• Protecting Your Finances During a Divorce

    Divorce has a reputation for being a costly endeavor. And indeed, certain problems are unavoidable, such as making the shift to living on a single income. But there are ways you can slash the cost of your divorce while still investing in the best family attorney you can find in Baltimore County. To learn how, watch this brief video by a financial reporter.

    She explains the benefits of going into divorce mediation with an open mind. In fact, in many cases, the court may order you to attempt mediation with your spouse. By working toward compromises on child custody and other issues during mediation sessions, you can potentially reduce the time that you’ll spend in court with your family law attorney.

  • Steps to Take When You Are Served with Divorce Papers

    The most important step to take after being served with divorce papers is to contact a family law attorney with experience in Owings Mills family courts. Being served with divorce papers can be a very difficult—even traumatic—experience, but it’s crucial to act right away because you have a limited period of time in which to file your response. If you do not retain the services of a divorce lawyer promptly, he or she may not be able to file your written answer within this time period.

    Review the Legal Documents Carefully

    Divorce Decree Review Your divorce lawyer will help you understand the documents you received. Generally, divorce papers include the complaint or petition for divorce, a summons, and a tracking assignment. The tracking assignment informs you which judge has been assigned to your case. The document package should also include a blank financial statement; your family law attorney can prepare your financial affidavit for you. You might receive a motion for temporary orders, which will indicate the hearing date during which the motions will be ruled on. Temporary orders can make provisions for child custody, visitation schedules, and support while the divorce is pending.

    Organize Important Information

    After you schedule your initial consultation with a family law attorney, you’ll need to organize relevant documents. These include documents pertaining to marital assets, such as retirement accounts, savings accounts, stocks and bonds, and checking accounts, as well as documents pertaining to your income, like income tax returns and paystubs. Make copies of these statements and make copies of tax returns, credit card statements, and loans. It’s also a good idea to make copies of your children’s birth certificates, health insurance cards, medical records, daycare invoices, and daycare records. These documents may be useful in determining support obligations and demonstrating your involvement in your children’s daily lives.

    File an Answer

    After you meet with the divorce lawyer, he or she will draft your written answer to the divorce petition and file it with the appropriate court. Then, your lawyer will guide you through the next steps in the divorce process, such as preparing for upcoming court appearances and divorce mediation.

  • Who Handles Medical Decisions for Kids After Divorce?

    Important child custody issues are typically determined via divorce mediation or by the judge in your child custody case in Owings Mills , or anywhere in the Baltimore metro region. The parent that has been awarded legal custody of the child makes decisions regarding healthcare and medical procedures. Legal custody is different from physical custody, which determines which parent a child will live with on a day-to-day basis. Legal custody determines which parent will make long-term decisions about a child’s upbringing and welfare, such as medical decisions.

    In most cases, the court will award parents joint legal custody of the child. This means that both parents will have to consult with each other about medical decisions and medical care. If they are unable to reach an agreement regarding medical decisions, they may need to attend divorce mediation or a court hearing before a judge.

    A judge may aware sole legal custody to one parent, allowing that parent sole control over medical decisions made for the child. This typically only occurs if the other parent is determined to be unfit to make important decisions. This may be due to a physical or mental illness, drug or alcohol addiction, or past abuse.

    Medical Decision For Kids

  • Financial Tips for Seniors Facing Divorce

    Navigating divorce laws in Owings Mills is never easy, particularly if you are a senior. When you go through a divorce and one or both partners are retired, it can be difficult to determine financial obligations and responsibilities. If you are going through a divorce over the age of 50, it is crucial that you hire an experienced divorce lawyer who can help you reach an appropriate financial settlement.

    Watch this video for some valuable financial tips for seniors who are facing divorce. Ken Moraif of Money Matters discusses the key financial elements you must consider throughout your divorce proceedings.

  • Could Dating During Divorce Affect Your Case?

    Dating while a divorce case is pending is not advisable for a few reasons. As your lawyer in Baltimore County can explain to you, Maryland courts will allow a no-fault divorce if spouses with minor children have voluntarily lived apart each day for one year. Bear in mind that if one spouse does not want a divorce, this time period increases to two years under divorce laws in the state. Maryland family laws also allow for fault-based divorces, which do not require documentation of a legal separation. One of the grounds for a fault-based divorce is adultery.

    Until your divorce is officially finalized, you are still legally married even if you have been living apart from your spouse. This means that if you begin dating prematurely, you could be considered to be an adulterer. Additionally, your spouse may introduce evidence of possible misuse of marital funds, such as by diverting martial funds to pay for expensive vacations or luxury items for your date. If this occurs, the court may consider these issues in light of whether you or your spouse is requesting spousal support.

    Dating During Divorce

  • Dealing with Financial Issues When You Divorce Later in Life

    In recent years, the percentage of individuals over the age of 50 who are going through a divorce has been on an upward trend. When you consult a divorce lawyer later in life, there are significant financial issues you should consider. Your family law attorney near Pikesville may recommend that you consult a financial planner regarding the tax consequences of any assets you might receive. Your family attorney may also recommend that you consider the possible effect of the divorce on your healthcare plan.

    You can hear more factors to consider by watching this video or consulting your family lawyer. This video advises viewers to review their estate planning documents, since it’s likely that divorced spouses will need to change their beneficiaries, create separate wills, and establish separate trusts.

  • What Are the Grounds for Absolute Divorce?

    Maryland divorce laws provide for limited and absolute divorce. A limited divorce is actually a legal separation; spouses are still legally married during this time. In contrast, when an absolute divorce is finalized, spouses are no longer legally married. To find out whether you can file for an absolute divorce, you can consult family lawyers serving Owings Mills.

    Legal Separation

    When spouses do not have any other grounds for an absolute divorce, a divorce lawyer can file for a limited divorce. The spouses must then live apart from each other for 12 consecutive months without cohabitation, unless the conditions from the paragraph below are present. When this time period ends, the spouses will have grounds for a no fault absolute divorce. It is not necessary for both spouses to consent to the divorce if the legal separation requirement has been fulfilled. However, if the spouses live together or have sexual relations even once during this time, the 12-month time period begins again.

    File an Absolute Divorce Mutual Consent

    Maryland divorce laws were recently updated to make it easier for some couples to file for absolute divorce without having to wait through a 12-month legal separation. Spouses may be eligible for an absolute divorce based on the grounds of mutual consent if they do not share any minor children and the parties submit a written settlement agreement to the court signed by both parties. The settlement agreement must resolve all divorce issues such as property distribution. Additionally, both parties must appear in court at the divorce hearing. Before the divorce is finalized, either party may choose to file a motion to set aside the settlement agreement, in which case the divorce proceeding will be halted.

    Fault-Based Grounds

    In addition to the grounds for a no fault absolute divorce, spouses in Maryland may choose to file for divorce based on wrongdoing. For example, a spouse may present evidence to prove that the other spouse has committed adultery, in which case the court can grant the divorce immediately. Or, a spouse may demonstrate that the other spouse has deserted the family home, engaged in cruel treatment, was convicted of a crime, or was confined to a mental institution.

  • Filing Divorce Case Motions

    When you hire a family law attorney near Owings Mills, you can expect him or her to file motions on your behalf. A motion is a request of the court to issue an order. A divorce lawyer can make verbal motions while a court proceeding is underway. Outside of court proceedings, your family attorney can file written motions with the court and provide a copy of all motions to your spouse’s family lawyer.

    For more information about motions in divorce cases, watch this brief video or consult your divorce lawyer. The expert in this video encourages viewers to retain legal representation, since divorce laws vary from state to state and the procedural requirements can be complex.

  • Can a Parent Change a Child’s Last Name After a Divorce?

    After a divorce, either parent may petition for a change of the minor’s last name. Changing the child’s last name will not affect either parent’s legal obligations to the child, such as child custody or support. If you feel that changing your child’s last name is in his or her best interests, talk to an attorney in Owings Mills. The family law attorney can prepare and file a Petition for Name Change. If both parents consent to the name change, the petition is likely to be granted.

    Bear in mind that you are legally obligated to advise the other parent of the Petition for Name Change and the other parent has the right to file an objection. If the other parent does not consent to the name change, the court will schedule a hearing to decide the matter. At the hearing, your divorce lawyer must demonstrate that the name change is in the child’s best interests. For example, your attorney might provide evidence of misconduct or abandonment by the other parent.

    Changing Minor's Last Name in Owing Mills

  • Comparing Limited and Absolute Divorce in Maryland

    Compared to many other states, such as California, Maryland has relatively strict laws regarding divorce. Spouses may file for limited divorce or absolute divorce, but only based on certain grounds. When you meet with divorce lawyers in Owings Mills, you can learn more about filing for limited or absolute divorce.

    Differences Between Limited and Absolute Divorce

    Maryland family law defines limited divorce as a legal separation. If the court grants a limited divorce , you are not actually divorced. Legally, you are still married to your spouse and you may not remarry. Spouses may seek a limited divorce when there are certain issues that they need to resolve through the court. In contrast, an absolute divorce is a permanent dissolution of the marriage. A divorce decree settles issues such as property division. Once a divorce decree is issued by the court, the divorce is finalized and either party is free to remarry.

    Divorcing Couple Grounds for Limited and Absolute Divorce

    Maryland divorce laws establish four grounds for seeking a limited divorce. They are the unjustified abandonment of a spouse, cruelty of treatment, and/or vicious conduct toward a spouse or minor child. The fourth basis is established if the spouses have been living separately. It is not strictly necessary to obtain a limited divorce before filing for an absolute divorce. Spouses can file for absolute divorce if they have been living apart from each other continuously for one year, without having had sexual relations during that time. A spouse can file for absolute divorce before this one-year mark if he or she can prove adultery, desertion, cruel treatment, insanity, or incarceration of the other spouse. Sometimes, couples can file for an absolute divorce based on mutual consent. This applies if they do not have any minor children in common and they submit to the court a written, signed settlement agreement that resolves all issues.

    Issues Resolved Through Divorce

    A limited or an absolute divorce can resolve a number of issues. Limited divorce can address matters pertaining to child custody, child support, spousal support, and the use and possession of property. Similarly, an absolute divorce resolves issues such as child custody, child and spousal support, property division, and surname changes.