Archive for the ‘Divorce’ Category

 
 

Should You Use Free Online Forms To File For Divorce By Yourself?

Monday, May 14th, 2012

As anyone who has been through a divorce will tell you, the process is not a fun experience. It can certainly be a painful, often frustrating, situation, which you want to get through as quickly as possible. And depending on the nature of your divorce proceedings, it can potentially be an expensive process. Although uncontested divorces are usually done quickly and with minimal expense, traditional contested divorces can incur significant legal expenses along the way.

When filing for divorce, you might be tempted by the multitude of online resources offering free divorce documents. You might be thinking that this sounds like the quick and easy route, and that lawyers and attorneys only make the situation more complicated. By following this mentality, you will most likely find yourself in quite a legal mess.

Common Mistakes with DIY Free Forms

Courts face couples every day that have mistakenly decided to file for divorce on their own. These couples are often turned away without a divorce because the documents do not meet the assorted, and often times nebulous, state requirements. Unfortunately, just having two spouses who agree that they wish to obtain a divorce is not sufficient to finalize a divorce, and the court is not legally allowed to offer the couple any legal guidance when requirements are not met. So, often times the parties involved have wasted time and energy, as well as emotional energy in a futile attempt to obtain a divorce, and are left with no knowledge of how to proceed.

In other words, just because the forms are available online, and it is possible to file for divorce without the assistance of a lawyer, that doesn’t mean you should. There is information online that explains to people how dentists pull teeth, but that doesn’t mean that when you have an infected tooth that you will pull it at home, without the professional help of a dentist!

Lawyers Do What Forms Cannot

When you attempt to complete a task, and you are unfamiliar with the details, you do not know how to react when something goes wrong. This is when acting on your own becomes dangerous and is especially true with something as complicated as divorce.

Professional lawyers spend many years studying the law, including all of the terminology, the language, the processes, and the documents. A lawyer knows the best course of action to follow in order to expedite the process and protect your best interests along the way. If for any reason you do run into trouble in court, you then have a lawyer on your side that will know how to swiftly fix the problem.

Filing your divorce papers yourself is a great way to drag out the divorce process indefinitely and to be reminded that just because something is free doesn’t make it a good fit for you. By hiring a lawyer, or at least consulting with one first, you will be able to ensure that your filing will be completed correctly the very first time and you can move on with your life.


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Dividing Property and Debt In a Divorce

Monday, May 7th, 2012

Most divorcing couples settle the details of their divorce out of court or in proceedings known as uncontested or “no fault” divorces. But no matter how amicable or contemptuous your spouse appears to be when the process begins, during divorce proceedings it is always a good idea to do your research and take your time when dividing property and debt. By having the right information, and knowing exactly what you want from the settlement, you can manage a less distressing divorce proceeding.

The first step to obtaining a less distressing divorce proceeding is to educate yourself about the process of getting a divorce. Each state has its own laws concerning dividing marital property, and you should be certain you understand exactly what property is marital property before deciding who should get what and what you are entitled to.

Dividing Assets

Generally speaking, the majority of states, including Maryland, consider any and all property acquired during the marriage to be marital property, regardless of whose name it is titled or registered under. The only exceptions to this rule are assets that were accrued before the marriage, inherited assets, or gifts.

The family home is frequently an asset that causes the most trouble during a divorce settlement, as it is often the most valuable. In many cases, neither spouse can reasonably afford to keep up the mortgage payments or other costs of the home with just one salary. In this situation, the court will generally require that the home be sold and the remaining money is divided between the two parties.

In other cases, and with the goal of keeping a more stable environment for children, the family home is kept within joint ownership of the couple, and each spouse continues to cover a certain portion of the expenses of the home for an extended period of time. When the house is eventually sold, the profits are then divided amongst the couple.

Assigning Debt Liability

During a divorce settlement, it is not only property and assets that are divided; the debts incurred by you and your spouse must also be divided. Remember, even if a credit card is in your spouse’s name, any debt accrued during the marriage belongs to each of you equally.

A divorce settlement can be drawn up stating that one spouse is responsible for paying off one debt, while the other spouse is responsible for another. Even though the debt has been assigned to your ex-spouse, if he or she stops making payments, your credit score may potentially still be affected. To ensure that the debts are taken care of, it is wise to have a duplicate statement sent to your address, or request immediate notification if any payments are missed or late. Proper debt management and maintenance is a major motivator to ensuring that divorce proceedings to not become overly contentious.

Remember, when dividing the property and the debt, you need to protect your future, and the future of your children. Even though you and your spouse are no longer a married couple, you will need to be able to communicate these issues and form a reasonable plan that will be fair and beneficial to each party. This is when research takes a back seat to the guidance of an experienced and qualified divorce attorney , who can relieve much of the stress of attempting to understand the laws as applied in Maryland, while simultaneously attempting to reach an agreement with your estranged spouse.


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Tax Issues For Divorcing Couples

Monday, March 26th, 2012

Tax consequences follow every decision made in a family, a fact which often comes to the forefront during divorce proceedings . Whether there is a divorce, annulment, separate maintenance agreement, or dissolution, taxes need to be considered in making informed choices.

Married couples in Maryland typically file joint tax returns. The husband and wife are responsible jointly and individually for payment of correct taxes on their taxable income. One spouse may contribute little or no income but will still be liable if the other spouse understates or makes an underpayment of the amount of income tax due.

Innocent Spouse Option

A spouse in Maryland can now elect to seek innocent spouse status if he or she meets all of the following five criteria:

  • A joint return was made,
  • There was an understatement of tax attributable to erroneous items of the individual’s spouse,
  • In signing the return the individual did not know, and had no reason to know, that there was an understatement of tax,
  • Taking into account all of the facts and circumstances it is inequitable to hold the individual liable for the deficiency in tax,
  • The individual files an innocent spouse election with the IRS and elects to apply for relief no later than two years after the date of the Service’s first collection activity after July 22, 1998, with respect to the individual.

Separation of Liability Option

The tax code now has separate elective rules for taxpayers in Maryland who are no longer married, legally separated, or not living together. If a spouse qualifies for such an election, the divorced or separated spouse’s liability for any assessed deficiency cannot exceed the portion of such deficiency considered allocable to the individual spouse.

Relief from the other spouse’s liability is barred to the extent the electing tax payer had actual knowledge of the understated tax. A divorced or separated individual seeking separation of liability status with regard to a previously filed joint return must meet the following criteria:

  • A joint return was made,
  • At the time relief is elected the individual is no longer married to, is legally separated from, or has been living apart at all times for at least 12 months from his or her spouse or former spouse; or the spouse died.
  • The individual elects to apply for relief no later than two years after the date of the Service’s first collection activity after July 22, 1998, with respect to the individual,
  • The liability remains unpaid at the time relief is elected.

Neither the innocent spouse nor the separation of liability option authorizes relief from tax liabilities that were properly reported on the return but not paid. However, such relief is now available in Maryland as an “equitable relief” option.

To learn more about Maryland’s divorce laws and how they may affect your tax situation, please contact one of our family law attorneys today as these situations can become quite complicated and solutions should be customized for each individual.


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Military Divorce Rates Are On The Rise

Monday, March 19th, 2012

People often forget that soldiers actually do have lives when they are not on the battlefield.  And as unfortunate as it sounds, many soldiers who return from active duty find themselves facing difficult situations at home, including the prospect of military divorce , which is more common than you might think.

Military divorce rates reached a record 12-year high in 2011, with one in every 27 married troops getting divorced this past year, according to a new report from the U.S. Defense Department.

The military divorce rate of 3.7 percent now stands slightly higher than national divorce rate of 3.5 percent and officials expect to see this number continue to rise as troops return home from service in Iraq and Afghanistan.

Interestingly, gender also played a significant role in rising military divorce rates, with women in the military demonstrating the most divorces overall. Close to one in 10 marriages of female service members, or roughly 10 percent, ended in divorce this past year.

Military Divorce Rates in America & Maryland

The overall divorce rate for military personnel during fiscal year 2008 was 3.4 percent, compared to 3.3 percent in 2007 and 2006. Further information includes:

  • Army. Enlisted divorce rate was 3.9 percent. Officer divorce rate was 2.3 percent. Overall divorce rate was 3.5 percent.
  • Air Force. Enlisted divorce rate was 4.1 percent. Officer divorce rate was 1.6 percent. Overall divorce rate was 3.5 percent.
  • Navy. Enlisted divorce rate was 3 percent. Officer divorce rate was 1.5 percent. Overall divorce rate was 3 percent.
  • Marine Corps. Enlisted divorce rate was 4.1 percent. Officer divorce rate was 1.6 percent. Overall divorce rate was 3.5 percent.

It should be noted that these figures reflect the United States in general. Maryland divorce rates have been consistently lower in previous years and these lower rates should be taken into consideration and in ratio to the above figures.

The Future Of The Military Family

Officials predict that military divorce rates will likely remain high as troops continue to return from the Middle East and reunite with families and spouses from whom they have been apart.

“As the wars in Iraq and Afghanistan draw down, we’re going to put more families together who haven’t been used to being together,” a spokesman for the Army Office of the Chief of Chaplains said.

An Army program called “Strong Bonds,” initiated by commanders and led by chaplains, helps soldiers and their families build stronger relationships to withstand the prolonged separation and stress of reuniting after combat. Strong Bonds has four parts: a general couples program, programs tailored for couples preparing for or returning from deployments, and programs for families and single soldiers in Maryland who wish to strengthen their martial bond, and family unit.

While praising the benefits these programs offer families, officials said they recognize that strong marital and family relationships make better soldiers. It also has an important impact on a soldier’s decision to re-enlist. The Chief of Chaplains said, “The Army recruits soldiers, but it retains families.”

 


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Divorce Settlement Checklist

Monday, March 12th, 2012

Divorcing can be one of the most difficult times in a person’s life. The divorce procedure has been well documented as one of the highest known factors for incurring stress. This is because divorce combines a multitude of well known, high-stress situations, such as breaking up with a partner, re-location, major changes to the family structure, and new financial burdens.

We understand how difficult the divorce procedure can be and have devised a thorough checklist to ensure the last thing you have to worry about is whether you have forgotten something important.

If you are currently going through a divorce, feel free to grab a pen and paper and go through each item on this checklist to assess where you currently are in the process. Include any comments, ideas, and questions you might have.  If you feel that you have a lot you are unsure of or worried about, ask one our divorce attorneys about it.  You may be surprised at how much you have to learn, and how much easier the process can be if you have an ally and advocate on your side.

This list is by no means “all inclusive”, but it will give you a great start to understanding the requirements of your future divorce.  The good news is that no matter if you choose to pursue a traditional contested divorce, or a no-fault uncontested divorce, this checklist can help you get started with the process.

Custody and Access of Children

  • Legal Custody. Will there be joint or sole legal custody?
  • Routine Access Schedule: Where will the children be on a given day?
  • Vacation Access Schedule: How many weeks of uninterrupted vacation time with the children?
  • Holiday Access Schedule: Who will the children celebrate with in a given year?  What are they currently used to?
  • School Breaks: Where will the children spend their vacation time?
  • Telephone Contact: What will the rules concerning communication with the children by phone?
  • Transportation: Who will transport the children for parenting time exchanges?
  • Best Interest of the Child: With all of these factors, which is the best for the children, not necessarily you or your spouse?

Child Support, Income Tax and Other Child Expenses

  • Basic Child Support: How much does it cost to support the children?  What do the Maryland Child Support Guidelines say the child support should be?
  • Medical/Dental Child Support: Who will insure the children?
  • Child Care Support: How much will each parent pay for daycare?
  • Security for Support: Should one or both parents secure life insurance for the benefit of the children?
  • Income Tax Exemptions: Who claims the children on their income taxes?
  • Spousal Maintenance/Alimony: How much and for how long will one spouse need support before he or she can become self supporting?

Property, Pre-Separation Debts and More

  • Medical Insurance: Will each party cover his or her own insurance?
  • Marital Property: What is a fair and equitable way to value and divide marital property?
  • Non-Marital Property: What is considered non-marital property?  Does the holder of a non-marital interest retain that interest without inquiry?
  • Pre and Post Separation Debts: How is the marital debt divided?
  • Fees and Costs: Will one party pay attorneys’ fees and court costs, or will each be responsible for his or her own fees and costs?
  • Name Change: Does either spouse wish to change their name?
  • Ongoing Conflicts: Will the parties agree to mediate?
  • Documents: Do each agree to execute all paperwork necessary to transfer property interests?
  • Non-Disclosure: Does the court retain the ability to re-open the case?

 


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Divorce Rates in America

Monday, March 5th, 2012

Divorce (or the dissolution of marriage) is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties (unlike annulment which declares the marriage null and void). Divorce laws vary considerably around the world but in most places, including Maryland, divorce procedures require the sanction of a court or other authority in a legal process.

Divorce Rates in America

For the past decade, the overall American divorce rate has remained stable, at around 50% for first marriages. The statistics become more depressing for each successive marriage, with 65% of second marriages ending in divorce and even higher rates for third marriages and beyond.  Divorce rate statistics also show that 3.6 to 5% of marriages are ending every year, cumulating in a large portion of adults who have personally experienced divorce at some point in their lives, and many are experiencing it each year.

More statistics about divorce:

  • The divorce rate in 2010 was 3.6 per 1,000 of the total population, down from 4.0 in 2000.
  • The marriage rate in 2010 was 6.8 per 1,000 of the total population, which was also down from 8.2 in 2000.
  • The state with the highest reported divorce rate was Nevada, at 5.9 (per 1,000).  But this was significantly lower than ten years ago, when the state’s rate was 9.9 (per 1,000).
  • The state with the lowest reported divorce rate was Iowa, at 2.4 (per 1,000).  This was lower than 2000, when their divorce rate was 3.3 (per 1,000)
  • 43.7% of custodial mothers and 56.2% of custodial fathers were either separated or divorced. And in 2002, 7.8 million Americans paid about $40 billion in child and/or spousal support.

Divorce Rates in Maryland – Surprisingly Low!

Maryland and Washington, D.C., as it turns out, are two places in the nation where divorce is relatively low!  According to the statistics, the average divorce rate in the United States is 3.6 divorces per year for every thousand people. In Maryland and Washington, D.C., the rate is both only 2.8.  In Maryland, the rate has been steadily falling since 2000, where the rate was 3.3.  Washington, D.C.’s rate however has fluctuated, seeing rates as low as 1.7 in 2007 and 1.8 in 2004.

Today’s Divorce Process

Divorcing, of course, is rarely a pleasant prospect for the parties involved. Thanks to modernizing legislation in the past few decades, however, couples in Maryland that do choose to divorce have more options than ever before, allowing those who wish to do it amicably to be able to move through the process quickly as possible.  On the other hand, there are also laws to ensure that neither party is taken advantage of in the event that the divorce becomes highly contested.  With a solid understanding of the law, navigating the court system during a divorce does not have to be any more stressful than the actual divorce already is.

The traditional contested, court-based divorce process can be time-consuming and often very costly for both husband and wife.  However, couples can choose to go the route of uncontested divorce or no fault divorce . This provides a cooperative process in which the spouses, with the help of a mediation attorney, work together to settle issues such as who will get the house, how will child custody be arranged, and what kind of alimony or child support will be included in the divorce settlement.

 

 

 


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10 Steps to Take If You Are Considering a Divorce

Thursday, February 2nd, 2012

Implementing positive steps before you finally decide to take the big leap into divorce proceedings can help save you and your spouse time, effort, and a lot of stress in the long run. Additionally, knowing what steps to take and how to handle the matter in a responsible and considerate fashion will help prepare you both mentally and physically for the upcoming months.

Here are 10 proactive steps you can take to make the process less stressful:

1.Mutuality in the decision to divorce. Perhaps the most common source of conflict in a divorce is when both spouses haveNOT agreed to the divorce. Ideally, the decision is arrived at together or at least accepted by both of you. Unless you are intend to plan a surprise attack or sudden departure (which is a good way to start a war, not a divorce), take time to work on mutual acceptance of the divorce before making any drastic changes.

 2.Have sensitive mail sent somewhere private. Seeing your spouse’s attempts to sign up for a new credit card or rent an apartment, or correspondences from his or her attorney would stir up emotion in anyone.  Save both of you the extra pain and stress by having your mail sent to your office, a friend’s address, or get a mailbox at a local mail service center that allows 24 hour access.

3.Knowledge is power. Much of the divorce process is dividing up property and deciding who gets what.  Know ahead of time where you and your spouse have bank accounts, life insurance policies, mutual funds, certificates of deposit, any other instruments of finance, and important documents such as social security cards,passports, birth and stock certificates, the details of pensions, 401 (k) accounts, and other employee benefits. Know the location of and have access to safe deposit boxes.  The quicker you can each provide the necessary documentation, the quicker the process will go.

 4.Records. Along with knowing where the above documents are, having your own copies of everything will prevent having to request such documents directly from your spouse in order to proceed in your case and allow your attorney to inspect them. While you have the chance, make photocopies of every family financial record you can find.  If you used one, visit the family accountant and get copies of tax returns and records for the past several years.

 5.Open a bank account in your name. As much as you may try to keep a divorce amicable, inevitably there will be disagreements about what to do with your financial assets.  Both parties may feel entitled to joint bank accounts, and it only takes one party to clear out an account, leaving the other party without enough funds to pay the bills.  Prevent this possibility by opening an account in your name, and do not deposit any more of your own money into a joint account, even if you transfer that into your own name.

 6.Start building new credit. If you have been married for a long time, your credit score is likely based nearly entirely on all jointly held accounts. It is a good idea to start establishing credit in your own name, so apply for a credit card in your name only and start using it.  You may need to take on some extra expenses, such as buying new furniture or getting a new cellphone, so a credit card will also help you take on these extra costs.  Don’t be surprised if a spouse petitions for joint accounts to be frozen, pending equitable distribution in a divorce, so having your own credit card ready to go will prevent compounding stress brought on by this move.  It is a good idea to cancel all jointly held credit cards as soon as separation takes place to prevent disagreements about who is responsible for the credit card debt accumulated after the separation, but make sure that you alert your spouse if you intend to make changes to the credit card to prevent unnecessary fighting.

 7.Pay as many bills as possible. Prior to separation, pay as many bills as possible.  If you and your spouse end up disagreeing over who should pay what bill, you both could end up with bad credit or one of you could end up living in a dark house. Pay bills ahead of time so that you don’t have to worry about it later.

 8.Social Security. Request a personal earnings and benefits statement (PEBES FORM SSA-7004) for yourself and one for your spouse from the Social Security Administration.  One day you might be able to collect on your spouse’s record, but after divorce you may not be able to access the information. Protect yourself and get the information which you can.

 9.Safeguard heirlooms and liquid assets. Seek appraisals for artwork, antiques, and other collectibles. Be certain that your name is recorded on the house deed or apartment lease prior to separation and the filing of divorce. Make sure you revoke any powers of attorney your spouse may have and ask brokerage firms to check for identification before your name is signed to anything

 10.Look after your health-care needs. If your health insurance is based on a family plan, make sure you visit your doctor for a routine checkup, annual OB/GYN exam, vision testing, or dental cleaning and x-rays. Most insurance policies will remain intact for a few months during divorce proceedings, but then you may have to obtain your own insurance plan after the divorce is finalized.  This may mean having to find new doctors, higher co-pays, and higher premiums, so take advantage of your coverage while you have it.

However you decide to proceed, we hope you do so in a way which will allow the process of getting a divorce to run as smoothly as possible.  If you are in doubt about taking on these steps on your own or require further information regarding family law in Maryland including divorce, please contact one of our local, professional attorneys who will be more than happy to offer further advice or information.  We have experience in both uncontested and contested divorces, and take pride in being both your ally and advocate throughout your divorce proceedings.

 

 


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