Divorce Archives - Page 10 of 12 - Cynthia H. Clark & Associates, LLC

What You Should Know about Divorce Decree Modifications

Whether your divorce was finalized with an agreement or by a court order, you have options after you sign. Divorce modification is more common than most people realize, and can be a relatively painless process with the help of an experienced attorney.

You may wish to modify your divorce for any number of reasons; your life is not static, and a document you agreed to in the past may become less and less relevant to you as time goes by. Whatever the reasons, the following are the four most common types of modifications after a divorce is finalized:

Child support agreements. With children in the picture, things can change very quickly. A modification to a child support agreement will be necessary, for example, when your minor child reaches the age of majority. This necessitates a formal filing with the court to eliminate child support for the child who is no longer a minor.
Child custody agreements. Loss of a job, promotions, relocations, or even changes in health can affect how a parent is physically and emotionally able to care for a child. A parent who develops a health condition or disease which requires frequent hospital stays or procedures like dialysis may be too tired or weak to offer his or her full parental attention. On the other hand, a parent whose job status has changed may now be offered a more set schedule or different hours, allowing him or her to spend more time with the children than the original order accounted for. With their frequent relocations, active duty military parents can particularly benefit from modifications to a custody agreement, as their physical location may change more often than that of civilian parents.
Alimony agreements. If you are paying alimony, a change in your income or loss of a job can require changes to make sure you do not violate the terms of the agreement and face penalties.

Amending court documents can be complicated, and requires a thorough knowledge of Maryland procedures. If your circumstances have changed recently for any reason, you may benefit from amending your divorce decree. You can make changes to better your life; we can help.

The lawyers at Cynthia H. Clark & Associates, LLC have the skills and experience necessary to successfully modify any family law document, and can thoroughly and expediently aid you. Whether your modification request is met amicably or will require amending a court order, you can count on our experienced attorneys to provide you unparalleled assistance. Please contact us to reserve a consultation at our Annapolis office location.

Divorce

Divorce in the Wake of a Major Life Event

Fox News recently ran a story about Rebekah Gregory, young woman who lost her leg because of the Boston Marathon bombing in 2013. Ms. Gregory and her husband – also a survivor – married in 2014, but they announced in February that they would divorce. In the Fox News story, the writer discusses a number of life-changing scenarios that can lead to the end of a marriage, such as loss of employment or a serious illness, showing us that while Ms. Gregory’s story is sad, it is not terribly uncommon.

When a major life event leads to the dissolution of your marriage, it is especially important that you seek guidance from professionals. This is because these unexpected experiences come with consequences that a “normal” divorce might not. For example: if one spouse is suffering with a serious illness or injury, the accumulated medical debts – as well as the cost of anticipated prescriptions and treatments – could affect how that couple’s property is divided. Or if one spouse loses his or her job without warning, that non-working spouse could be granted spousal support by the court – an award that might not have been granted before the job loss.

Major life events can also create complications for couples who were already in the process of divorcing one another. It is probable that both people already feel anger, anxiety, guilt or frustration – or any combination of emotions. The stress of a sudden trauma or outside event can exacerbate these feelings and tensions, leading a couple in the midst of an amicable dissolution more likely to withdraw or lash out – and causing a couple whose divorce was already contentious to become even more combative.

Finding the help you need

Remember, however, that scenarios like these are possible but not required; there is no one set way to handle your divorce procedure or to cope with a major life event, whether that event is negative or positive. But if you are under additional stress from an unexpected change in your life, you should seek help from a skilled divorce lawyer and your doctor. Speaking to a grief counselor may also benefit those couples who are processing a sudden loss. Finally, you should speak to an accountant (if you have not already done so) about any changes in your finances because of the event, so that you and your attorney can take a realistic look at what your future might be like based on your new circumstances.

Some couples grow closer together in the wake of major life events, and some grow apart. There is no right or wrong response to dealing with tragedy, like that of Ms. Gregory, or even with more positive changes such as coming into a large sum of money or the birth of a child. Seeking help from a supportive network of professionals can help you through the process.

For more information about Maryland’s divorce process, or to find out how your future could be affected by a change in your financial status, we invite you to contact Cynthia H. Clark & Associates, P.A.

Divorce

New Grounds for Divorce in Maryland

In April of 2015, the Maryland General Assembly approved a law, soon thereafter approved by Governor Hogan, which authorizes the family courts “to decree an absolute divorce on the grounds of mutual consent.” Under this new ground for divorce, the court can eliminate the standard waiting period of 365 days for a couple seeking an absolutely divorce so long as:

The couple does not have any children together who are under the age of 18. Children from previous marriages are not included in the consideration for claiming mutual consent.
The couple “execute

[fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][s] and submit[s]t to the court a written settlement agreement signed by both parties resolving specified issues,” such as how the property should be divided, and whether or not to pursue alimony.

The couple authorizes the court to use that settlement in their divorce decree, and that neither person asks the court to change or modify it before the divorce hearing unless both sides agree to the modification.

The law is slated to go into effect on October 1, 2015. This new law should go a long way in helping couples move more quickly through the divorce process, and in helping the courts clear out cases more efficiently.

Additional grounds for divorce

Couples who wish end their marriage must file under one of the recognized grounds for divorce in Maryland. Six of them cite “fault,” whereas one does not. The state publishes the full text online, but in summary, the 6 fault grounds are:

Adultery
Desertion
Conviction of a criminal charge (felony or misdemeanor)
Cruelty
Excessively vicious conduct
Insanity

For couples who simply wish to divorce and do not want to cite grounds, the state requires a “12–month separation, when the parties have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce.” But starting in October, couples who wish to divorce but do not want to live apart for 12 months will now have the option of claiming mutual consent. Just because this new law makes the process more efficient, however, does not mean it will be “easier” to get a divorce in Maryland. You should still seek the guidance of an experienced and competent divorce lawyer to help you with the settlement agreement.

At Cynthia H. Clark & Associates, LLC, we assist people throughout Maryland who are seeking a divorce or in need of family law services. We invite you to contact the firm to reserve a consultation.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

Child Custody, Divorce

Substance Abuse Adds Complications to Divorce and Custody Issues

An obituary for a young man named Clay William Shephard went viral a couple of weeks ago; in it, his parents explain that they wish to reach anyone who has a substance abuse problem while there is still time for them to do something about it. According to one news source, thousands of people have left comments online in support of the Shephard family, sharing their own triumphs and sorrows about their families’ struggles with heroin and drug addiction, as well as their condolences.

Though the Shephard family lives in North Carolina, we here in Maryland have seen an uptick in the amount of heroin abusers making headlines as well. Addiction often plays a role in a couple’s decision to divorce, as well as the State’s decision to remove children from a home. Drugs ravage families in so many ways – and not all of them are able to offer the beacon of forgiveness and hope that the Shephards have.

The consequences of addiction

If you had told us that heroin addiction would be a genuine concern for our clients a mere 15 years ago, we would not have believed you. Now, it has become as possible (though perhaps still not as common) as alcohol or other types of substance addiction. It most keenly affects people who:

Are married to a user. As heroin has become more and more accessible – and less and less expensive – the number of people who find themselves married to users has increased. This has led to an increase of divorces in Maryland as one spouse refuses to stay married to an abuser who will not, or cannot, seek help.
Are faced with long–rehabilitation programs. People who are undergoing treatment for serious drug addictions may not be allowed to visit with the loved ones right away. The distance can drive some marriages apart – especially if the abuse created rifts in the marriage to begin with.
Have children who are abusers. In some sad cases, couples with children who abuse drugs are pushed apart by how each side wishes to parent those children. Extreme life events, like dealing with the illness of addiction, can add undue stress to anyone’s life.
Must now raise their grandchildren, nieces, nephews or siblings. When your child, sibling or parent is an abuser, it can place the burden of parenting on you. In Maryland, there has been an increase in the number of grandparents, aunts, uncles, cousins and older siblings seeking guardianship – and on occasion physical and legal custody – of the children of addicts. Sometimes these custody battles come out of fear of the children being neglected; in more tragic scenarios, the children have nowhere to go when their parents overdose on the drug.

Families deal with heartbreak every day. Sometimes it makes them stronger; sometimes it tears them apart. The most devastating part of a heroin addiction is how quickly it can start, and how quickly it can lead to a person’s untimely death.

Our hearts go out to the Shephard family, and to those families right here in Maryland who are facing their own personal hells. We hope that those who are dealing with addiction can find access to the treatment they need to live better, healthier and happier lives.

For more information about our family law services in Maryland, we invite you to visit Cynthia H. Clark & Associates, LLC

Divorce

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.