Divorce Archives - Page 9 of 12 - Cynthia H. Clark & Associates, LLC

Why the “DIY Divorce” is Never a Good Idea

Man signing divorce decree and taking off wedding ring, copy space, blurred background

It is never a wise decision to attempt to resolve your own divorce. Regardless of how much you believe that you and your spouse are on the same page about your uncontested divorce, it often turns out that you may disagree on quite a number of important issues. One may seek a divorce without the assistance of any attorney but it is not advisable.

There are website from which one can purchase boilerplate documents. These sites make it seem as if there is nothing to divorce other than filling out a few forms and filing them. You could pay your fees, download the documents and then you would be on your own to figure out what to do next. These sites also have forms related to financial disclosure, child support and alimony. The forms are simply waiting to be filled out; however, they do not contain the answers you need. They will not offer you the support or the benefit of years of experience gained from helping countless other couples dissolve their marriage. There is no way to ensure if the paperwork you have purchased comports with current Maryland divorce law, which changes all of the time. How will you know if there are items missing from your paperwork that could potentially put your financial future in jeopardy?

Making child custody decisions

Do you and your spouse have children? Deciding who will get primary residential custody of the child, and the amount of child support to be paid, are important decisions, and one of the more challenging aspects of most divorces. Who will be responsible for the child’s health and dental insurance? Which parent will make decisions about where your child will go to school? If you have never drafted a parenting plan – which details a visitation schedule, as well as other details pertaining to the child’s education, health, and extracurricular activities – you may not realize just how many more decisions you have to make.

Grounds for divorce in Maryland

In Maryland, you must have grounds (legal reason) for the divorce. There are fault-based grounds such as adultery, desertion, cruelty to spouse or child, conviction of a felony or insanity. Recent changes in Maryland divorce law now allows couples without children to bypass the former 12-month separation requirement to obtain a no-fault divorce if they have executed a separation agreement. A skilled divorce lawyer can help you find the best resolution.

Has your spouse hired an attorney?

Representing yourself when your spouse has hired an attorney puts you at a distinct disadvantage. Without a thorough knowledge of Maryland divorce law, or keen negotiating skills, you will not be able to obtain as fair an outcome as you would if you had your own representation during the divorce. In truth, most judges in Maryland’s family law courts will urge you to seek representation, especially if your spouse has a lawyer.

How will you handle the issue of alimony?

The purpose of alimony is to enable a spouse to become self-supporting. Temporary/rehabilitative or permanent/indefinite alimony may be awarded. There are numerous factors used to determine if alimony is appropriate, who will pay it and for how long. Without the support of an experienced, Maryland divorce attorney, you will be unaware as to what is available, and how any agreement reached regarding alimony will impact your future finances.

Property division

When you divorce, the property accumulated during your marriage will be divided equitably. Without knowing how to determine what is marital and non/marital property, you may be unable to determine who keeps the primary residence and all of the other assets that you have accumulated during your marriage. Even with the services of a lawyer, the asset division process can be fraught with conflict. Navigating this process on your own leaves you vulnerable because of your lack of knowledge about Maryland divorce process and what is available to you.

The best way to avoid the disasters that could take place with a DIY divorce is to hire an experienced, Maryland divorce attorney from the law firm of Cynthia H. Clark & Associates, P.A. You will enjoy the benefit of a supportive legal team that will protect your interests and make sure that you get the best settlement possible. In your attempt to save money by doing it yourself, you may end up making unfortunate choices that will have a negative impact on your future. Contact us today to schedule a consultation to discuss your case in our Annapolis office today.

Divorce

In Maryland, Can a Child Choose Which Parent to Live With After a Divorce?

Child custody is often characterized as a tug-of-war between two parents with a child in the middle. Each party tries to strategize and present themselves in the best light so that they achieve the outcome they desire. Although the best interest of the child is supposed to be the standard that governs child custody negotiations, the battle between the parents can sometimes be about fulfilling their own needs rather than making a choice that is best for the child.

Even after the parents have prepared their custody agreement, the judge will review it to ensure that the child’s best interests have been considered. There are several factors that must be taken into consideration when deciding child custody. Of course, there is a world of difference between a child expressing their preference and actually choosing which parent they prefer to live with. A judge may listen to what a child who is eight or nine years old and older has to say, and that judge can take it under advisement as they consider all of the other factors in deciding custody. The judge may choose to interview the child away from the presence of the parents. This session can be recorded or transcribed so that the parents can listen to it or read the transcript later.

A child can express his or her wishes about which parent to live with, but the judge will make the ultimate determination.

Changing the custody agreement

Once the child reaches the age of 16, if he or she is not happy with the current custody arrangement, the child can petition the court to request a change. Children must be able to prove that the change in custody that they are requesting truly is in their best interest. The judge will ultimately render a ruling that they believe would be the best arrangement for the child.

Custody decisions are modifiable. If a child feels the custody arrangement is not in their best interest, the court will listen to their request, and render a decision. Your Maryland child custody attorney from the law firm of Cynthia H. Clark & Associates, LLC can advise you about child custody modifications and any other issues pertaining to divorce.

Child custody is often a contentious issue, but the family law attorneys at Cynthia H. Clark & Associates, LLC have more than 30 years of combined experience representing countless families just like yours throughout Maryland. You are welcome to contact us to reserve a consultation today at our Annapolis-based office.

Divorce

Putting Your Children First: the Lowdown on Child-Centered Divorce

When parents divorce, there is the potential for high emotion, conflict and confusion as they work through the painful process of dividing households. Amidst the fights about who gets the beach house, and who gets that painting in the foyer, and whether or not there should be alimony, the kids are waiting for their parents to recognize how much all of the drama is upsetting the order in their lives. Both parents love their children, but they are often so busy fighting with one another that their children often end up simply going along for the ride in their parents’ crazy divorce.

There is another way that parents can avoid having their children become casualties of their dysfunctional divorce. There is an approach called Child-Centered Divorce which seeks to put the welfare of the children first in the divorce process. Roslind Sedacca, CCT, is the author of How Do I Tell the Kids about the Divorce? A Create-a-Storybook Guide to Preparing Your Children – with Love! and founder of the Child Centered Divorce Network. She is a divorce and parenting mentor who guides parents through the dissolution process and toward developing successful co-parenting relationships with their former spouses. Sedacca says, “I believe that it is not divorce itself that negatively affects our children. It is the parent’s approach to divorce that determines whether their children will be angry, insecure, frightened or in other ways emotionally scarred from the divorce experience.” Sedacca encourages divorcing parents to keep their children’s needs in mind and to do whatever they can to prevent unnecessary difficulty for them while they sort through the issues in their divorce.

The American Academy of Matrimonial Lawyers (AAML) also released a guidebook on child centered divorce in September 2014 called, AAML Child Centered Residential Guidelines, which offers divorcing parents a framework for focusing on the needs of the children during divorce and then later in the co-parenting relationship.

Child centered divorce is about creating parenting and visitation schedules that work for their children and their family, how to make the most of the time that the child spends with each parent and how to thoughtfully manage the transitions between the two households. Taking a moment to take your child’s needs under advisement before making any big decisions would be a priceless gift for them.

At Cynthia H. Clark & Associates, LLC, we help to guide our clients through the divorce process, and we help our clients make sure that their children’s needs are taken into consideration. Our knowledgeable divorce attorneys offer skilled, compassionate legal support for people throughout Maryland, during a challenging time for your family. Please contact us to reserve a consultation at our Annapolis office location to discuss your case.

Divorce

What is Dissipation of Marital Assets in Maryland?

Divorce can sometimes be a fractious, conflict-laden ordeal that causes people to do crazy things. In an effort to seek revenge on the other party, people are often willing to make poor choices that can have difficult consequences. The dissipation of assets occurs when one spouse spends a significant amount of marital money for a purpose that does not support the marriage when it is clear that the marriage is coming to an end.

However, when a couple is married, their salaries and other forms of income can be considered marital property. The intention behind dissipation of marital assets is usually to diminish the amount of funds available during the property division process in the divorce.

Some examples of dissipation of assets might include:

One spouse decides to take an expensive vacation and invites all of his or her friends, and then pays the way for those guests – including things like meals, drinks, special excursions and souvenirs; or,
One spouse decides now is the time to take that trip around the world by him or herself, even though that trip costs $50,000.
One spouse starts making big-ticket purchases – cars, vacations furniture – for a “friend.”
One spouse “gives” a considerable sum of the couple’s money to his or her sister or brother.
Money is suddenly missing from accounts, with no explanation as to what happened.

How the courts might react

The court requires both parties to submit financial disclosures as part of the divorce filings. If the court finds that one of the parties has dissipated marital assets, is hiding assets, or had intended to defraud his or her spouse in the taking of the marital funds, that person may end up receiving a smaller share of the assets in the divorce when the amount that was dissipated gets factored in. In a case when a wife accuses her husband of dissipating marital assets, the wife must be able to show how the husband spent the funds for personal gain.

In Maryland, the court uses the equitable distribution model to divide marital assets in divorce. While the court makes every effort to divide the assets fairly between the spouses, it is not always divided equally in half. In cases such as the dissipation of marital assets, the court counts whatever amount was dissipated as if it still existed when they divide the estate. The party who was found to have dissipated funds will lose out in the end.

A knowledgeable Maryland divorce attorney from the family law firm of Cynthia H. Clark & Associates, LLC puts their more than 30 years of combined experience to work on your behalf to make sure that you get the most favorable divorce settlement possible. Contact us to reserve a consultation to discuss your case in our Annapolis office today.

Child Custody, Divorce

Maryland Parenting Plans: the Challenges and Opportunities of Co-Parenting

When a couple who has children divorces, their actions will have a deep and lasting impact on the child. So often, couples get so caught up in the conflict, and the gut-wrenching pain of ending a marriage and dividing households, that they can lose sight of the impact that the divorce is having on their child. The Maryland Parenting Plan is the document that will govern their lives as co-parents, and it will make sure that the interests of the child are paramount amongst all of the peripheral strife that is occurring as the marriage dissolves. Children benefit from structure, order and routines. Taking the time to work with an experienced Maryland child custody attorney will help to make sure that the child’s needs are carefully considered, that the plan is flexible enough to be practical, but is structured enough to honor all parties involved.

Developing a parenting plan

While it might seem tedious and time consuming, a well-considered, carefully developed parenting plan that delineates structure and routines can help smooth out the potentially difficult transition that children whose parents are divorcing must go through. When there is a structured plan in place it makes everyone’s life easier, but the child will most likely reap the greatest benefit.

A parenting plan is completely customized to consider the needs of the child in question and they include such topics as:

Vacation and holiday schedules
Parents’ work schedules
Educational, sports and other extracurricular activities for the child
Transportation
Child care
Travel plans
Emergency plans
Religious education
Health care/ doctor visits

In some situations, parenting plans will include whatever special circumstances apply to a child, for example a child with special needs, physical handicaps, or mental health challenges. The plan should include specific schedules with regard to pick-up and drop off days and times, holiday arrangements, and how the parents will communicate with one another and how the non-custodial parent will communicate with the child.

How much detail should a parenting plan include?

In her groundbreaking book about families and divorce, The Good Divorce, author Connie Ahrons created a typology of post-divorce spousal relationships. The descriptions of these relationship types can be helpful when trying to figure out exactly how much detail might be required for a parenting plan agreement. As a general rule, the more conflict between parties the higher the level of detail will be required in the parenting plan. The five categories of post-divorce relationships between co-parents include:

Perfect Pals. These two have maintained a friendly rapport, they remain connected and might even share holiday or birthday celebrations. Perfect pal relationships would allow a greater amount of flexibility in parenting plan agreements.
Cooperative Colleagues. Although they do not consider each other to be friends, they can still interact and communicate easily. They do not spend family celebrations together, but they have no problem coming to a mutual agreement about holiday and vacation schedules.
Angry Associates. These co-parents interact only when required to and they do not have much communication between them. These co-parents tend to be tense, hostile and even engage in conflict. They often require strict schedules with pick up and drop off in a neutral location.
Fiery Foes. There is a high level of conflict between the co-parents, extended litigation, and an inability to resolve any conflict between them. These co-parents would also require a significant amount of structure in a parenting plan that would likely have to be developed by the court through their legal counsel.
Dissolved Duos. The former spouses have no communication, and the non-custodial spouse may have moved out of the area leaving the custodial parent to raise the child as a single parent.

While developing a parenting plan might be a challenging process, both parents have the opportunity to make sure that their child’s needs are carefully considered and that they do as much as possible to provide structure and stability for the child after the divorce is final.

When you work with one of the experienced Annapolis-based child custody attorneys at Cynthia H. Clark & Associates, LLC, you can feel confident that we will protect your rights and guide you through the divorce process with care. You may contact us today to schedule a consultation at our office.

Divorce, Family Law

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.