Adultery is a breach of trust, and many couples cannot recover from it. But before you tell your spouse that you want a divorce , schedule a consult with a family lawyer serving Owings Mills. He or she can walk you through the process and explain the effects of the infidelity on the divorce case.

Grounds for Divorce

Maryland divorce law is complex, and for most couples, it’s more time-consuming in this state to obtain a no-fault divorce. Many spouses must be legally separated for 12 consecutive months before getting legally divorced. If either spouse has sexual relations with another person, either before or during the legal separation, this is grounds for an absolute divorce. The court can grant an absolute divorce based on adultery much more quickly than the average no-fault divorce.

Effects on Alimony

Bring your relevant financial documents to your meeting with your attorney. He or she can review these to give you personalized guidance on the alimony the judge might order. Many spouses are surprised to learn that adultery doesn’t always affect spousal support. Even if your spouse was the one who was unfaithful, he or she could still receive alimony from you. The judge is more likely to consider the role of adultery while establishing the support order if the act of infidelity affected the marital assets. For instance, the adulterous spouse might have spent a substantial portion of the marital assets on expensive gifts for the other person.

Proof of Adultery

The judge will only grant an absolute divorce based on adultery if you can prove that your spouse was unfaithful. It is not necessary to prove that sexual intercourse took place. Also, depending on the electronic surveillance used, this might even be illegal. All that’s necessary is to prove that your spouse had an adulterous disposition and an opportunity. An adulterous disposition refers to displays of affection, such as hand-holding, hugging, or kissing. An adulterous opportunity could include any indication that the spouse could have committed adultery, such as evidence that the spouse stayed overnight at the other person’s residence.

Once a judge issues a ruling on the type of child custody arrangement, either parent must have a compelling reason to request a modification. A family lawyer serving Owings Mills may file a petition to request a modification if either parent has experienced a significant change in life circumstances. A substantial change doesn’t automatically compel a judge to order a modification, however. The change must be proven to be in the child’s best interests.

Household Relocation

One reason to have a family lawyer file this petition is if the custodial parent intends to undertake a long-distance move away from the noncustodial parent. Maryland law requires the relocating parent to file a written notice with the court and the non-relocating parent at least 90 days before the scheduled move. It’s possible for the non-relocating parent to agree to the move, in which case the parents can submit the written agreement to the court. If the non-relocating parent doesn’t agree to it, he or she has 20 days to file an objection after receiving the notice. Attorneys can represent the parties at the hearing, during which the court will consider which arrangement would be in the child’s best interests. In these cases, the court is primarily concerned with maintaining stability in the children’s lives and facilitating ongoing relationships with both parents.

Danger

If you think your child is in imminent danger, don’t wait for a court order—call the local police department right away. In less urgent situations, talk to a family lawyer about requesting a modification in custody. The court may consider a modification if you can prove that the child is at risk of harm in the other household due to domestic violence, substance abuse, parental neglect, or severe mental health disorders.

Parental Noncompliance

Sometimes, one of the parents repeatedly violates the terms of the custody agreement. Perhaps the mother refuses to let the father have his rightful visitation or repeatedly disparages the father where the children can hear. Or perhaps the father repeatedly brings the kids back late from visits. Parental noncompliance should be documented each time it happens. The first step is generally for the parents to try to improve their communication. If this doesn’t work, one of the parents could petition the court to enforce the order. Child custody modifications may be considered when these options fail, or when the violations of the custody order are significant.

The process of seeking injury compensation for incidents occurring in the Owings Mills area includes taking legal depositions. During a deposition, a party involved with the personal injury lawsuit will be asked questions. Although this person is sworn to tell the truth at this time, the deposition does not take place in a courtroom. No judge or jury is present.

Your personal injury lawyer can help you learn more of what to expect during the deposition, and you can also watch this helpful animation. It uses the fictitious story of Patty the plaintiff and Debbie the defendant to explain how depositions work. You’ll hear about the types of questions the attorneys might ask. You’ll also learn that if Patty contradicts her deposition testimony while on the witness stand at the trial, she could be accused of perjury.

If you’ve been charged with drunk driving, you will need to have an attorney in Owings Mills explain the legal nuances of your case. Like other states, Maryland has established a rule of implied consent. This means that, if you are driving on the state’s roadways, you are presumed to have already consented to submit to a blood, breath, or urine test. The implied consent law applies to you if you’re pulled over by a police officer on suspicion of impaired driving and the officer asks you to submit to blood alcohol content (BAC) testing.

Since every driver has already given his or her consent to submit to testing, drivers who refuse to do so face legal penalties. If you’ve refused to take the test, your lawyer will inform you that you face a 120-day suspension of your driver’s license. If you refuse the test on a second occasion, the suspension will last for one year. Some people reason that it’s worth it to risk license suspension if it means they won’t be convicted of DUI. But in fact, refusal to submit to a test almost certainly won’t help your case, and it will only add to the penalties you could face.

The end of a relationship can be difficult, regardless of whether the couple was married or not. This is especially true when the couple shares a child. Even though the couple won’t need to file for divorce, they’ll still need to consult a child custody lawyer in the Owings Mills area regarding custody, visitation, and support agreements. It is possible, though not always practical, for unmarried ex-partners to make parenting agreements without going to court.

Identify the custody and visitation issues that must be resolved.

There are many more issues that must be agreed upon other than the type of child custody you’ll have. Consider these questions regarding common child custody issues:

• Which parent will the child primarily live with?
• When will the other parent spend time with the child?
• Will there be overnight visitation?
• Who is responsible for picking up/dropping off the child?
• Will either parent be able to call the child at any time?
• With whom will the child spend holidays and school vacations?
• Will either parent be able to move out of the area?
• How will household rules remain consistent across houses?
• Who will make major decisions for the child’s upbringing?

A solid parenting agreement is one that is specific and easily understood. It’s best to make major decisions ahead of time, but both parents should know that a little flexibility is also important. For instance, a parenting agreement might not specify that visitation time might be canceled if the child has a stomach flu, but if the parents are reasonably flexible, they can adjust their plans to suit the child’s needs.

Agree about the child’s support.

A family lawyer can help you calculate a reasonable child support payment based on state guidelines. This may help prevent disputes about paying too much or not enough. In the support agreement, be sure to specify the amount, frequency of payment, and form of payment (check, cash, etc.).

Establish an avenue for change.

It’s normal for parenting and support agreements to change over time, whether or not a court established them. As the child grows older, his or her needs and preferences will change. It’s a good idea to have a written agreement with your ex to meet at least annually to discuss whether there are any new issues that must be resolved. Some problems may arise before your planned annual meeting. Consider setting guidelines for how you and your ex will manage disputes. A proactive mindset may help you avoid court in the future.

Even if you and your ex have a rock solid child custody agreement, it’s virtually inevitable that some moments of tension will occur. With a joint type of child custody , parents will likely have to meet each other briefly to exchange the child. You and your ex might not look forward to seeing each other again, but it’s crucial to keep the exchange as neutral and conflict-free as possible. Remember that kids easily pick up on tension, and they are apt to be psychologically harmed by it. If you’re still going through the divorce, consider talking to a family lawyer in Owings Mills about specifying the details of the exchange in the parenting agreement.

Understanding the Child’s Best Interests

For a child exchange to be conflict-free, it’s essential that both parents be on the same page about the best interests of the child. When the exchange is contentious and stressful, the child becomes anxious about each exchange, less able to enjoy spending time with either parent, and more likely to suffer from damage to self-esteem. Remember that children of divorce tend to feel significant guilt. When they see their parents fighting, they often blame themselves. Your child needs emotional stability, and only you and the other parent can provide it.

Communicating with Alternative Methods

You may need to have your family lawyer include provisions in the parenting agreement that spell out acceptable methods of communication between parents . Phone calls can be tricky when the relationship is contentious. Written communication, such as emails and texts, may be best, although phone calls will still be needed for last-minute changes in plans. By agreeing to communicate about important matters before or after the exchange—not during it—both parents can reduce the risk that a conflict will affect the child.

Adjusting the Child Exchange Method

Sometimes, despite the best intentions of the parents, child exchanges become less than harmonious. It may be best to adjust the method of the exchange before the child becomes significantly affected. Email the other parent and tell him or her that you’re concerned about the emotional well-being of your child, and would like to explore the possibility of adjusting the exchange. It may be possible to have another responsible adult with a valid driver’s license provide transportation for the child, such as the child’s grandparent or stepparent. If this isn’t possible, then consider doing the exchange in a public parking lot. Both parents could stay in their own cars and supervise the child as he or she walks from one car to the other.

The killing of one human being by another may be prosecuted under a few different charges. Homicide, for example, is an intentional killing. Manslaughter is different, but the potential legal penalties are still quite severe. If you or a loved one has been charged with manslaughter, it’s important to contact an attorney in Owings Mills right away. You can also watch this featured video for a quick introduction to this charge.

This legal professional explains that a person can be charged with negligent manslaughter if he or she acted in a negligent manner that resulted in another person’s death. This charge does not require that the defendant intended to kill the other person. For example, a drunk driver might not intend to kill a pedestrian, but the death could occur if the drunk driver strikes that person.

Under divorce law in Maryland, spousal desertion is one of the grounds for a fault-based divorce . If you think you may have been legally deserted or you’re considering leaving the marital home, it is highly advisable to speak with a divorce lawyer in Owings Mills. Your family lawyer can determine whether your situation meets one of the two legal definitions of spousal desertion in Maryland. The state recognizes two types of desertion: actual desertion and constructive desertion.

Actual desertion occurs when one spouse leaves the marital home or when one spouse ejects the other spouse from the marital home. This means that it’s possible for you to commit spousal desertion even if you did not actually leave the home. Constructive desertion occurs when the mistreatment of one spouse by the other compels the mistreated spouse to leave the marital home. In this case, the spouse who mistreated the other would be considered the deserter. When spousal desertion is used as grounds for divorce, the court can take it into consideration when issuing rulings on property division and spousal support.

One of the most contentious aspects of divorce law is child custody. It’s common for parents to have trouble working together, long after a judge hands down a ruling on the type of child custody they will have. Since future conflicts are almost inevitable, it’s best to take a proactive approach. Parents can be proactive about handling child custody problems by becoming knowledgeable about child custody laws in Owings Mills, and by keeping the phone number for their family lawyers close at hand.

Visitation Denial

Denied visitation is one of the most common—and most serious—child custody issues. Custodial parents sometimes deny visitation if the other parent is late with child support or alimony. Perhaps less commonly, parents with visitation rights may decide to purposely withhold child support or alimony in an attempt to barter more visitation time with the child. Neither situation is legally allowed, nor is it healthy for the child. It’s important to remember that, legally speaking, child support and alimony are completely separate issues from custody and visitation. If the other parent has refused to transfer the child for your court-ordered visitation, you should document the problem, call your family law lawyer, and perhaps file a petition with the court requesting that your visitation rights be enforced.

Child Transfer Tardiness

For busy parents, running a few minutes late now and then is to be expected. But when a parent consistently runs late when he or she is supposed to pick up a child for visitation, this may have harmful psychological effects on the child. Sometimes, the best course of action for this problem is to simply chat with the other parent about the schedule. Avoid being argumentative or confrontational, but do point out the effect the tardiness has on the child. Perhaps the two of you could make a few simple scheduling changes to avoid this problem in the future.

Legal Custody Disagreement

Joint legal custody means that both parents have a say in the major decisions for a child’s upbringing, such as the child’s education, healthcare, and religion. It isn’t always easy for parents to come to a consensus on these issues, but it’s important to maintain civility in your conversations. Perhaps there’s an underlying reason why the other parent constantly challenges your suggestions. The other parent may feel that he or she doesn’t get enough time with the child, for instance. In this situation, professional mediation can help.

Divorce typically has substantial effects on personal finances. Not only will the spouses have to adjust to living on a single income, but they won’t have access to the same financial assets as before. The division of property is subject to Maryland divorce laws and factors that are unique to each individual case. For accurate legal guidance, it’s advisable to consult a divorce attorney serving Owings Mills .

What is marital property?

It’s a common misconception that marital property refers solely to property that is jointly owned by both spouses. In fact, marital property includes almost any property that was acquired during the marriage. This applies regardless of which spouse purchased the property or earned the wages. Marital property includes vehicles, furniture, artwork, real estate, stocks and bonds, bank accounts, and retirement accounts. There are a few exceptions to this rule. If one spouse receives an inheritance or property as a gift, it’s considered non-marital property. Property is also excluded if there is a valid, legal agreement that excludes it.

Is marital property divided 50/50?

Another common myth about property division in a divorce is that each spouse receives half of the marital assets. Maryland is an equitable distribution state, rather than a community property state. In an equitable distribution state, the court issues rulings on property division based on what would be fair for both parties. A fair result isn’t necessarily an equal distribution.

Can property be both marital and non-marital?

In certain cases, it’s possible for property to be marital and non-marital. One person might purchase a condo before the marriage, which would make the condo non-marital property. However, if marital assets are then used to pay the mortgage, the condo becomes partially marital and non-marital property.

Does the length of the marriage factor into property division?

The length of the marriage does not necessarily have a significant impact on property division, unless the marriage was short-lived. Short-term marriages do not generally give the spouses enough time to accrue significant marital property. In these situations, the goal of the court is generally to restore both individuals to their pre-marital financial situations. The spouses can expect to keep the property they each brought to the marriage, and fairly divide any assets acquired during the marriage.