Divorce Archives - Page 9 of 11 - Cynthia H. Clark & Associates, LLC

How Parental Relocation Can Affect Parenting Plan Agreements

When a couple with children divorce, they usually create two separate households, hopefully close enough to one another that the children will be able to move easily in between the households for visitation, holidays and vacations. However, one parent may need to relocate to an area that would require the children to be transported via a bus, train or even plane ride for visitation with the relocated parent. This can make co-parenting quite challenging, as one parent often ends bearing the brunt of the day-to-day responsibility and care for the child.

If your or your spouse wants to relocate, Maryland law requires that they give the other parent and the court 90 days’ notice of your intention to move, unless your Parenting Plan or Judgment of Divorce provides otherwise. If the parties cannot agree upon a modified visitation schedule amongst themselves to accommodate the parent’s relocation, then the parties can seek the assistance of the court. The court will then consider if the move is in the best interest of the child and will inquire of the relocating parent’s reasoning for relocating. If the move is because the parent has found employment that pays better than their current position, they are moving to a safer neighborhood, one with better schools, or an area closer to the parent’s family, then these circumstances might stand to benefit the child and the court might look more favorably on them. The court cannot keep a parent from moving out of the area regardless of their reasons for doing so; however, they can modify the custody/visitation arrangement so that it will be in the best interest of the child. So, if a parent wants to move across the country just to be closer to their new love interest, the court may not prohibit them from moving, but it may give the other parent primary residential custody of the child if it does not consider the move to be in the best interest of the child.

The challenges of parenting at a distance

Whether a parent moves away from the child, or the child moves away with the other parent, a long-distance parenting relationship can be challenging for both parents and the minor child. You may have to deal with the child feeling abandoned if it is the parent who has moved away, or the child may experience home-sickness and express the desire to move back home with the other parent. It will take a team effort on the part of both parents to help the child adjust to the new arrangement.

Consistent communication between the parent and child is vital to keep each other informed about what is going on in the child’s life and in the parent’s life. Consider using email and text messaging when the child is older and even video chatting so that you can see each other’s faces. Keep bed times and the child’s household rules in mind when it comes to phone calls.
Remain in close communication with your co-parent and make sure that the child is adjusting well.
Make the most of the time you do spend together with your child. Encourage them and do everything you can to remain a part of their daily routine.

Parental relocation issues can be quite complicated because they sometimes involve forcing a parent to choose between being able to be close to their child and accepting an advantageous employment opportunity that is miles away. An experienced Annapolis family law attorney at Cynthia H. Clark & Associates, LLC can help you create a parenting plan agreement with your spouse that allows for creative visitation arrangements that accommodate the best interest of the child and his or her relationship with both parents. If you or your spouse is considering a move, please contact us to learn more about how your custody and visitation schedules may be affected.

Divorce

What to Expect When You are Divorcing

When most people walk down the aisle and say, “I do,” they are incapable of envisioning themselves as anything but blissfully in love with their partner for the rest of their lives. It can come as a bit of a shock when you realize that your marriage is ending – even when you are the person who initiated the dissolution.

At Cynthia H. Clark & Associates, LLC, we have helped a lot of people through the process of getting a divorce in Maryland, and have found over the years that most are unprepared for how it will affect their lives outside of simply not being married anymore. We want our clients to be prepared for these surprises as best they can, so we wanted to talk a bit about the hurdles you might face outside of the legal realm:

You will need a support team. Make sure that you surround yourself with a support network of people who care about you and will listen when you need to vent. Seeking the help of a professional counselor is not a sign of weakness; in fact, he or she can help you adjust to your new life in positive ways.
Some people will choose sides – and they may not be who you think. Some of the people you thought you would be able to rely on will choose your spouse’s side. Others will side with you even though you assumed they would not. Many may choose to remain friends with both of you. Regardless of what happens, be respectful of your ex and focus on being present with the people you are with.
You will feel things you did not expect. When you and your former spouse are finally finished with the divorce process, you may experience feelings of loss or sadness you were not expecting. Be prepared to face a rollercoaster of emotions as you go through the divorce. This is perfectly normal.
You still need to take care of yourself. Getting a good night’s sleep, eating well and engaging in the activities you always loved whenever you can – essentially, maintaining a “normal” routine –will help preserve your sanity while everything around you seems to be in chaos.
Your kids are dealing with the changes, too. If you have children, remember that each one will process the divorce in different ways, and it will impact them far more than you think it will. Do whatever you can to shield them from the conflict, and be available to listen when they need to talk. Encourage them to talk about what they are feeling even if it is not with you. Knowing that what they are feeling is OK and normal and that they will get through it can help them face the tremendous life changes they are going through.
Your future is what you make of it. As you move through the pain, anger, frustration, and insanity of divorce, take some time to focus on planning your future. Focus on making plans for your new life while you close this chapter on your old life. Endeavor to use this experience to learn from the mistakes of your past so that you are not doomed to repeat them again.

We have heard people say that divorce is almost worse than the death of a loved one. When someone dies, you grieve their loss and move on. When a marriage ends, it represents the loss of the hopes and dreams that the two of you shared. Even if the divorce is a welcomed thing for you, it still represents a dramatic life change. Allow yourself the time and the space to grieve. You might not realize it, but you will need it – and you will be better off in the long run for it.

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

Divorce

Getting Through the Holidays When You are Going Through a Divorce

The holiday season seems to be about celebrating family traditions and remembering what you did in years past. When you are going through a divorce, it can be painful to think about previous holidays – but if you have a child to consider, you cannot simply pull the blanket over your head and wait for the season to pass. What can make the holidays difficult to get through is the expectation that it should be a joy-filled time of happiness, celebration and good times. If you are feeling the pain of going through a difficult divorce, or if this will be the first holiday season since your divorce, there are things that you can do proactively to have the kind of experience you want to have, and start creating new memories for you and your children.

Communicate with your former spouse about schedules. Come to an agreement about how you will share the holiday time between the two of you with the children and plan pick-up and drop-off times.
Check in with your children and make sure that they are OK. While children are a lot more resilient than adults sometimes give them credit for, it can be reassuring for them to hear that everything is going to be all right, or that any obstacles they are facing can be overcome. Avoid allowing your own feelings of anxiety, sorrow or anger to filter through in those conversations, and focus on what they need, emotionally or physically.
Coordinate gift buying with your former spouse. Resist the urge to try to make up for all of the turmoil of the divorce by overspending and lavishing them with gifts. Children want time and attention from their parents. Neither of those costs a thing.
Create new holiday traditions. Rather than focusing on how things used to be when the family was together, create new holiday traditions. Get the kids involved and allow them to contribute ideas to make the time you spend together special.
Find a place to volunteer for the holidays. When the children are spending their time with your former spouse, find an opportunity to give back and do some kind of volunteer work in your community. It provides a great way to get your mind off of your personal woes, and you will gain so much through the act of giving of your time to help others have a good holiday season. If you can include the children when they are with you, so much the better.
Schedule in some time for self-care. Hang out with your friends, do some fun, outdoor activities and go out of your way to avoid feeling isolated and alone.
Find a trusted counselor. If you find that you are really having a difficult time coping with the stress of the holiday and the stress of the divorce, be willing to talk to someone about it. Your clergy, a counselor or a trusted confidante will help you process your feelings and feel encouraged that you will get through this in one piece.
Let go of the image of the “perfect” holiday. Remember that the images that you see in the movies and that are described in holiday songs are fabricated. Keeping your expectations realistic will help you get through a challenging time. Besides, your new traditions could eventually become you “prefect” holiday, and you want to leave yourself open to that.

When you decide to take a proactive approach to the holidays it can make a huge difference in how you move through them. Do not let the pain of your divorce completely derail your holiday celebrations. This rough time will pass soon enough. Take the time to enjoy your life now, and help your kids get through this time of transition with some great holiday memories.

The experienced Annapolis family lawyers at Cynthia H. Clark & Associates, LLC have helped countless clients throughout Maryland move successfully through divorce and onto starting their new lives. You can count on our knowledgeable attorneys to offer skilled, competent legal support during a challenging time. Please contact us to reserve a consultation at our Annapolis office location to discuss your case.

Divorce

Getting a Divorce? There’s an App for That: Smartphone Apps to Aid Post-Divorce Communications

One of the biggest challenges that many couples have post-divorce is communication. When you have children together, just because the marriage has ended does not mean that your relationship has ended. It will continue throughout your child’s life, but it will definitely change. If the divorce has been difficult or contentious, then you might have a hard time communicating with your former spouse. Since you still have to talk with them about all child-related issues, there are smart phone applications that will help ease the stress of trying to find a new way to interact with your former spouse.

Divorce log is an iOS and Android shared calendar that helps you keep track of divorce-related expenses, such as spousal and child support and parenting time schedules. It keeps everything in one place, and the information stored in the application can be easily shared with your divorce attorney.
2Houses is an application that makes communicating about your child’s life easier when you are divorced. It features a shared calendar so that both parents can keep track of their kids’ schedules, and it notifies you when a calendar item has been updated.
iSplit Divorce is an iOS application for iPads with a version for clients and a “pro” version for attorneys. This application uses visual computing to help divorcing couples decide how they will split up their assets. It uses the same ten categories that the courts use and it assigns each asset category an icon. The icons can then be dragged and dropped easily and the application re-calculates the asset or debts value in real time.
Our Family Wizard is an application designed to simplify the challenges of co-parenting. It has a shared calendar, messaging, expense tracking and event updates to keep both parties informed of important dates and events.
Divorce Coping Tip of the Day. For those who are going through a divorce and who think it might be uplifting to receive a bit of encouragement and advice, this Android application offers daily bits of wisdom for those who are preparing to leave their spouse, going through divorce, and moving on with their lives.

As convenient as these applications can be, there will still be times when parents will actually have to speak to one another. But when all of the details are in order, and there is a paper trail for payments and event notifications, it can help eliminate the source of a lot of conflict between former spouses.

Working with an experienced Annapolis divorce attorney can help make sure that you understand the divorce process, that your interests are protected and that you have the legal support to handle all of the challenges that come with divorce and learning how to co-parent after the divorce is final. The trusted legal team at Cynthia H. Clark & Associates, LLC is here to advise you and represent your interests in a divorce. You may contact our firm today to arrange a consultation to discuss your case. We are proud to serve clients throughout Maryland.

Divorce

The 12 Month Wait is Over for No-fault Maryland Divorce

Prior to the passage of a new divorce law in Maryland, couples who wish to file for a no-fault divorce had to wait 12 months to do so. Starting in October 2015, couples without minor children who wish to divorce on “mutual consent” grounds may bypass the former 12 month waiting period that had been a requirement. They must come up with a written separation agreement that settles spousal support and the division of marital property.

With the passage of this new law, a couple seeking a divorce on a mutual consent ground would file a complaint for absolute divorce along with a settlement agreement. Both spouses would be required to be present at the hearing.

Now couples who agree to all of the terms of the divorce will be able to save both time and money. If a couple did have any kind of dispute or disagreement about the terms of their separation, they could utilize the normal means available to resolve that dispute.

Other changes to the law

In addition to the reduction in the time parties had to be separated prior to their filing for divorce, the time needed for one of the parties to reside in Maryland, if the grounds for divorce took place outside of the state of Maryland, is also reduced from a year to six months. The new law also removes certain required elements of the grounds of limited divorce. If a married couple is already living apart and one of them decides that they want to divorce, they can do so with a much more simplified process.

These three revisions in the law represent the incremental changes that are taking place in Maryland divorce law.

While the changes in the law make obtaining a divorce by mutual consent much simpler, getting to a place of mutual consent requires the help of an experienced Annapolis divorce lawyer. You want to ensure that your rights are being protected and that you can still get the most favorable settlement possible. With this streamlined process, you can settle your divorce and move on with your life in a far more reasonable time frame.

If you are considering divorce, please contact Cynthia H. Clark & Associates, LLC to reserve a consultation time with a skilled Annapolis divorce attorney. We proudly serve clients throughout the state of Maryland.

Divorce, Family Law

The Unintended Effects of the Ashley Madison Hack on Your Divorce

When AshleyMadison.com was first hacked, there were plenty of people out there who paid very little attention; after all, unless you were using the site (or an avid listener to a certain “shock jock” who advertises for them during his show), the chances were good that you had never even heard of that website. But now that the full extent of the hack is public knowledge, all of us are starting to see the fallout.

The truth is, the Ashley Madison hack can have a far more negative impact on a user’s life than simply revealing that he or she may have cheated on a spouse. Whether this new knowledge has led to the decision to divorce, or you were already in the process of dissolving your marriage, you now have some other problems to consider:

Your banking and credit card information is out on the Web for hackers to find. A lot of the controversy surrounding the hack has focused on making uninformed moral judgements about people – but there is a far more sinister element at work. Your personal information and credit card accounts are now open and available to hackers all over the world. You entire identity could be at risk because of it.
Your kids are about to find out. If your children spend any time online at all, chances are they already know that you or your spouse were affected by the hack. Whatever plans you may have had to break the news of your divorce gently to your children are gone. We talked about the effects that humiliation can have on divorcing spouses, but that same humiliation can affect your children (and potentially sway a Maryland family law judge’s decisions regarding custody) as well.
You could lose your job. A number of employers – like the State of Maryland – require employees to sign an ethics clause. The Ashley Madison hack could reveal that you have violated the terms of that clause, which could leave you out of a job. People who have security clearances could find themselves having difficulty with their security unit which will surely look at the Ashley Madison information in evaluating a security clearance. If you have alimony or child support payments to make, you may need to petition for a modification of your divorce decree to avoid falling behind (or going to jail).

What you do with your private life is your own business. Although it is 2015, the lifestyle on the Ashley Madison website is outside the “mainstream” of adultery and the Ashley Madison hack may have put that business out into the world. You could face some long-term repercussions because of it, even if you and your spouse decide not to dissolve your marriage as a result. We want everyone to be aware of the damage the hack could have on their lives, so that you can take the proper steps to protect yourself and your family.

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

Child Custody, Child Support, Divorce

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