Maryland Family Law

Divorce for Profit?

Yesterday, Law.com reported on a federal district court case in Texas where the judge dismissed a claim by Continental Airlines that several of its pilots had engaged in "sham" divorces to allow them to access their pension plans early.  This decision was based on ERISA, the federal law which govern employee benefits.  The judge held that the pension plan must honor the domestic relations orders (DRO) and had no authority to determine the validity of the divorce.  While many would questions the ethics of anyone divorcing for financial gain, the article also mentions the problems which would arise if the plan administrators were allowed to question the underlying divorce.  This is probably a result that is correct in the law, but still feels somehow wrong.

On Separation Agreements

The majority of couples splitting up enter into separation agreements, detailing the arrangements for  custody, visitation, support, and alimony.  Ideally, the agreement is signed before either spouse moves out, however this is not always possible, particularly when there are domestic violence concerns.  Even the most contentious cases settle at some point, perhaps even on the day of trial.  Many different provisions can be included in separation agreements, for example tax agreements, non-disparagement clauses, and specific details about selling or transferring property.  Whatever your concerns are, it is best to have your agreement drafted or reviewed by an attorney in your state....you don't want to end up in court fighting about what your agreement means!  

Divorce and social policy

Yesterday, CNN.com published an editorial from Leah Ward Sears, who has been the Chief Justice of the Georgia Supreme Court about the pros and cons to no-fault divorces and the effect that can have on father's parental rights.  In my view, there are often "losers" on all sides of the equation, mothers, fathers and most of all children. 
Thanks to my hubby for bringing this article to my attention (readers, you may interpret that as you like!)

Say cheese!

A study from De Pauw University found that people who smile more in photos are more likely to stay married.  The study involved showing participants photos of people in their youth, the smiles were then evaluated and compared with data provided by the people in the photographs.  Do happy people get divorced less often?  Share your comments below.   

Do-it-yourself Investigations

USA Today reported on a trend of more spouses resorting to self-help to collect evidence for a divorce case.  For example, one can purchase GPS trackers for a vehicle, install spyware to monitor what is being typed or viewed on a computer, or install a hidden camera.  Beware, however, as the article is silent on what the consequences may be in taking those actions.  Depending on the circumstances, you may be violating state or federal regarding privacy and electronic communications.  For example, in some states, if your recording includes sound, you may be violating wiretapping prohibitions.  Not only will you not be able to use the evidence in your trial, but you may face criminal penalties as well.  Even in you can legally collect the information, consider whether it would be more credible in your case if a third party collected the evidence.  Before you take any action, be sure to consult with an attorney familiar with the laws of your jurisdiction.  Just because you can buy it, doesn't mean you should use it.

Tips to get your financial house in order

Today, the Wall Street Journal included an article with tips to improve your financial situation, rather than waiting to see if our new President will be able to affect the economy.  Good advice is certainly worth repeating, and some of the tips included reviewing your estate plan, paying down credit card debt, evaluate your spending....all of which are also a good idea to do when you are contemplating a divorce.

Time to get that beach rental deposit back....

Yesterday, WTOP news reported that Maryland judges will lose a week of vacation next year to save money in the budget.  State budgets are tight everywhere.  Recently, the state of New Hampshire suspended jury trials for a month to save money, and in Maryland money for outside attorney referrals for the Public Defender's office was cut for some time.  Litigants often find that the court system is clogged, and in family law cases it is not unusual to wait several months for a custody trial.  Judges face a delicate balance in making sure that a litigant has fair opportunity to present his or her case, while trying to encourage that the process moves along efficiently.  There are also more pro se litigants than ever, who are often not well equipped to present their cases.  These are all things to think about as your cases moves through "the system," and being cognizant of the court's concerns can help in presenting your case in the best possible light. 

Divorce and the economy

Many people have asked me what effect the down economy has had on my law practice.  I haven't noticed any sizable increase or decrease in the number of new clients calling me, however the current economic situation has a huge impact on my cases.  For example, many times a case that probably could have otherwise settled is stuck because a spouse is focused on what the 401k account used to have...and of course any real estate owned as well.  For more examples, see this article from yesterday's New York Times regarding divorce and falling real estate.  The real estate market could also been seen as an opportunity depending on which side you're falling on.....a lower value could mean that a spouse is able to buy out the other at a reduced price, and it also leads to battles on whether to sell the property.  One spouse may want to hold off and hope prices rise, which the other is willing to sell at a loss just to move on.  In uncertain times, it is vitally important to have the advice of professionals such as financial advisors, realtors, mortgage professionals to help you figure out what is right for you.  Don't try to weather this storm alone!

A signed document

Last evening, I watched the Charlie Brown Halloween special with my daughter.  As you may recall, every year Charlie Brown is tricked into attempting to place kick a football with Lucy pulling the ball away at the last minute.  In this particular episode, she gives him "a signed document" that she will not pull away the ball; Charlie Brown is feeling pretty secure about this.  Inevitably, Lucy pulls the ball away yet again, and notes to Charlie Brown that the document was not notarized.
It reminds me of some of my own cases.  I often counsel clients to attempt to reach an agreement with their spouse before anyone moves out.  Can a signed document protect you in court?  It depends...the more comprehensive and agreement is, and if both parties have attorneys, the more protection the agreement can provide.  Sometimes, particular clauses of an agreement are simply not enforceable, for example, an agreement to waive child support will likely not be enforced by a court.  Notaries are necessary for some documents, like deeds, and for settlement agreements can be helpful.  In any case, getting the advice of an attorney is always the best option to decide if an agreement is enforceable and legal.  Being trusting can be an admirable quality, but don't end up on your back like Charlie Brown. 

Real Estate Tips

Today, the Wall Street Journal printed an article with tips for quickly selling a home in this current market.  Increasingly, I am finding that clients are having trouble selling their home and are often there simply aren't enough assets to split.  Often, one of the divorcing spouses is mentally stuck on what the home value or the investment portfolio USED to be.  What are your options?  If you have custody of minor children you may be able to have "use and possession" of the home.  This would put off the selling date for a few years, and perhaps the market will have improved by then.  Or you and your spouse could agree to wait to sell the home, for example you could have a detailed agreement as to how taxes, repairs, mortgage, etc. will be paid.  Another thing to think about, perhaps the timing is right to "buy out" your spouse's interest in the home...you may be able to reap the benefits of an increase when the market improves.  You can also request that the court transfer the marital home to you, assuming you can qualify for a mortgage if necessary.  You have options, and an qualified attorney can help you to explore them.