Family Law Archives - Page 3 of 4 - Cynthia H. Clark & Associates, LLC

Maryland Strengthened Stalking and Domestic Violence Laws to Better Protect Victims

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Maryland has passed two new bills that will strengthen existing laws regarding peace orders and stalking.

The first bill, House Bill 155/Senate Bill 278: Criminal Law – Stalking and Harassment, would prohibit a person from engaging in a malicious course of conduct where the person intends to cause, knows or reasonably should have known that the conduct would cause serious emotional distress to another. This new law changes the definition of stalking, harassment and the misuse of electronic communication. It removes the need to prove malicious intent and expands the definition to include cases where the defendant’s intentional acts cause the plaintiff serious emotional distress.

According to federal law, stalking occurs when an abuser acts in such a way as to intentionally create fear of harm or death for the victim. 18 U.S. Code § 2261A Stalking is a way in which abusers can exert power over their victims, terrorize them and cause them significant emotional distress without ever laying a finger on them. The National Coalition Against Domestic Violence reports that a 2011 survey found that 5.1 million women and 2.4 million men have been victims of stalking in their lifetime. Stalking can be an indicator of other forms of violence. About 81 percent of women who were stalked by a current or former husband or cohabitating partner were also physically or sexually assaulted. Stalking victims suffer higher rates of depression, anxiety, insomnia and social dysfunction than others in the general population; 37 percent of stalking victims suffer from post-traumatic stress disorder; and, one in four stalking victims contemplate suicide.

These changes to Maryland stalking laws would punish those who engage in systematic, psychological torture against their victims, create a more substantial deterrent than the laws currently in place provide, and protect potential victims of these terrifying crimes.

Expanding Peace Orders to include the tools of modern technology

The second bill is House Bill 314: Peace Orders – Grounds for Relief. Changes to the law with regard to those grounds a person would require in order to obtain peace orders against another person including the addition of the following: misuse of telephone facilities and equipment, misuse of electronic communication or interactive computer service, revenge porn, and visual surveillance to the list of offenses alleged to have been committed by a respondent against a victim for which a peace order request or a peace order petition may be filed under specified circumstances.

While stalking most often involves the perpetrator physically following and spying on their victim, stalking can also take place electronically. The changes to the law update the current law to include all of the tools now available to harass victims electronically. Therefore, if an abuser has been harassing their victim by sending unwanted or threatening text messages, telephone calls or voicemail messages, emails, and engaging in revenge porn, these behaviors are now included in the law. Now victims can achieve a sense of safety from these behaviors by obtaining a peace order.

If you are going through a divorce or dealing with another family law issue, and you do not feel safe in the same house with a family member or partner who is hurting you or your child, we can help you seek protection. Please contact Cynthia H. Clark & Associates, LLC, right away to meet with us in our Annapolis office. If you do not live in Annapolis but are still living in fear, please call us to find out how we can help.

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.

Family Law

Have You Included Fido in Your Estate Plan?

If you are an animal lover, you know how much your four-legged – or two legged, or even “no-legged” – friends mean to you. If something were to happen to you, what would happen to your pet? You most likely have an estate plan for yourself and your family that clearly articulates what will happen with your assets. However, if you do not make specific arrangements for your pets, no one will know what your wishes are for how your pet will be cared for after you are gone.

Maryland statutory pet trusts

The state of Maryland enacted a pet trust law in 2009, which provides for the creation of a trust to care for an animal that is alive during the lifetime of the settlor. The trust will terminate when the last animal included in the trust dies. The property of the trust may only be used for the intended purpose of the trust (e.g., taking care of the animal) unless the court determines that the value exceeds the amount required for care.

The amount of the endowment is based on the pet’s standard of care while the owner is alive. So you would just tally up how much you spend on everyday items to care for your pet, including:

Food
Treats
Professional walkers or care takers
Grooming
Boarding
Veterinary care

Through the trust, you can provide detailed instructions on how the caregiver is to care for the animal when you become incapacitated or pass away.

If you do not have the cash on hand to fund a trust that will take care of your pet after you are unable do so, you have the option of purchasing a life insurance policy that names the pet trust as a beneficiary.

Establishing the terms of the pet trust

The first task is to identify the animal that is included in the trust with photographs and a microchip if possible. The trust can include a provision that will cover any other animals acquired later to avoid the need to keep updating the trust.

After you have identified the animals that will be covered in the trust, you must name a caregiver and a trustee. The caregiver will be the one providing the care for the animal and the trustee will oversee the disbursement of the funds and will occasionally check on the health and well-being of the animal. If you do not have anyone that you trust to name as a caregiver, or if do not know anyone who is willing to take on that responsibility, you could consider making arrangements with a no-kill shelter or animal sanctuary that would agree to take care of your pet in exchange for a donation to their organization.

Naming a beneficiary for the remainder of the trust

The remainder beneficiary should always be someone separate from the caregiver and trustee because they will receive any money that is left over in the trust after the animal passes away. Some people opt to name an animal rescue or advocacy group as the remainder beneficiary to avoid any conflict of interest.

If you have a beloved pet and you want to arrange for their needs after you are gone or unable to care for them, the experienced family lawyers of Cynthia H. Clark & Associates, LLC can ensure that you have proper counsel to help you create a pet trust that is customized to your exact needs. Please contact our firm in Annapolis to reserve a consultation.

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.

Family Law

Congratulations, Cynthia Clark, on Your Partnership!

Our clients and regular readers may have noticed that we adopted a new name for our firm. It is with great excitement and tremendous joy that we offer our congratulations to Cynthia H. Clark on becoming a partner at Cynthia H. Clark & Associates, LLC! We are all so lucky to have Cynthia as a part of our family and as an invaluable member of our team, and now that she’s settled into her new role, we wanted to share that excitement and joy with all of you.

Fun facts about Cynthia Clark

Looking at Ms. Clark’s bio, you can see just what an asset she is to any law firm – and why we are so happy that she joined us. An Annapolis native, she brings a sense of serenity to our office and to our clients, who are often going through incredibly frustrating and difficult times. She regularly volunteers her time working with young lawyers and with local youth services… when she is not at home helping her family with their homework, that is.

But Ms. Clark offers more than her passion and dedication to our firm. Did you know…?

She has a terrific sense of humor, and an infectious laugh?
She is a “die hard” Baltimore Ravens fan?
She has a secret – or not-so-secret – penchant for “chunky” jewelry? (And that she can pull it off like no one else can?)
That she has devoted herself to helping protect members of the armed forces in need of legal counsel?
That she can leap tall buildings in a single bound?

We cannot tell you just how proud we are of the work that Cynthia does, and how blessed we feel to know her as a person. She brings her passion, joy and dedication to everything she does, and we could not be happier for her promotion.

Congratulations, Cynthia!

Cynthia H. Clark & Associates, LLC is an Annapolis-based family law firm serving clients throughout Maryland. Please contact us to find out more about our services.

Family Law

Humiliation and Divorce: Learning from the Ashley Madison Hack

One of the first things we tell our divorce clients is to avoid social media when possible. The hack of the website AshleyMadison.com, a dating site for married couples looking for satisfaction outside of their marriages, should serve as a reminder that you should always be very, very careful what you post online. Not only are users anxious about their financial information being exposed, but many are now worried that the most intimate details of their private lives will be open to the public, putting them at risk of humiliation – and divorce.

That humiliation can play a large role in the dissolution of your marriage, though perhaps not in the way you think.

The myth of adultery and alimony

Our clients often ask us if citing adultery as a ground for divorce will enable them to obtain larger alimony awards, and the short answer is most likely no: it will not. Alimony, or spousal support, is a subjective award granted by a judge based on a number of factors; the cause of the breakup of the marriage is one of the factors that the court will consider when making an alimony award. Accordingly, infidelity by a spouse may have some impact on such an award, but it is difficult to determine quantitatively what the impact was since it is but one of a host of factors considered. The length of your marriage as well as the amount of assets you each contribute to that marriage, for example, could weight more heavily in a judge’s determination than whether or not one spouse cheated on the other. However, you may receive an additional award, or a greater share of the assets, if your spouse used your joint money to pay for items or services for his or her lover in a way that depleted your assets in a substantial way. By and large, however, you are not automatically entitled to alimony just because your spouse was unfaithful.

Humiliation, however, is a powerful force: a spouse caught cheating may feel guilt, and therefore feel obliged to give a larger share of the assets to his or her partner to assuage those feelings. And a spouse who has been cheated on may ask for a divorce immediately out of humiliation or anger, which can lead to a contentious battle.

Whether you were the spouse who cheated or the spouse who was cheated on, it is crucial that you speak with a divorce attorney before you do anything else. You need someone with experience who can stay cool, calm and collected about what has happened, and offer you guidance about moving forward. Rushing into a divorce will simply make things more difficult, and one partner could ultimately end up paying more (or receiving less) than what is equitable.

We do not judge our clients; we never have. But we would like to offer you one final piece of advice – advice that comes from years of experience representing people in Maryland divorce courts: everything you put online is documented. Using a site like Ashley Madison does not guarantee confidentiality; if anything, it records a “paper” trail of your actions and intentions. If you are truly unhappy and do not want to remain married to your current partner, using a dating site – even one that promises discretion – only puts your future at risk.

Cynthia H. Clark & Associates, LLC is one of Maryland’s premier family law and divorce firms. From our office in Annapolis, we proudly protect the rights and futures of clients throughout the state. We invite you to contact us to reserve a consultation time if you wish to discuss the divorce process.

Family Law

How Much Do You Really Know about Mediation?

It is common knowledge that mediation can result in a better possible outcome for both parties during a divorce. During mediation, compromises are made that allow assets to be divided as fairly as possible and with consideration for sentimental attachment and feelings. However, divorce requires the separation and dissolution of a relationship, and some loss must occur.

Mediation explained mathematically

Mediation, like marriage and divorce, is a social interaction. All social interactions are subject to rules, and the rules of mediation have been described mathematically at very high levels. John Nash, the famous mathematician portrayed by Russell Crowe in the movie A Beautiful Mind, devoted his life to the study of profit and loss through social interaction. Nash became famous for modifying the basics of economics, and his work has implications in every social situation.

Nash discovered a principle, fittingly called the Nash Equilibrium, which describes a situation in which two opposing sides have committed to a course of action and neither side can independently change its strategy without loss. As long as both parties pursue only their own interests independently, they will always reach a Nash Equilibrium.

The famous mathematician even used a nasty divorce as an example in his paper stating “It would usually pay both parties to compromise, but so long as one refuses to compromise, it is not worth the other party’s while to give way. They become trapped in a Nash equilibrium so that both lose out through the money… and emotional stress… But there is an escape clause; if the parties can communicate and negotiate, they may be able to break out of the dreadful trap.”

If you think that your divorce is beyond mediation, there is still hope. Having an aggressive and experienced Maryland family law attorney on your side can change the outcome of your divorce, and by extension change the rest of your life. Experienced legal help is essential, especially in complex divorces involving multiple properties and financial entanglements. In the end, mediation may not be possible, and that is when you want Peters &Clark, P.A. on your side. Contact us today to schedule a meeting to discuss your case.

Child Custody, Family Law

Why We Should Care about Sophia Vergara’s and Nick Loeb’s Embryos

Many people have disregarded the news stories about actress Sophia Vergara and her now ex-fiancé Nick Loeb, whose fight over frozen, implanted embryos has been making headlines. But the issue is actually quite important, especially if you and your spouse are thinking about undergoing, or currently undergoing, the in vitro process.

The whole sad story sums up like this: Ms. Vergara would like to destroy the fertilized embryos being held in storage, now that she and Mr. Loeb are no longer together. Mr. Loeb believes that life begins at fertilization, and therefore would like to raise the children those embryos would grow into on his own.

But who will win such a case? As of now the fertilized embryos cannot be touched, as the contract between Ms. Vergara and Mr. Loeb explicitly states that neither one can destroy the embryos; what it does not say, however, is what should be done if one wishes to move forward. As MSNBC.com reports, multiple states have tried to rule on who gets the embryos in the event of a divorce, only to have those ruling overturned in appellate court.

A dispute with large-scale ramifications

This type of case might seem exceptional, but it is not. As more and more couples are choosing to wait longer to have children – or any myriad reasons – freezing fertilized embryos for later use is becoming a more popular choice. In Ms. Vergara’s and Mr. Loeb’s case, the decision was made to freeze the embryos because, as Ms. Vergara put it, “We just wanted to plan ahead. My boyfriend Nick is three years younger than me and he’s never had a son. I have my son, Manolo, so it’s not that import(ant)… you know, it’s not like an emergency for me to have another kid. For Nick, yes, because he’s never had a baby.” And while the Catholic Church does not approve of in vitro fertilization, other religions may, lending credence to Mr. Loeb’s argument that he cannot see the embryos destroyed for religious reasons.

This is a very tricky area of the law, because the rules governing it are still new. Few rulings have been made, and little precedent set. To that end, it is worth your while to include instructions in the contract with your IVF clinic or in a pre-or post-nuptial agreement about what will happen to fertilized and unused embryos in the event of a break-up between you and your partner.

If it is too late for such actions, it would behoove you to work with a Maryland divorce attorney who has experience in such matters, such as we have. These types of cases require patience, diligence and an in-depth understanding of Maryland’s laws regarding divorce and property assessment.

If you and your former partner are at an impasse over fertility treatments, we invite you to contact Cynthia H. Clark & Associates, LLC today. We serve divorce clients with complex needs throughout Maryland.

Family Law

Military Divorce in Maryland Can Be Complicated

She is in the Navy on a ship for the next two years. This is her second overseas deployment since they got married. He is living in Bowie trying to raise two kids on his own while she is away. He’s in the Army Reserves, but he really wants to go back on active duty. Things have not been great between the two, and the last time she was home on leave a huge fight led to talk of divorce so they could both get on with their lives. He has a lot of questions about how they can get a divorce while she is deployed. He does not want to wait two years until she returns. What will happen with the kids, and the house they just bought?

To get started with the divorce process the spouse filing for divorce needs to figure out the proper jurisdiction and venue in which to file the divorce petition. The Plaintiff will file the petition in the circuit court. The residency requirement for a Maryland divorce is one continuous year immediately prior to the filing for divorce. The grounds for a military divorce are the same for a civilian divorce. The military spouse must be located and then served with divorce papers.

What are the differences between a military divorce and a civilian one?

Military divorces are settled in the state court rather than military courts. There are several rules that apply to active members of the military with regard to divorce that must be followed.

If the active duty spouse is served with divorce papers they are entitled to a 90-day delay after their active duty service is over in order to give them time to find and work with an attorney and prepare their case. The Servicemembers Civil Relief Act (SSCRA) protects members of the military from ending up divorced by default especially during times of war. If the active-duty service member does not want to contest the divorce they can waive the delay and let the divorce proceed.

In Maryland, child support is determined according to the state guidelines, however, child support and spousal support combined may not exceed 60% of the service member’s pay.

With regard to the military spouse’s retirement benefits, the Uniformed Services Former Spouse Protection Act (USFSPA) governs how they are disbursed and protects them from becoming joint property in a divorce. Marital property is all property acquired during the marriage except by gift or inheritance. This includes military retirement benefits. Ordinarily, the Court would issue a Court order for the division of those benefits. The Court order would go to the military to be processed and the military would pay the former spouse upon retirement and according to the terms of the Order. If, however, the spouses were married for less than 10 years, the military will not make direct payment to the former spouse. In those cases, payments must be made directly.

Additional considerations for military divorce

When the divorcing couple has children and one parent is on active duty with long deployments, establishing a permanent parenting plan can be a challenging task.

Before filing for divorce from a member of the military it makes sense to take the time to learn about the process and get clear on your rights and responsibilities. Scheduling a consultation with a knowledgeable Maryland divorce attorney who has had experience with military divorce will help put your mind at ease and answer the questions that have been on your mind.

Are you thinking about getting divorced from a member of the military? If so you are welcome to contact Cynthia H. Clark & Associates, LLC to schedule a consultation. We understand the nuances of military divorce, and we have the skills, experience and resources you want on your side during complex divorce proceedings.

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.