Divorce Archives - Page 10 of 11 - Cynthia H. Clark & Associates, LLC

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

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

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

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

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

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

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

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

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

What if they still do not respond?

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

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

Divorce

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

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

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

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

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

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

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

“Facebook divorce” is a thing

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

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

Can using Facebook lead to the breakup of marriages?

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

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

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

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

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

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

Divorce, Marital Property

Who Gets the Beach House?

Vacation homes are typically high-value properties. Ending your marriage will necessitate dividing those assets and properties. When properties other than a primary residence come into play, the next steps you and your attorney take are crucial to determining whether or not you will receive what you deserve from the sale of those assets.

Like other assets, it is vital to make sure that the value of your vacation home is properly assessed during divorce proceedings. It is possible, and even likely, that if you and your spouse are separated during the proceedings that one of you will use the second property.

Complicating factors

You and your spouse may decide to continue sharing use of the vacation home. However, the details of a sharing agreement often prove too complicated to bear out in reality. It is important to objectively assess the importance and value of the vacation home to determine whether or not selling is better than sharing.

Yet another complicating factor can affect the value of your vacation home; the real estate market. For example, the median sale price of vacation home sales surged from 2012 to 2013 by almost 30% according to the National Association of Realtors. A detailed understanding of the market can greatly affect the outcome of asset division during your divorce.

As with all issues in a divorce, there is no prescribed course and no best way to handle vacation homes. A divorcing couple must examine all aspects of their finances, and take that information into account. Of course, having an emotional attachment to a home can change the game; you may be willing to keep a property regardless of the cost if it is important to your family.

Our skilled attorneys are experienced in the complexities of high-asset divorces, and can help you clarify priorities during an emotionally charged time. In addition to vacation homes, there are likely other investments as well as stocks, pensions, and retirement plans. If you are looking for experienced representation during a high-asset divorce, look no further than Cynthia H. Clark & Associates, LLC Contact us today to reserve a consultation.

As always, an amicable agreement is preferred. However, if you and your spouse are unable to reach an agreement, the court will provide a solution. Regardless, having the experienced lawyers of Cynthia H. Clark & Associates, LLC on your side will ensure that you keep the assets that are important to you. Please contact our firm to reserve a consultation.

Divorce, Family Law

“Get” Creates Extenuating Circumstances Causing Decade-Long Divorce Proceedings

Divorce proceedings can be complicated. It is generally in the best interest of both parties to come to an agreement as quickly as possible to spare unnecessary emotional turmoil. However, one Maryland woman’s case highlights a little known problem with Maryland divorce law.

Cynthia Ohana is a member of the Orthodox Jewish community. Under Orthodox law, a member of a married couple can approach a rabbi to seek a divorce. If all goes well, the husband gives his wife a “get,” a document that nullifies the marriage. However, this procedure must be voluntary for all parties. When Cynthia’s husband, Ephraim, would not cooperate the rabbinical council gave her permission to seek a civil divorce.

Cynthia’s civil divorce was granted; the court found that her husband had abused her. While this secular divorce dissolved her marriage in the eyes of the law, without a “get” she was still viewed as married in the eyes of her community. Though her legal divorce was finalized in 2005, it was not until January of this year that her husband finally ended a battle that lasted 11 years.

According to the Jewish Times, “Ohana first sought the help of CHANA, a Jewish aid program of The Associated: Jewish Community Federation of Baltimore, in September 2003 for domestic violence and secured the first of several protective orders from her ex-husband on Dec. 21, 2004. Although they secured a civil divorce in May 2005, Ephraim Ohana would not grant a get.”

The Orthodox community rallied behind Cynthia, staging protests in front of Ephraim’s residence. Even in the face of public protests and repeated requests by aid authorities, Ephraim refused to grant Cynthia the closure she needed to start a new life in the community.

Cynthia said, ““It affects me and any other woman who’s going through the same struggle in that it prevents her from going forward in having a stable and loving relationship at home and remarrying and, ultimately, there’s closure that’s lacking.”

What we can learn from one extreme case

Currently, New York is the only state in the country that legally prevents the withholding of documents that recognize divorce within a faith. A bill was proposed in Maryland in 2007 that would put women on equal footing during religious divorce proceedings, but it was not passed. Most likely, such a bill would be unconstitutional due to the First Amendment’s separation of church and state. Handling such issues is left to the religious institutions. It is not unusual for a separation agreement to contain a clause that parties will cooperate to obtain a get, but such a clause would only be enforceable by the religious courts.

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

Divorce, Family Law, Modifications

Can Divorce Orders Be Modified as Life Circumstances Change?

As time passes after a divorce is finalized there are almost always changes in circumstances in the lives of both parties as they get on with their separate lives. One party might receive a job offer in another state, or the other party might have a permanent change in work schedule that conflicts with the visitation schedule. When one or both of the parties wants to alter the final divorce decree they must petition the court for a post-decree modification.

There must be a substantial change in circumstances

In order to keep families from going to court every time there is some change in their lives, and also to promote a sense of stability, there must be a substantial change in circumstances before the court will consider a modification of the original divorce decree. For best results, wait at least a year if possible before attempting to get a modification for changes to:

Child support
Child custody
Spousal support
Visitation schedule

Why are child custody, support or spousal support orders commonly modified?

There are many changes that can take place in the lives of both co-parents that might require a modification of orders, including:

One parent wants to relocate more than 50 miles away
One parent wants to increase or decrease the amount of child support
Modification or termination of alimony payments
Serious injury or failing health
Drug or alcohol abuse in the child’s presence

If your former spouse has graduated and is now gainfully employed, if you lost your job and must decrease the amount you pay in child support or if your spouse wants to increase or decrease visitation with the child due to work constraints, these are all valid reasons to request a modification.

What is the process for post-decree modifications?

Working with a competent Maryland divorce attorney you file a petition for post-decree modification and then the court will schedule a hearing. Collect all of the evidence that you must present to the court to bolster your position. The judge will listen to both sides, consider the evidence that you present and make a modified ruling.

To learn more about what the criteria is for modifying a divorce decree or any other questions you might have about divorce, contact the law office of Cynthia H. Clark & Associates, LLC to schedule a consultation.

Divorce, Family Law, Legal Separation

Can I Live With My Spouse While I File for Divorce in Maryland?

The short answer is yes, but it’s a bit complicated. While Maryland does recognize no-fault divorce, you are not permitted to live in the same residence as your spouse while you are waiting for your no-fault divorce to become final. The law requires a 12-month separation for a no-fault divorce in Maryland. In extraordinary circumstances, you do, however, have other options if there moving out is just not an option given your particular circumstances.

Filing for absolute or limited divorce on fault grounds

While you can’t live under the same roof if you are filing for a no-fault divorce, Ricketts V. Ricketts set a precedent allowing for a divorcing couple to live in the same residence. You must live in different parts of the house, not share a bed or have marital relations if you file under the fault grounds of adultery, excessive cruelty or “constructive desertion.” By part of its definition, constructive desertion means that one party is refusing to have sexual relations with the other. If this is case, then there is no worry about violating the law that says there can be no marital relations. Note, however, that the burden of proof is on the person claiming the “fault” and it is not unusual for one spouse to contradict the other. Since this is not the kind of situation where there is a witness, proof can be difficult. If you successfully prove a fault ground for divorcee, under these circumstances the divorcing couple may remain in the same house until the divorce is final. During the one year waiting period the two will effectively be living separate lives under the same roof.

How is custody, spousal support and property division handled if both parties are living in the same household?

Here is where it gets complicated. The Maryland Court does not have jurisdiction to rule on which parent gets physical custody, who will have visitation, whether alimony will be awarded while the spouses are in the same house. While theoretically a court could make a decision on marital assets while the spouses are living in the same house it is not likely given the inter-relationships between the various financial issues. One party must move out before this part of the divorce process can continue.

As you can see, given that each situation is different and complicated, you should seek the advice of a Maryland divorce attorney. Divorce is a complicated process, and the decisions you make now will have a lasting impact on your future.

At Cynthia H. Clark & Associates, LLC, we offer individualized attention to our clients’ specific needs. Contact us today and schedule a consultation to discuss your case.

Divorce

Anticipation Rises as Roman Catholic Church Studies Divorce

Proud Maryland residents are aware that the state flag features a couple of red and white crosses.

There are probably those who think that the insignia is meant to reflect the state’s ties to the Roman Catholic Church. After all, historically speaking the Maryland colony was established with the specific intent of being a haven for Catholics who were excluded by civil law from participating in many aspects of public life in other British colonies. The Maryland government website, though, reveals that the crosses represent the crest of the maternal family of George Calvert, the first Lord Baltimore.

Acknowledging the deep Catholic roots of the state, though, we suspect there may be more than a few readers paying close attention to the doings of the church around the issue of divorce. Specifically, anticipation is likely building around the scheduled October Synod on the Familyduring which synod participants will dig into whether and how the church can help spouses and families of divorce participate more openly and fully.

As things stand now, common doctrine is that divorced Catholics can’t remarry unless they obtain an annulment stating that in the eyes of the church the first marriage never took place. Annulments aren’t easy to get and those Catholics who remarry without one are ineligible to receive Holy Communion.

This is a big issue for faithful Catholics on both sides of the fence. Traditional interpretation of common doctrine is that God outlawed divorce. In trying to strike a balance between that spiritual ideal and temporal reality, many opt for a legal separation which ends the civil marriage contract, and leaves the spiritual marriage intact.

But those with a more pragmatic view observe that divorce has always been around and question whether it isn’t time for some softening of spiritual penalty in the event that a divorced person does remarry without an annulment.

That is a question that is beyond the scope of our focus on family law in the temporal realm. But it will be interesting to see what comes out of the October synod.

Divorce

Are Divorces Up or Down? Should We Care?

Josef Stalin is credited with saying, “A single death is a tragedy; a million deaths is a statistic.” The implication is that statistics are easy to dismiss. Even if they deal with human tragedy, statistics almost instantly become data that disappears in the wind.

Divorce is an issue that seems to defy that premise, though. On one hand, there is an abundance of references in the media and in social policy debates about statistics that indicate half of all marriages end in divorce and that the problem is getting worse. At the same time, we posted last month about research suggesting that divorces aren’t as prevalent as all that.

The reality is that there really is no reliable federal data available to tell us what the divorce landscape really looks like. In Maryland the State Department of Health collects statistics of marriages recorded in the state. All people being divorced are required to complete forms which are forwarded by the court to the “statistic collectors” at the Department of Health. When you read about the divorce rate in Maryland, that is the source. Recently, the U.S. Census Bureau proposed deleting some marriage and divorce-related questions from its annual American Community Survey. The rationale given was that the information gathered is of little value and it would be inexpensive to get rid of them.

In what some say is a case of strange bedfellows being made, the proposal has reportedly brought academics — many of whom are thought to be of a liberal bent — and groups with conservative social agendas together to fight the bureau’s move.

Experts from the various camps say it would be a big mistake to drop the divorce questions. They observe that effects of divorce and its related legal concerns, such as property division, child support and child custody, have a way of rippling well beyond just individual families. The results can be felt across economic, social and cultural strata.

They say that and the fact that the divorce-related information in the ACS is largely responsible for spotting many of the family law trends in recent years makes keeping the questions in the survey.

What are your thoughts? Should we care about the divorce rate?

Source: CNN Money, “Should we stop tracking the divorce rate?” Kathryn Vasel, Jan. 8, 2015

Divorce

Maryland Divorce Rates May Not Be As Bad As We Thought

Although this blog typically discusses the difficulties of divorce, like property division and child custody, there is some good news for all married couples out there. According to the New York Times website, the idea that half of all marriages in the United States will end in divorce — and that it is only getting worse — is not actually true.

New research suggests that approximately 70 percent of people who were married in the 1990s made it to their 15th anniversary. This is an improvement from marriages that began in the 70s and 80s, which only had about a 65 percent chance of making it to their 15th year. People who got married during the 2000s have an even lower likelihood of divorce, it appears.

If the statistics prove true, about two-thirds of all marriages will escape divorce altogether. However, it seems that declining divorce rates are only benefiting those who have completed higher education. Individuals who do not have college degrees appear to have the divorce rate as those individuals married in the 70s and 80s.

Clearly, divorce has not disappeared altogether, but it is certainly heartening to hear something positive about marriage. Indeed, even for those who are engaged in property division, child custody and other types of divorce negotiations, it is nice to know that — should they choose to marry again — second marriage could have a higher chance of success than previously believed.

Maryland residents who are currently thinking about divorce and/or in the midst of a divorce may be able to benefit from sound counsel from an experienced divorce attorney. An attorney can help divorcing individuals navigate the legal and financial complexities of the divorce process with success.

Source: clarionledger.com, “NYT: Divorce rate has been declining since 90s” Sam R. Hall, Dec. 02, 2014

Divorce

Wife of Cuba Gooding Jr. Seeking Spousal Support in Divorce

It looks like famous actor Cuba Gooding Jr., known to many Maryland residents for his appearance in “Jerry Maguire,” may be showing his wife the money after the dissolution of their marriage. The pair, who have been married since 1994, recently announced that they intend to divorce. Gooding’s wife filed for the separation in a California court on April 21, according to reports.

Insiders say that the woman is seeking spousal support, though it is not exactly clear how much she is pursuing in connection with the breakup. She is seeking joint physical and legal custody of the pair’s minor children, ages 8 and 17. An older son, 19, is already in college.

The split may come as somewhat of a shock for fans of the 46-year-old Academy Award-winning actor; in January, he appeared on the daytime show “The View,” singing the praises of his long-lasting marriage. Gooding said that he appreciated the fact that his wife was able to play so many roles in their marriage. He also said that his wife was continuously evolving to meet the family’s needs, and he was extremely lucky to have her as a life partner.

The woman cited irreconcilable differences as the cause of the split.

In this case, the woman is a schoolteacher and Gooding is a high-powered actor. Their income levels are almost certainly disparate, so it makes sense that she would choose to pursue alimony in addition to general equitable property division. When one spouse makes a significantly higher wage or holds massive assets, that person may be required to not only divide marital property, but also provide continued financial support to an ex-spouse.

Source: The Los Angeles Times, “Cuba Gooding Jr.’s wife of 20 years files for separation” Nardine Saad, Apr. 23, 2014