Maryland Family Law

Legislative wrap-up

The Maryland General Assembly has wrapped up its regular session for the year.  In my opinion there aren't any huge changes in the law this year.  For several years in a row no bill on presumptive joint legal custody was passed, nor was a bill which enumerated the factors for child custody determinations.  A bill which required notice of intent to move also did not pass.  One bill which did pass allows the court to allocate the costs of a court-appointed attorney for the child.  For parents paying the costs, this can be a large amount of money on top of what each parent is already paying for his/her attorney.  An attorney for the child can be very helpful for the court to get a neutral view of what is best for the children and/or what the children want, and is a necessity  when the testimony or opinion of a psychotherapist may be needed since neither of the warring parents can waive the privilege.   

Making your divorce public

Today, CNN.com reported on a wife in a bitter divorce battle who put up a YouTube video about her husband.  Needless to say, the video does not exactly show the husband in a positive light, and in my opinion doesn't show the wife's best side either.   Clearly, this is in poor taste, but such actions could also jeopardize her divorce case as well.   Fault can be a factor in determining alimony and division of marital property, so any action that could make you look vindictive or mean-spirited to a judge could hurt your case.  Also, it is often best to avoid discussing the divorce or litigation with anyone other than your attorney.  Your statements may end up being used against you at court, and during an emotional divorce you may not have the objectiveness or the foresight to know what you should and should not say.  When in doubt, always consult with your attorney...what you say can definitely hurt you.  P.S. Remember when you are testifying or giving a deposition your non-verbal clues may also be "testifying."  Beware of hostile body language, eye rolling, and fidgeting. 

Domestic violence....protecting your family

This weekend, the Washington Post included this editorial commenting on the Castillo matter, a recent case in which the father confessed to killing his children during a visit.  The editorial describes some of the factors involved in a custody dispute where violence has also been alleged.  These cases are so difficult for judges, their decisions can have life or death consequences.  To receive a protective order, the person seeking relief must be able to prove "clear and convincing evidence," which can be difficult and is interpreted somewhat differently by different judges.  If you or your children have been the victim of domestic violence, please check out the links for help and resources for your situation.  Your safety is important, and you may need help in fighting for your rights.

Depositions....can you be on your best behavior?

In many family law cases, (and other legal matters as well) a deposition can make or break your case.  Opposing counsel will use the deposition as an opportunity to see how well a witness will present on the stand, and to gain information to use against you as well.  The number one rule is to be honest, it does you no good to get caught in a lie.  I also tell my clients to remain calm and be polite.  It is good practice, because a judge will not put up with rude comments directed towards anyone in the courtroom, and getting upset only makes it more difficult for the judge to understand your side.  When you are being deposed by opposing counsel, it is often best to give short answers, only answering the specific question that was asked.  Don't volunteer information to the other side, your attorney will make sure that the evidence favorable to you gets in the record.  Keep in mind that the opposing counsel may be trying to provoke you into an emotional state to see where your weaknesses are.   Finally, I leave you with an example of a DON'T....don't use profane language or make personal attacks on the other attorney or you may find you subject to fines as in this case reported on the Wall Street Journal Law blog.

Finding the right lawyer for you

Today, an article on law.com addressed lawyer ratings systems and their usefullness to consumers.  Martindale-Hubbell and (its sister site lawyers.com) has long been the primary ratings system, but only list attorneys who have paid to be included, which many solos and small firms can't afford.  There is also a relatively newer system called Avvo, which uses client ratings.  In the ten states which Avvo covers (which does NOT include Maryland), attorneys can be listed whether they have "signed up" or not, however attorneys can add advertising material for a fee.  Are these companies providing helpful information for consumers?  My answer would be "Not much."  I have seen lawyers rated highly in the Martindale-Hubbell system who I would definitely not refer clients to, and there are many fine attorneys who are not listed simply because the fees are too high.  The most important considering in choosing a lawyer is whether you feel comfortable with the person's abilities and personality.  If you need an attorney, for first steps consider calling the bar association referral line in your jurisdiction, asking a friend for a referral, or asking an attorney you know...attorneys often know other attorneys in different jurisdictions and different practice areas.  For example, your cousin's  divorce attorney in California just may know the right bankruptcy attorney for you in New York!

Free divorce for Valentine's Day

Yesterday, a radio station in nearby West Virginia held a promotion giving away a free divorce (up to ten hours of the attorney's time).  I also noticed that the station will be announcing the winner...probably would not be the best way for your spouse to find out you're leaving. 

Protect your confidentiality

This week, the Wall Street Journal law blog included a post on using your work email for confidential information.  Remember, generally you can rely on your attorney keeping your personal details confidential and privileged.  If you don't take care to guard your privacy, however, you can lose that benefit.  Everyone should keep in mind, your work email is NEVER private, and for that matter, anything you send in an email could find it's way in tomorrow's newspaper.  This also comes up in meetings between attorneys and their clients.  You may want to bring your mother, cousin, or best friend with you for moral support, but you risk losing the benefit of the attorney-client privilege if you bring someone else along.  Food for thought...

Getting a restraining order

Today, Slate.com featured a basic introduction to restraining orders.  The piece described the law regarding these orders in several states, including Maryland.  The story accurately describes the legal standard the applicant has to meet: "clear and convincing" evidence must be presented.  This is a higher standard (ie, harder to meet) than the usual "preponderance of the evidence" standard used in most civil cases.  Did you know you can get a temporary protective order at any time of the day or night?   For more information, check out some of the links on this blog.

Married at the Tax Court

A bill is currently pending in the Maryland House of Delegates which would empower judges on the U.S. Tax Court to perform weddings.  See the article on the Daily Record blog.  To me, this begs the question:  who would want to be married at the Tax Court?  When I'm at the courthouse, I often see couples (sometimes with full bridal parties and a throng of relatives) waiting for the ceremony.  Is there a shortage of judges and clerks who can perform marriages? 

Divorce as a new year's resolution?

Last week, the Wall Street journal blog offered a post on January as the busiest time for divorce lawyers.  I think part of the January rush is simply people putting off getting legal representation until the holidays are over.  I usually have several clients who meet with me in December or early November, and want to "hold off" until the holidays are over.  Here in Rockville, many lawyers take the week between Christmas and New Year's off, setting the stage for a backlog in January.  The courts see a similar phenomenon...both this week and last the lobby has been full of people waiting for a judge for their case.