Alimony, or spousal support, is frequently an area of dispute in divorce cases. Before discussing spousal support in your divorce settlement, you should have an experienced alimony attorney in Owings Mills on your side.

Watch this video to learn more about how alimony is decided during divorce cases. In addition to any applicable state laws, courts consider each family’s individual circumstances before ruling on alimony. Your divorce lawyer can build a case that demonstrates your current financial standing after your marriage ended to argue either that you are entitled to support from your spouse if you are seeking alimony or that you should not have to pay to support your ex if you are fighting an alimony request.

When you’re facing a divorce in Maryland , it’s common to have questions about the process and how it will affect your future. As soon as you make the decision to separate, retain an experienced divorce attorney who can represent your interests as you negotiate with your ex on issues like child support and alimony. As you make decisions about your divorce, keep these answers to some frequently asked questions in mind.

What kind of divorce can I get in Maryland?

In Maryland, there are both no-fault and fault-based divorce. A no-fault divorce is the easiest to obtain. To qualify for a no-fault divorce, spouses must live apart voluntarily for one year without interruption if children were born during the marriage, or if no children were born during the marriage, spouses may qualify immediately if certain other criteria is met. If you seek a fault-based divorce, your divorce attorney will need to prove a reason for the divorce, such as adultery, cruelty, deliberate desertion that has continued for 12 months or more, or a criminal conviction that includes a three-year or longer sentence. Your attorney will help you choose the right type of divorce for your situation.

What is the difference between a limited and absolute divorce?

A limited divorce is similar to a legal separation. During a limited divorce, the couple is separated but the marriage is not terminated. Issues such as child custody and alimony are often decided on a temporary basis during a limited divorce, but those determinations can then roll over to an absolute divorce. An absolute divorce is the final, legal dissolution of a marriage. Limited divorce is not appropriate for every case but can be helpful in instances in which couples have not yet met the requirements for absolute divorce but need assistance in settling their differences until they become eligible.

How are child support and alimony different?

Child support is paid specifically to meet the financial needs of the children that were conceived during the marriage. It is typically paid to the custodial parent. Alimony is spousal support and is designed to prevent one spouse from experiencing a significant decline in lifestyle or financial standing after divorce. Courts consider each case individually before ruling on child support and alimony.

Virtual visitation is a new trend in divorce law that is designed to enhance traditional visitation agreements. With virtual visitations, non-custodial parents who do not live in the same location as their children can have increased communication using technology like web chats, social media, and instant messaging. When you’re considering types of child custody and visitation in Maryland , it is important to have an attorney on your side to represent your rights and interests. If virtual visitation is an issue in your child custody case, here is what you need to know.

What is virtual visitation?

Virtual visitation is the use of technology to connect non-custodial parents and children outside of their traditional visitation times. It can be used to allow kids and parents to keep in touch about day-to-day activities or to share major events, like a play or recital, with non-custodial parents who can’t attend the event. Because virtual visitation is a new phenomenon, there is no standard type of order for these cases. The courts may specify which virtual platforms should be used for visitation, when the visits should occur, and that the child and parent be allowed to communicate without oversight from the custodial parent.

Who is a candidate for virtual visitation?

One common child custody issue is what happens if the custodial parent wants to relocate. Even if the relocation is in the best interest of the child, it can still take a toll on the relationship between the child and the non-custodial parent. Virtual visitation can help ensure that the connection between parent and child stays strong. The same standards apply to virtual visitation as traditional visitation, so parents who are not eligible for in-person visits with their children will not be awarded virtual visitation.

Does virtual visitation affect other forms of visitation?

Virtual visitation cannot be used to in place of traditional visitation. It is supposed to supplement the in-person visitation schedule rather than replace it. Neither parent can use virtual visits as a way to change the traditional visitation schedule or to replace scheduled visits.

After a divorce or legal separation, you and your ex will follow a court-ordered parenting plan. This document establishes the type of child custody that both parents will have and it specifies when the child will be with each parent. Visitation is difficult to adjust to for both parents and children, but as time passes, the arrangement will start to feel more normal. Remember that it is possible to petition for a modification of the visitation schedule as your child grows and situations change. Talk to a family law attorney near Owings Mills for guidance.

Maintaining a Routine

Try to imagine how difficult it must be for a child to live in two separate households with two separate routines and sets of rules. Consistency across both households will help your child feel more secure and may even curb problematic behaviors as he or she grows older. Ideally, you and your ex can maintain similar daily routines and household rules, such as finishing homework before playtime and having dinner by a certain time.

Feeling at Home

If you’re the parent who moved out of the family home, you have the added challenge of helping your child feel at home in the new residence. Your child should have a bedroom of his or her own. Your child should arrange and decorate the bedroom to take ownership of the space. Extravagance is not necessary, but comfort is. Resist the temptation to purchase lots of new toys for your child for the purpose of distracting him or her from the new arrangement. Instead, focus on spending quality time together enjoying activities that you would normally do with your child.

Handling Overnights

Overnight visitation can be stressful for young children, particularly during school breaks when a child might live away from the primary residence for a week or longer. Do not take it as an insult if your child expresses homesickness or misses the other parent. Encourage your child to share these feelings openly and offer judgment-free reassurances.

Staying Connected

Children should always feel free to contact either of their parents regardless of which parent they are currently with. Phone calls, text messaging, and video calls strengthen the child’s relationship with each parent. Whenever it’s practical to do so, give your child privacy as he or she chats with the other parent.

Even after a divorce has been finalized, you can expect to continue communicating with your ex-spouse if you share children with him or her. For the sake of your children, it’s essential to keep your interactions with your ex civil, especially when the children are within earshot. If your divorce is still pending, consider talking to your family attorney in Owings Mills about designing the parenting plan to include preferred communication methods. For example, your family lawyer could specify that it is the responsibility of each parent to keep each other informed about any changes in the children’s school schedule, extracurricular activities, and health.

For some helpful tips on overcoming communication problems, watch this interview with a family therapist. She suggests treating the relationship with your ex just like a business relationship; you can be cordial with your ex even if you do not enjoy being in his or her presence. It’s also crucial to avoid using your children as messengers between you and your ex; instead, speak or text directly with your ex.

After a divorce, children will primarily reside with one parent, even if both parents share custody. There are actually two different types of custody: physical and legal. Physical custody refers to where the kids maintain residency and legal custody refers to the right to make major decisions for the kids’ upbringing. If you share legal custody with your ex, you can speak with your child custody attorney in Owings Mills about strategies of successfully co-parenting.

Go to Mediation

The most effective way to deal with legal custody disputes is to prevent them from occurring. However, even if a dispute has already occurred, child custody mediation can help. You and the other parent will sit down with a neutral mediator, who will help you work toward a mutually agreeable solution that is in the best interests of the children. Mediators can facilitate discussions regarding the children’s religious upbringing, education, and healthcare, among other decisions.

Keep Each Other in the Loop

After the divorce, you may wish to avoid your ex completely, but this simply isn’t possible when you share children with him or her. Parents can reduce the possibility of a dispute by agreeing on communication methods and frequency in advance, and by agreeing to keep each other in the loop when something comes up. For example, if you receive updates from the school about soccer games, school pictures, or progress reports, you should promptly send the other parent a copy of the notice. Similarly, the other parent should let you know promptly if a child fell ill during visitation and needs to take antibiotics. For other types of medical treatment, such as administering psychiatric drugs, the permission of both parents is required.

Set Aside Emotions

When a dispute does arise, it’s helpful to spend a few days thinking about the matter before wasting more time arguing with your ex. This helps you get your emotions in check, think about the issue in a logical way, and develop ideas for compromising with your ex. Remind yourself that your only priority is to promote the best interests of your kids.

Put All Agreements in Writing

Secondary disputes can sometimes arise if one parent “forgets” about the agreement or claims that he or she never agreed at all. Written communication is always best. For instance, if you and your spouse agree to take the kids to different religious centers, sign a written agreement that neither of you will disparage the other religion in front of the kids.

Divorce law is complex, which is why it’s best to have a divorce attorney in Owings Mills on your side to protect your interests. Although divorcing spouses often want the case to be resolved as quickly as possible, it’s necessary to remember that divorce isn’t always a one-time issue; if you share children in common with your spouse, you’ll need to be able to communicate effectively with him or her for years to come. Making the divorce process as amicable as possible may help prevent contentious child custody issues in the future and it will certainly improve your communication with your ex.

Agree on a Method

The first step toward effective co-parenting is a matter of logistics: Deciding which communication methods you will use. It may be necessary to make a phone call or have a face-to-face conversation in some cases, but if your relationship with your ex is strained, then it’s best to use more impersonal methods whenever possible. E-mail is an excellent choice because it gives you time to choose your wording carefully before responding. Plus, you can save all of your received and sent e-mails in case they are needed for future litigation. Regardless of which methods you choose, you should never use a child as a messenger.

Keep Each Other in the Loop

Agree to keep each other in the loop. Tell your ex about the important things going on in your child’s life (e.g., school pictures, immunizations, and major temper tantrums) and ask that you be kept informed if something happens at the other parent’s house that you need to know about.

Avoid Putting the Kids in the Middle

Children need stability and support . Witnessing hostility between their parents can inflict real psychological damage on children that can have lasting effects. Make an agreement with your ex to hide disagreements from the kids and to never make disparaging remarks about the other parent in front of the children.

Use Professional Language

Perceiving your relationship with your ex as a business relationship can support effective co-parenting. Use courteous, professional language with your ex when speaking, texting, or e-mailing. After writing an e-mail to your ex, take a minute to reread it before you press “Send.” Make sure there are no word choices or stylistic selections that could be misinterpreted. For example, writing something in all capital letters could be interpreted as hostility.

During a divorce and child custody case, fathers often have a notoriously difficult time winning primary or joint custody. To protect their rights, fathers should always have a child custody lawyer in Owings Mills on their sides in court. This video explains more.

Although more and more fathers today are fighting for and winning the type of child custody they want, there is still a tendency in the courts to assume that the mother should be the primary caregiver and custodian for the children. Fathers who want to protect their rights and get as much time with their kids as possible should work with a family attorney with experience in fighting for father’s rights. Fathers must aggressively provide evidence that the custody agreement they are pursuing is in the best interest of the children.

Child custody agreements are one of the most difficult parts of negotiating a divorce settlement. As your family law attorney in Owings Mills can tell you, there are many decisions that have to be made, from where the child will live to who gets to see them on the holidays. Here is a look at some of the child custody issues that are part of most cases.

Non-Disparagement Clauses

In contentious divorces, parents frequently have concerns—often for good reasons—that their ex-spouse will speak badly about them to the children. Fears over this kind of damaging behavior have led to non-disparagement clauses being added to child custody agreements. These clauses can vary greatly depending on the needs of the family, but in general, they are written to ensure both parties agree to avoid saying or doing anything that could affect the relationship between the ex-spouse and the children. In some cases, non-disparagement clauses also prevent this kind of behavior towards other family members, or even towards new spouses should a future remarriage occur.

Holidays

When families split up, holidays naturally become an issue. Unless parents agree to continue to spend major holidays together, they will need to divide up this time as part of the custody agreement. Some families agree to a set schedule, while others decide to rotate major holidays. Whatever the agreement it is, it is helpful to consider these questions during the custody negotiation process rather than waiting for a holiday to approach.

Expenses

A child support agreement will be part of most custody cases, but what about expenses that go above and beyond those costs, such as summer camps, braces, and school trips? When children have a need or an opportunity that represents an additional expense, will both parents need to agree and split the costs, or can one parent make the decision and either cover the entire cost or still ask the other parent to contribute financially? Many expenses that go above and beyond basic child support will arise during co-parenting, so it is helpful to have a framework to rely on when they occur.

When one parent is paying child support, he or she often wonders if it’s necessary to continue to pay when the children are staying at his or her house. For instance, if the children spend the summer with the non-custodial parent who pays child support, is it necessary to keep making payments during that time? Questions like these can be discussed with your family law attorney in Owings Mills , who can help you understand your rights to modify child support agreements.

Child support cannot be discontinued without a court order. Child support law requires that payments be made continuously, even when the children are staying with the parent making the payments. This is because the other parent still must maintain the household for the children to return to when any visit is over.

Your child support attorney can help you consider whether a modification could be appropriate for your case—for instance, if your earnings have changed after your divorce. Never adjust child support on your own without a court order, as you could face legal trouble over back payments.