Maryland Family Law

How Long Does a Divorce Take?

The answer depends on the jurisdiction, and whether you and your spouse are in agreement.  An uncontested divorce can be completed in as little as thirty days, and a fully litigated case can take more than a year.  Similarly, mediation may take several sessions, over months or years depending on the complexity of the case and how much you and your spouse's positions vary.  

What if you need to change a court date?

Once your case is in litigation, it is to some extent out of your hands. When dates are scheduled, you may or may not be able to change them depending on the reason and how far ahead of time you make the request. Court rules will also give the opposing party time to file a response to your request.  If that means a ruling on your motion would be too late, you may need to ALSO file a motion to shorten time with the court. The more urgent your reason for changing the date, the more likely it will be granted. If you are asking for a continuance due to needing to hire an attorney or lack of preparation, there is a significant chance your request will be denied. You may also be able to have your appearance waived in some circumstances. Or if you are Kim Kardashian, you can just skip court if you have a new perfume debut. 

Tracking your spouse

In adultery cases, it is fairly common for a spouse to attempt to gather information, either directly or through use of a private detective.  I do not recommend a spouse attempted to track the other spouse themselves.  It is far too easy to run afoul of the law in checking a spouse's emails, tracking a vehicle, taking video, etc.  Sure, it is much cheaper than hiring a professional, but you are taking a huge risk.  (The same could be said of people who represent themselves in the divorce). 

If that doesn't make you wary, check out this article on slate regarding the grey issue of GPS tracking. 

Parenting classes

In contested custody cases, the court will order that both parents attend a workshop on parenting while separated.  In other counties/states, the name of the class and the specific requirements may vary, but the general focus is to help parents make decisions for their children in such a way as to limit the negative effects on the children.  Needless to say, some parents "get" this more than others.  The classes often share with parents resources to help them in their parenting journey. 

While these classes tend to be court-ordered and limited to litigation issues, there are many other resources for parents available as well.  One such option here is the Parent Encouragement Program.  Many of my client have used these programs to give them tools to improve.  Taking such a class does not mean you aren't a good parent...rather, it means you are striving to be the best you can be!  For more information on the Parent Encouragement Program, click here.  You just may see me at the workshop on taking responsiblity for school stuff very soon!

Oct 1, 2012

The U.S. Supreme Court is back on session now for the new term, which always begins the first Monday in October. Even though family law cases are infrequently before the Supreme Court, it is still fascinating for us lawyers!

Back to school

Many people don't know, there is a statute in Maryland (and many other states as well) which protects a parent's right to medical and educational information, regardless of which parent has custody.  In certain circumstances, the court may restrict that right however.  In addition, if parents do actually have legal custody, they will need to share information between themselves as well. 

Regardless, sometimes my client have difficulty in getting the doctor or school to abide by this statute, in which case I send a letter with a courtesy copy of the statute.  If there's litigation pending, a subpoena may do the trick as well.   

For more information, see Maryland Code Annotated, Family Law Article 9-104. 

Most Americans cannot name member of U.S. Supreme Court

Yesterday, Findlaw released the results of a survey, finding that 2/3 of Americans cannot name even one of the Supreme Court Justices.  Say what you will about our education system, but for adults I think this is more of disinterest in civics and current events.  It's also interesting given the high profile cases decided every year. 

I am hoping these people aren't representing themselves in family law cases!

Jul 28, 2012

Married couples have various ways of organizing their finances. Some use a pooled joint account for all their income and expenses, others keep totally separate accounts, and still others use combination of those options. Whichever method is used, it is important for the couple to discuss budgeting, preferably before they get married or live together.

Keep in mind that in divorce, the separate bank accounts may still be considered marital property, depending on the source of the funds. If you really want to keep your accounts totally separate, the best course is to enter into a postnuptial agreement. Postnuptial agreements need to be carefully drafted to be enforceable, so you will want to consult with an experienced attorney.

Custody Basics

Either parent may seek custody of the children, there is not automatic preference for the children to reside with the mother or the father.  The Court may award residential custody (which may be primary or shared) and also legal custody (which may be sole, joint, or a hybrid).  Legal custody refers to the right to make major decisions regarding the health, education, religious upbringing and general welfare of a child.  Occasionally, a non-parent, such as a grandparent, may be able to gain custody of a child, if there are exceptional circumstances present.

Child support is based on the Maryland Child Support Guidelines, and is dependent on the incomes of the parties, certain child related expenses and the amount of time the children spend with each parent.

The spy who loved me

What happens when a spy gets divorced?  It's a question that comes up from time to time in the D.C. metro area.  The Washington Post wrote an article about a recent Virginia divorce, although the parties' names were not disclosed.  According to the article, the CIA does not keep statistics on spy divorces, but some employees note that it is a very high rate.