Posted on February 08, 2022 in Divorce

Filing for divorce in Maryland is not a simple and quick process unless there are no dependent children involved and both spouses are agreeable to the split. Marriage in the view of the state is effectively the same as a business contract, but it also carries the authority to have children legitimately under the acceptance of the state. States effectively control marital relationships just like any other formal and legitimate business partnership, basically for tax purposes. The divorce returns the spouses to individual status from a single legal unit. And just as with any other business dissolution, there are administrative steps involved in the process.

Temporary separation petition filing

The first step in a divorce is the court order establishing a temporary separation as a single legal entity. Maryland is actually one of the states that allows continuing legal separation as an option to a permanent split. This is determined by the type of initial divorce petition.

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 Posted on January 25, 2022 in Child Custody

A Maryland judge typically won’t prevent a parent from spending time with a child merely because of that person’s financial situation. However, your finances may be a factor when that judge must decide if you should have custody of your children.

Can you afford to give your child what he or she needs?

As a primary caregiver, you will need to provide your child with basic necessities such as food, clothing and shelter. If you can’t afford to live in a safe area, you may not receive custody of your children. The same may be true if you can’t afford to live in a home that is large enough to accommodate your son or daughter.

Resources may be available to help you raise your child

It’s important to note that the relationship between a parent and child is a critical factor when crafting a child custody ruling. Therefore, if you have a strong bond with your child, you may be granted custody of that minor regardless of how much you earn each month.

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 Posted on January 11, 2022 in Divorce

As Maryland residents prepare for divorce, they might be surprised by some of the issues that come up. Divorce is often a complicated, emotional process and preparation can help offset the sting when a dispute begins.

Division of property can be a contentious process

As an equitable distribution state, Maryland law establishes that during a divorce, property is not necessarily divided equally but in a fair manner. This might surprise some divorcing spouses who expected to get a settlement for fully half the value of the assets. This means that often, during this process, you and your soon-to-be ex-spouse will need to negotiate the division of the property. Some of the things you need to learn about include:

• The present value of each asset
• Any tax consequences for selling the asset
• Hidden costs and expenses related to the asset that are easy to overlook

As well, you need to become somewhat emotionally detached as negotiating based on emotions can financially hurt and threaten your financial well-being. During this process, you will also need to be clear about all your debt, individual and joint, so you can address it legally and not find yourself responsible for paying a bigger share of the debt after the divorce.

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 Posted on December 14, 2021 in Child Support

A parent might love a child very much but be unable to provide the necessary care. Sometimes, neither parent can tend to the child’s needs, so the young one enters the foster care system. If the parents seek a divorce in a Maryland courtroom, the decree could include paying child support. The parent obligated to make the monthly payments may wonder if the child’s placement in foster care reduces or eliminates the child support requirements.

Child support and foster care

The foster care system intends to provide a supportive home for the child in need of a caregiver. When accepting the young one in a home, the caregiver takes on many responsibilities, but the biological parents do not find themselves freed from financial obligations. If the parent must pay child support, the support order would likely remain in effect when the child is placed in a foster home.

Those who do not meet their child support payment obligations could find themselves in legal trouble. Falling behind in child support could lead to wage garnishments and arrests.

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 Posted on December 13, 2021 in Child Custody

Nesting may be an ideal solution to sharing custody of your child after a divorce. This is because it allows your child to remain in the same Maryland house that he or she is already familiar with. However, there are several variables that you need to consider before deciding if this is something that is right for yourself, your child and your child’s other parent.

How nesting differs from other parenting plans

Those who choose to pursue the nesting strategy will spend part of their time in the family home and part of their time in a separate home or apartment. For instance, you may spend weekdays at home with your child while spending weekends in an apartment across town. While you are away, your child’s other parent will live in the family home. Your child gets to live at the same address regardless of who is there to offer supervision.

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 Posted on December 01, 2021 in Divorce

Many individuals don’t know what they should do or how to proceed when their spouse requests a divorce. There’s no definitive roadmap, and navigating these uncharted waters is all the more challenging when it comes as a surprise. Here are the best strategies to take when your spouse tells you they want to file for divorce in Maryland.

Prioritize the kids

First and foremost, if children are involved in the marriage, your responsibility as a parent is to protect their interests. Divorce can be emotionally taxing for children, possibly leading to long-term mental health issues.

The sad reality is that resolving child custody issues can become an issue, especially when the divorce is acrimonious. You don’t want to gamble with your children’s physical and emotional well-being.

Knowing how to act appropriately can limit the damage that a divorce can cause and protect your children. Seek counseling if necessary for both you and the kids.

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 Posted on November 12, 2021 in Child Support

After a divorce between married parents, child support must be established. In Maryland, just as in other states, the child has a right to receive support from both parents. Here is what you should know about child support and how it’s determined.

What are the child support laws in Maryland?

Child support is determined through what’s in the best interests of the child. Per Maryland laws, both parents pay a specific portion of their gross income toward supporting their child. There are special guidelines that state how much each parent must pay.

Each parent pays child support toward their child until the child reaches their 18th birthday or after they have graduated from high school, whichever happens later. Support can continue up until the child turns 19. It can also be stopped if the child becomes emancipated before their 18th birthday.

How is child support determined in Maryland?

Maryland follows the income shares guidelines for determining child support. The specific amount that each parent must pay is calculated through a formula. That formula involves the combined incomes of both parents and the number of children they share. Then, a percentage of the total amount that each parent must pay toward each child is determined based on each party’s respective income. Even if one of the parents is unemployed, they are still required to pay their child.

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 Posted on October 29, 2021 in Divorce

When a marriage begins to fail, one or both spouses might consider a divorce. This often involves going through a deliberate process in a Maryland family court. Some may only possess a general idea about what is involved, and it might be beneficial to learn about the steps required. For some, a divorce could be long and complicated, requiring a court battle. Others might find the process moves quickly and they reach an agreeable settlement.

Exploring the divorce process

The first step in the process involves filing the divorce petition paperwork. Spouses should be aware that they must meet residency requirements on both the state and county level. Even when both spouses agree to the divorce and its terms, the process takes time. Many divorces do not receive a final decree until several months after filing the petition.

Since the couple might cease living together during the divorce process, they may ask the court for a temporary order before everything finalizes. Often, a spouse may suffer financial hardships when a partner leaves the household. So, a request for temporary spousal or child support may be necessary. Any support ordered by the court might alleviate some burdens.

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 Posted on October 14, 2021 in Child Support

If you are struggling to make ends meet in Maryland with your current child support agreement, you’re probably considering asking for a modification. Conversely, if you are the person making the support payments, you may want to petition for a change if you have a job loss. Before you do so, make sure that you or your former spouse understand the process for asking for changes in the support agreement.

When to request child support modification

Most of the time, a family court will only consider a child support modification will only consider a change to an agreement when there is a significant change in the payor’s income or the child’s need. Parents who owe child support may consider a reduction in their payments if they suffer a job loss or a significant decrease in salary.

When receiving support payments, you may be eligible to request a modification and receive more if educational costs or medical expenses have increased considerably.

Note that the state of Maryland has specific rules for requesting a change in child support payments. The courts advise that you petition for child support modification in writing. You also have the right to ask the court to review your agreement once every three years.

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 Posted on October 06, 2021 in Property Division

Mutual trust is often what makes two people decide to marry. Mistrust, however, is the cause of divorces and results in hidden assets in some cases. In Maryland, both spouses need to prepare before divorce if they want equitability later on. Before even discussing divorce with your spouse, it often helps to first tally up the assets you know he or she owns. The following examples are of asset types and common ways to uncover them. Such assets, without research, may be hidden in a divorce.

Placing money into unknown accounts

Though you’re married, you have the right to open bank accounts without your spouse knowing or his or her permission. These accounts are effective because no one knows where they are or what’s in them. Secret accounts are often used to hide credit cards. Through various accounts, your spouse can overpay taxes or transfer money into a safe deposit box.

Getting access to your spouse’s financial records

To do your research before a divorce, investigate your spouse’s financial filings for assets. If you’re not convinced regarding the divorce, your examination of your spouse’s finances should remain discreet. You don’t have to make any notion of your intent, especially, when you file joint taxes. In order to reveal hidden assets, you should ask your spouse about:

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