Category: Divorce

 When a party divorces, often times a spouse will desire returning to your maiden name afterwards.

 Under current Maryland law, a spouse who took on the other party’s name during the marriage may be restored to any former name:

1. if they no longer wish to use that name;
2. the name change is requested in the divorce action;
3. the request is not for any fraudulent, illegal or immoral purpose. The request to begin returning to your maiden name name needs to be made at the time of the divorce and entry of a Judgment of Divorce.

HB793 of the 2017 (PDF) legislative session revised some of these requirements. Effective October 1, 2017, the request to be restored to a former name may now be granted within eighteen (18) months of the date of the divorce upon motion of the party requesting the restoration. Additionally, the request must be made by the spouse seeking the restoration of their former name. A spouse may not request the name change for the other spouse.

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

Financial preparation for divorce is a large part of discussion when filing for a divorce in Maryland. It is important to review your financial situation when considering a separation to make sure you have a handle on your current financial position.

Review your debt and expenses. What are your monthly household expenses? If you are moving out of the marital home, will any of these monthly expenses increase? For what debt are you going to be responsible for? What assets will you have to fund your expenses and pay for your debt?

Focus on your personal financial preparation for divorce. Look into getting your own credit card if you have a joint card with your spouse or if you need an additional source of funds. Open your own bank account and have your salary directly deposited into this account. Set yourself up for financial success and to be independent.

Consider child support and alimony. If you have children, determine whether you will be responsible for payment of child support to your spouse or if you will be receiving support. Calculate the monthly expenses of your children – activities, clothes, food, etc. If you are the primary monetary contributor to your marriage,

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

Divorce is an already paralyzing event for many men and women, and it comes with a flurry of emotions. Guilt, anger, jealousy, fear, and betrayal can be just the tip of the iceberg, depending on the circumstances under which the parties are splitting up.

Friends and loved ones may have a similar feeling of betrayal, prompting them to “take sides” in the process. Many people believe this is what support looks like, but it can be more harmful than helpful in some situations. The key to being supportive is to help based on what the divorcing person actually needs, and not what you think he or she needs.                     

Avenues for emotional support

Divorce is often painful, and it helps to remember that people react differently to pain. This includes you, even if you are not one of the people getting divorced. You are entitled to be angry, upset, or hurt for yourself and on behalf of your loved one. However, displacing your feelings onto your friend – assuming that he or she feels the way you do – may not be what is best.

Instead, listen to your friend’s concerns, but do not reciprocate with a negative discussion about his or her soon-to-be ex-spouse. This only helps to fuel negative feelings, and if children are in the house, it can cause damage to their relationship with the other parent.

Stay neutral and non-judgmental about anything your friend discloses to you about herself or himself, or his or her damaged relationship. Most people become self-critical or irrational in times of crisis and may confide in you details that otherwise never would have come to light. It is best to remember that he or she is vulnerable right now, and that his or her feelings or responses can (and probably will) change over time.

Keep your friend on good social footing by getting him or her out of the house. At some point during separation, it is common for parties to go through some form of depression; isolating himself or herself is a sign that this is happening. It’s a normal emotion, but to prevent your friend from becoming more withdrawn, make sure to keep him or her active. If you live far away, keep in touch via email, text, or phone calls, so that he or she knows you are still present in his or her life.

If your friend has children, you can offer to be there physically for the exchange, if warranted. The presence of a third party can make an enormous difference in behavior during pickups and drop-offs.

Taking the practical route

Part of separation and divorce means one of the parties will be moving out of the marital residence. The thought of packing all of your belongings, finding a moving company, and securing a new place to live can be overwhelming for anyone. This, along with everything else that comes with divorce, may cause your loved one to feel like he or she is drowning. Help your friend locate resources to make this transition easier. Try making a list of apartments that fit the criteria your friend would prefer, or help with a yard sale if the couple needs to sell the home and belongings. You could offer to babysit or pet sits on a weekend, so your friend can take care of errands or appointments.

If you see that your friend is struggling, suggest that he or she seek out a therapist who specializes in divorce. Talking through certain issues with friends is an immense help, but unless you are a licensed professional, you have a limited amount of assistance to offer. You could also be putting your own mental health at risk by trying to take on every problem that your friend is going through.

Domestic violence can change everything

If an abusive situation is at the root of the marriage breaking up, your friend might need to take safety measures such as filing a police report or applying for a protective order. Your friend might need help planning to leave safely before doing either of these things.

Your first urge might be to offer your loved one a place to stay with you. The intention is based on love, but this may not be the best option: the other spouse may know where to find your friend, placing both of you in danger. Many victims become nervous and have a change of heart because they fear retaliation. Offer to go with your friend to the police department or the court, so he or she doesn’t feel alone. You could also research domestic violence shelter options that fit your friend’s needs, but let him or her choose where to go.

Finally, urge your friend to seek the advice of an experienced family law attorney, rather than trying to take on the legal system on his or her own. Parties certainly have a right to represent themselves in court, but the value of having a professional who not only understands the nuances of the law but knows how to maneuver through the procedural quagmires is invaluable to saving your friend’s sanity. Even minor mistakes being made can stall your friend’s case, or cost an equitable share of his or her marital estate. In the end, hiring a family law attorney is the most sensible choice to make.

When a marriage is no longer working, emotions run high and it becomes difficult to keep your best interests in mind. If you believe you are ready to seek the advice you need, let the seasoned professionals with Cynthia H. Clark & Associates, LLC guide you through the difficulties of ending a marriage. Schedule a consultation with a divorce lawyer in our Annapolis office through our contact page, or call us at 410-990-0090.

At the end of your divorce proceedings, the court will issue a divorce decree. It is the formal order (sometimes called the final judgments) that says your marriage is over. A divorce decree is issued in limited divorce cases and in absolute divorce cases.

However, just because the divorce decree is a legally binding document, that does not mean the decree cannot be altered later down the line should the need arise. Maryland allows for the modification of divorce decrees if there has been:

1. A material change in circumstances. As an example, if you or your ex-spouse are subjected to a significant increase or decrease in salary, or if you or your ex-spouse becomes very ill, you can petition the court to modify your divorce decree.
2. Verifiable fraud. An example would be if your spouse willfully and knowingly commits an act of fraud – such as lying about assets, or withholding key information that is important to the divorce proceedings – you can petition the court to modify your decree in light of the new information. Understand that this works both ways, so it is critically important that you be honest with your divorce lawyer and with the court when you file for divorce.
3. Threats of violence and/or acts of violence. If your ex-spouse threatened you with some form of harm or retribution, you can petition for a modification. Acting under duress can invalidate a divorce decree.

Is modifying a divorce decree different from modifying a custody agreement?

Your child custody agreement is a part of your divorce decree, and is therefore always subject to modification when the need arises. Custody is always modifiable so long as the children are minors, and the modifiability is not dependent on the Judgment of Divorce being subject to modification.

Generally speaking, in an uncontested divorce, a couple will create a marital settlement agreement (also called a separation agreement, or a property settlement agreement). This document outlines how the couple wishes to proceed in matters of custody, support, alimony, and/or property division. If the couple can agree on some issues but not others, they can create a partial agreement; the court will render decisions on the rest.

When can’t a divorce decree be modified?

Child support and custody can always be subject to modification because the best interests of the child are the primary concern of the court. However, other aspects of your decree – such as alimony – may be protected from modification if there is a provision in the settlement that says it is not subject to modification, or if there is an express waiver included in the settlement.

Modifying any part of your divorce decree can be challenging, especially if your ex-spouse does not want to cooperate, or opposes the modification. Working with an experienced divorce attorney is in your best interest. At Cynthia H. Clark & Associates, LLC, we assist clients in need of post-divorce modifications to custody and support agreements, and alimony agreements.

Things change. When they do, you can rely on our Annapolis divorce attorneys to help you through the Final Judgments process. To schedule a consultation, please call Cynthia H. Clark & Associates, LLC at 410.921.2422 or fill out our contact form.

Humans are complicated creatures. Two people can fall passionately in love and move heaven and earth to be together – yet when things go south, they become filled with a vengeful rage and will stop at nothing to get out of the marriage. Given the fascinating nature of the dynamics of human relationships, a lot of time and effort is spent studying marriage and divorce. The following are five interesting divorce facts and trends about divorce in America.

1. The divorce rate is falling

The belief that says 50% or more marriages end in divorce is not accurate. The overall divorce rate in the United States has been in steady decline. The average divorce rate for first marriages is between 42-45%. Maryland’s divorce rate is 10%, though USA TODAY describes Edgewater as our “divorce capital,” with an average divorce rate of 16.2%.

2. The bigger the wedding, the bigger the divorce.

A research study titled “A Diamond is Forever and Other Fairy Tales” analyzed the relationship between the cost of the wedding celebration and the length of the marriage in the United States. The researchers found an inverse relationship between spending on the engagement ring and wedding ceremony and how long the couple remained married, possibly because the financial stress of paying for elaborate ceremonies increases the odds of marital dissolution. If you want to give your marriage its best chance, perhaps a smaller wedding is the better idea.

3. Long commutes can increase the risk of divorce

If one spouse commutes more than 45 minutes each way to work, it can increase the likelihood of divorce, according to a research study “Til Work Do Us Part: The Social Fallacy of Long-distance Commuting.” Researchers found that rates of separation are higher among couples who have a long-distance commute.

4. “Gray divorce” rates are increasing

Gray divorce is the name given to the trend of people aged 54-64 getting divorced at increasing rates. The Wall Street Journal reports that “For 55- to 64-year-olds, [the divorce rate] climbed from 5 divorces per 1,000 marriages to 15 divorces per 1,000 marriages, and for those 65 and older, it rose from 1.8 to 5.”

These increased rates could be caused by how young the “Baby Boomers” were when they married. Another factor is that many people in this age group are on their second marriage, and second marriages have a greater risk for divorce. Ideas about the moral acceptability of divorce are changing also, which could play a role in the increase.

5. People cheat on their spouses

It turns out that adultery is still one of the most common factors in causing a divorce. Research done by the Institute for Family Studies states that 16% of all spouses (about 20% of all men, and 15% of all women) admitted to having sex with someone who was not their spouse. The averages increased as the populations got older: 16% of women aged 60-69, and 26% of men aged 70-79, admitted to cheating. Per their findings, “Among ever-married adults who have cheated on their spouses before, 40% are currently divorced or separated. By comparison, only 17% of adults who were faithful to their spouse are no longer married.”

If you have come to a place where you feel you have done all you can and it is time to end your marriage, you need an advocate who will represent you and your interests through the divorce process. At Cynthia H. Clark & Associates, LLC, we are here for you. Our Annapolis divorce attorneys have the experience, resources, and compassion to help you through the challenges of divorce. You can reserve a consultation by calling 410.921.2422 or filling out our contact form.

At some point, you may have to make a court appearance during your divorce case. Depending on the circumstances of your case, you may have to sit in the witness chair and give testimony. Here are 5 tips for making a good impression in Maryland divorce court.

Clients are often nervous about this part of the divorce process, especially if it is the first time they have gone before a judge. If you want to make a positive impression on the judge, being prepared, dressing appropriately, and managing your emotions will go a long way towards helping you to have a successful divorce court appearance. Follow these five tips, along with the guidance and advice from your Annapolis divorce attorney, and you should feel confident and prepared to appear in court.

1. Consult with your Annapolis divorce attorney

When you must appear in court, your divorce lawyer will take the time to explain what is going to happen at the hearing, what is required of you, and what you can expect to happen. If you will be testifying, your attorney can help you prepare for the types of questions you might be asked.

One important note: if anything changes in the days before your appearance, make sure to update your attorney. This could mean bringing updated paperwork or documentation to your consultation, or simply calling the office. It is important that you and your divorce lawyer are on the same page at all times, so make sure to keep everyone abreast of any changes.

2. Prepare your talking points

Know what you are going to say and practice answering questions from your lawyer before you go to court. Be sure to review any paperwork you have, especially if there is a police report, so that your answers remain factually accurate.

3. Dress appropriately

An important part of making a good impression is being appropriately dressed, and a judge will take notice of how you present yourself. You want to come across as confident and dignified. A suit and tie for men, and business attire for women, will show that you understand the seriousness of what is happening.

4. Be respectful, but say as little as possible

Speak in a civil, respectful way to the judge and everyone else in the courtroom. Divorce is emotional, and we understand how easy it is to become overwhelmed. However, if you lose your temper, or begin behaving inappropriately, it will not help your case.

When asked a question, always respond with the truth. Listen carefully and answer the question that is being asked. Clients often have the urge to explain themselves further, but the best thing you can do is speak clearly and concisely. If you do not understand a question, or if you need time to compose yourself, ask for the question to be repeated.

5. Be aware of your reactions and body language

Even while you are sitting in court listening and observing, your body language and your reactions are being observed. Avoid looking cross, rolling your eyes or shaking your head in disgust or disagreement. You want the judge to see you remaining calm and poised, being respectful and speaking with confidence, despite how nervous or angry you might be feeling. When the hearing is over, you can go and vent your frustrations with your friends. For the moment, being prepared, having a plan for how you will respond to questions, and projecting a strong, confident demeanor will ensure that you make an excellent impression in a Maryland divorce hearing.

Feeling nervous or a bit overwhelmed about appearing in court is natural. Working with the right attorney can help assuage those fears, and prepare you for what is to come. The experienced Annapolis divorce lawyers at Cynthia H. Clark & Associates, LLC are here to be your advocate and work toward the best possible outcome for you. To schedule an initial consultation at our office in Annapolis, please call 410.921.2422 or fill out our contact form.

Mental illness can affect all aspects of a divorce. For some couples, a spouse’s condition can be the grounds for the divorce; for others, mental illness could lead one spouse to fear for his or her safety, or the safety of the children. The topic itself is difficult to discuss, but it is necessary to do so. According to Resources to Recover, approximately 3.3% of all adults in Maryland are diagnosed with some kind of severe mental illness or disorder, yet only about 56.8% receive some form of treatment.

For people whose spouses suffer from conditions like schizophrenia, bi-polar disorder, paranoia, or anxiety, the fear that filing for divorce could trigger their spouses is very real. For people who have these conditions, the fear that their spouses will try to use their health against them in order to gain custody of the children or the family home is also very real.

This is why, if you choose to file for divorce, you need experienced representation. You will also need a strong support system – not only from your friends and loved ones but also from your divorce attorney. Our clients reap the benefits of our services not only in regard to the process but also in the resources and tools we can provide. Whether you are living with a mental illness or living with someone who has a mental illness, Cynthia H. Clark & Associates, LLC can help.

What happens if it is the child who suffers?

This is one of the more difficult, and delicate, situations that parents face. If you and your spouse are planning to divorce, and you have a child who suffers from mental illness, it can affect how you inform your child, how you choose to handle custody, and how you decide to seek medical care. Children are often ill-equipped to deal with the effects of their own illnesses, and we know that this can add an extra burden.

Remember that in the end, the judge will do what is best for your child. If you and your spouse cannot make those determinations on your own, the judge will do it for you. In some cases, it may be necessary to arrange for the appointment of a guardian, or the Best Interest Attorney, to protect your child’s rights and future.

Should you seek an annulment?

If you wish to separate from a spouse with mental illness, divorce is not your only option. An annulment means that a marriage was never valid. Where divorce ends a marriage, an annulment makes it as though the marriage never happened in the first place.

Annulments are sometimes sought on religious grounds, but they are not the only grounds. Marriages in Maryland can be considered void if the other party was legally insane or mentally incompetent at the time of the marriage.

Seeking divorce when your spouse has a mental illness

In Maryland, you can seek a divorce on the grounds of insanity. A party claiming a spouse is “insane” must show, according to the Maryland Code, all three of the following:

• Confinement “in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce.”
• A court can “determine from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery.”
• That one of the parties has been a resident of Maryland for at least two years before the filing of the application for divorce.

How mental health affects issues of custody

Family courts in Maryland consider many different factors when deciding which parent should have legal or physical custody. The legal standard is “the best interests of the child.” Some of the mental health factors courts consider include:

• The mental, emotional, and physical health of the parents.
• The ability of each parent to provide a home and financial stability of the child.
• Any history of abuse, prior arrest, or violence.

Generally, courts will tolerate moderate use of alcohol. If the user shows signs of addiction, then a parent may lose his or her custodial rights, especially if such addiction is impairing the parent’s ability to care for the child. Mental health issues could also affect the rights of a parent who wishes to relocate to another state if the parent has been court-ordered to receive treatment.

Will mental illness affect spousal support?

Alimony is designed to help one spouse maintain a certain quality of life. If you or your spouse is unable to work because of mental illness, a judge may award spousal support to help you (or your spouse). In some cases, it may be transitional – but this is one of those rare times when a judge may award indefinite alimony to one party.

At Cynthia H. Clark & Associates, LLC, we understand that mental illness can affect every part of the divorce process. Our Annapolis divorce attorneys have the experience, resources, and compassion to help you through this difficult time. To reserve a consultation, please call 410.921.2422 or fill out our contact form.