

Consult the parenting plan agreement. What visitation schedule did you agree to? Follow the plan as much as possible.

5. But be flexible if needed.

Just as important as it is to follow the agreed upon parenting plan, it is helpful to be flexible when plans change. Give a little, get a little and make sure that the kids benefit from your willingness to adapt.

6. Remember it is not a competition.

Co-parents might feel tempted to “one-up” each other to win the award for being the favorite or best parent. No matter how hard you try, you cannot buy enough gifts to compensate for any feelings of pain or loss your child has. Remember that it is okay if your child needs some time to adjust to this new way of life, and support him or her as best you can.

7. Coordinate gift purchases.

A good way to avoid tip #6 is to work together on gift buying. One parent might focus on buying the child new clothes while the other buys toys, or if one parent buys a bike, the other might buy a coordinating helmet and new sneakers.

8. Try to get along with your co-parent.

By modeling your ability to be cordial or even friendly with your co-parent, your child will learn that it is possible to get through a divorce without leaving a “scorched earth” behind. Besides – the holiday season is supposed to be one filled with harmony and forgiveness (or so all those movies and advertisements tell us). Us this opportunity to show your child that even if you and your ex-spouse can no longer be together, your child is still as loved and as important to the both of you as he or she always was.

9. Deal with your grief.

Chances are, there will be some point during the holiday season when your former spouse has the kids and you will find yourself alone with your thoughts. Try taking a bit of alone time to process your grief and your own sense of loss. Divorce can be emotionally devastating. Putting off dealing with your grief does not make it go away. It will just wait for an inopportune moment to express itself.

10. Take good care of yourself.

While the kids are with your ex, schedule some fun times for yourself. It is okay to be sad, and to spend some time alone – but it also okay to join friends and loved ones in their celebrations. In short, attend to your needs. Pamper yourself. Indulge in treats that you usually deny yourself. Find you favorite way to de-stress, so that when the kids come home you will be refreshed and ready to face the new year and your new life after divorce.

Cynthia H. Clark & Associates, LLC provides thoughtful representation for family law clients throughout Maryland. You can learn more about our services by calling 410.921.2422  or completing our contact form to schedule a consultation with an experienced Annapolis divorce attorney.

Divorce

Maryland Recognizes De Facto Parenting for Same-Sex Couples with Children

Parental Relocation maryland lawyer

When a same-sex marriage ended in divorce, and there was a child involved, there was the potential for complications when it came to custody. Unless one parent was a biological parent and one parent adopted the child, or both parents legally adopted the child with whom neither shared a biological bond, the parent with no biological or legal ties to the child could be denied custody.

The Maryland Court of Appeals, in Conover vs. Conover, 450 Md. 51, 60 (2016), unanimously ruled that family court judges can consider certain non-biological parents the child’s de facto parent when deciding child custody and visitation cases. Conover v. Conover overturned the precedent, Janice M. v. Margaret K., 404 Md. 661 (2008), which rejected the idea of de facto parenting unless it could be proven that the petitioner could show that the biological parent was unfit, and that there were exceptional circumstances. The latest decision not only recognized de facto parenting in Maryland, it also decided how someone might qualify as a de-facto parent.

This is a critically important decision. Not only does it help ensure that children can spend time with both of their parents – and vice versa – but it also ensures that both parents contribute financially to the care of the children. Before, an LGBTQ parent who was denied custody could make an argument that he or she should not have to pay child support either, as the law did not recognize that person legally as a parent. Establishing de facto parenthood under the law helps protect the children by ensuring parenting time and financial support.

Establishing de facto parenthood in Maryland

To establish the legal definition of a de facto parent, the Maryland court adopted the test that the Supreme Court of Wisconsin established in In re Custody of H.S.H.– K 533 N.W.2d 419 (1995):

  • “the biological or adoptive parent consented to, and fostered, the petitioner’s formation and establishment of a parent-like relationship with the child;
  • the petitioner and the child lived together in the same household;
  • the petitioner assumed obligations of parenthood by taking significant responsibility for the child’s care, education and development, including contributing towards the child’s support, without expectation of financial compensation; and
  • the petitioner has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship parental in nature.”

This test does not require the de facto parent to prove the unfitness of the biological parent, nor does it require the showing of exceptional circumstances which protects the best interests of the child in question. If a non-biological parent can meet the requirements of being a de facto parent, it may be in the child’s best interest to continue that relationship.

Now, non-biological parents may assert their de facto parental rights without undermining the rights or privileges of the biological or legal parent. Conover vs. Conover places the best interest of the child, and how they might be best served, above the outdated grounds in Janice M. v. Margaret K.

Cynthia H. Clark & Associates, LLC is a premier divorce and family law firm in Annapolis, serving same-sex and traditional couples throughout Maryland. We invite you to call us at 410.921.2422, or to fill out our contact form, to reserve a consultation time with an experienced lawyer.

Divorce

How Do I File for Divorce?

Often times when we meet with potential future clients, we often get asked, “How do I file for a divorce?” In order to start the divorce process, several documents must be filed with the clerk’s office, at the court in your county.

The first document is a complaint for divorce, which sets forth those issues that you want the court to consider in your matter, such as property distribution, spousal support and any issues regarding your children – any children that you and your spouse may have.

The second document that’s to be filed with the clerk’s office is a case information report, which further reinforces those issues you want the court to consider, that are also put forth in your complaint for divorce. And it also alerts the clerk’s office as to how much time you think you will need to try your matter.

The third document that needs to be filed with the clerk’s office is a financial statement, if you have issues of support in your matter, such as alimony or child support.

Once these documents have been filed with the clerk’s office, the clerk will then issue a writ of summons to you, for you the serve upon your spouse. Once that’s completed, your divorce process has begun.

You can reach the Annapolis divorce lawyers at Cynthia H. Clark & Associates, LLC by calling 410.921.2422, or filling out our contact form to reserve a consultation at our office. We proudly serve clients throughout Maryland.

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Why Do Women Initiate Divorce More Than Men?

Why Do Women Initiate Divorce More Than Men?

While men initiate more breakups in non-marital heterosexual relationships, in marriages women initiate divorce about 69% of the time, according to a recent study quoted in the Washington Post. Although people divorce for countless reasons, one of the main drivers of women initiating divorce at this point in the culture can be summed up in a single word:

Expectations.

Women have much higher expectations for their lives and for marriage than the women who came before them. In the past, many young women’s best hope for a prosperous future relied on landing a “good man” to marry. As time passed and women began to gain more personal agency, and made gains in the workplace and in the social order, many women focused on having a rewarding career rather than finding a man who has one. Women want it all, and when wanting it all includes a man, she often wants that man to be her equal – in ambition, in earning, and even in sharing the tasks required to make a home run efficiently.

When that does not happen, women are now much more willing to file for divorce when they are feeling unfulfilled and dissatisfied with their marriage. For some women, being the ones who decide to make the first move is also empowering. By initiating the divorce process, they can retain some control over their futures.

Unequal division of labor at home leads to lower marital satisfaction for women

While women’s roles are expanding in the world, back at home, some of the old expectations that the woman will manage household responsibilities and child care continue to prevail. It is the expectation that a woman can pursue an advanced education, take on demanding work outside of the home, and then be expected to have children, care for and nurture them, manage a household and take care of a spouse that pushes some women towards divorce.

Food for thought: a study published in the American Psychological Association journal APA PsycNET found in marriages where the household chores were split more equitably, both partners reported higher sexual satisfaction. So, maybe if your marriage is in a rocky place, you might revisit how the household chores are divided.

Regardless of who initiates the divorce, it is going to be a challenging process that could benefit from the services of an experienced, Annapolis divorce attorney who will protect your interests and support you in achieving an outcome that works for you.

If you believe that your marriage is over and that it is time to start planning for divorce, an experienced Maryland divorce lawyer from Cynthia H. Clark & Associates, LLC can help. Please call us at 410.921.2422 to schedule a consultation, or complete our contact form.

Family Law

Alimony: Will I Receive It or Have to Pay It?

Many clients, when they come in, are concerned about alimony; whether they will receive it or whether they’ll have to pay it. We have two kinds of alimony in Maryland. The first is transitional alimony, which is paid for a specific length of time, and the purpose of it is to allow one of the spouses to gain additional training so that they can be self-supporting. An example would be, when someone wants to be an accountant but requires two more years of college. In that situation we would be looking at that two-year period of time, perhaps, in order to obtain transitional alimony.

The second is indefinite alimony. In order to be awarded indefinite alimony a court would have to find that, even after a spouse has done everything she or he can to become self-supporting, there will still be an unconscionable disparity in the standard of living of the parties. In determining whether it would be unconscionable, the court has to take into account a number of factors, probably the most important of which is the length of the marriage.

If you would like us to help you decide whether there’s a likelihood that you will receive or pay alimony, we would be happy to have you come in, so we can go over the facts of your marriage with you, and help you make a decision about that.

You can reach the Annapolis divorce lawyers at Cynthia H. Clark & Associates, LLC by calling 410.921.2422, or filling out our contact form to reserve a consultation at our office. We proudly serve clients throughout Maryland.