• What Does Use and Possession Mean in A Divorce Proceeding?

    Understanding How a Divorce Proceeding Works

    When a married couple decides to divorce, the process can be long and complex. Once the type of divorce has been decided, one party will file, and the other will respond. After this comes discovery, during which the parties can request information and documents from each other. This information will include things like debts and assets, how each party will speak on certain issues, and which witnesses will be asked to testify in court. Negotiations and mediation can happen during this phase, and each spouse’s position will be clarified. While this is happening, the court will sometimes put forth temporary orders regarding things like child custody and the dispensation of marital property. One legal term that might be used during this time is “use and possession.” What does it mean, and why does it matter?

    A judge’s gavel rests on the table as two people discuss a family law divorce case in Owings Mills

    Why “Use and Possession” Matters in a Family Law Divorce Case

    Use and possession is meant to give children stability, by granting them use of the family home and possessions. In a case in which no children are involved, use and possession is not taken for granted. While ensuring that children are protected matters a great deal, use and possession isn’t concerned with distribution of assets for the benefit of adults.

    Legal Meaning of “Use and Possession” in Divorce Law

    The courts can grant use and possession of the family home and personal property during the divorce proceedings, and for up to three years after the divorce is finalized. The property involved includes the principal residence of the family, as well as items that are primarily used for the family, like appliances, vehicles, electronics, and furniture. Anything acquired before marriage or through inheritance, and anything excluded by a prenup or other legal agreement is excluded from the umbrella term of family property.

    Purpose of Use and Possession Orders in a Divorce Child Custody Proceeding

    Use and possession orders are used to provide stability for minor children. Generally, the custodial parent may request and will probably be granted use and possession of the family home and other possessions. This doesn’t mean that this is the final dispensation: that will be resolved once the divorce settlement is finalized. Giving the custodial parent use and possession simply allows the children to maintain a sense of normalcy, continuing to live in their family home.

    Who Can Be Granted Use and Possession in Divorce Proceeding?

    When deciding use and possession, the court takes several factors into consideration. The needs of the children are the primary focus, but the way in which the order would affect the spouses is contemplated, as well. The point is not to cause anyone undue hardship, but to make the process go more smoothly. Note: sometimes, “exclusive use and possession” orders are granted, and these are commonly called “kickout orders,” because they mean that one party must vacate the premises. This is typically done in cases of domestic violence and abuse. If the use and possession order is extended beyond the finalization of the divorce, it’s usually with the caveat that if the person remarries, the order is terminated.

    Legal and Financial Implications in Divorce Law

    It’s important to note that use and possession orders are temporary, and don’t dictate the final division of property. For instance, while the custodial parent may be granted the use of the family home and vehicle during the divorce proceedings, this doesn’t mean that the house won’t be sold once the divorce is settled, and the profits divided. The family home is still a shared asset, and as such, needs to be handled in the divorce settlement. Because Maryland is an equitable distribution state, the law is focused on dividing assets fairly, and this can be a complicated process.

    Finding a Competent Divorce Law Firm

    When you are looking for a divorce law firm with experience and a reputation for excellence in family law, contact the Law Office of Kent L. Greenberg. Since 1981, we have been successfully assisting clients in the Baltimore County area, and our seasoned professionals work hard to resolve our clients’ legal issues, analyzing each case to determine the best strategies for handling each unique situation. Each family and divorce law issue is unique, and there is no one solution to meet every need. Having effectively handled numerous cases in our decades of experience, our firm understands the laws and protocols specific to Maryland, and will put our knowledge and expertise to work for you. When you have a domestic legal issue, you can trust the Law Office of Kent L. Greenberg to work to achieve the best possible decision in line with your best interests. If you are looking for legal services in Carroll County, Pikesville, Owings Mills, or Baltimore County, Maryland, contact us through our website to schedule a consultation.

  • Steps for Budgeting After Divorce

    Rebuilding Financial Stability After the Divorce Process

    When going through a divorce, you will find every aspect of your life significantly impacted. Divorce is emotionally draining, and can cause stress and anxiety, along with many other feelings stirred up by the end of a marriage. Additionally, it has a massive impact on a person’s finances. The dissolution of a marriage can means loss of income, division of assets, and a change in living arrangements. Both parties may be left financially vulnerable, so it is important to be proactive in rebuilding your financial stability. While this can be a long and arduous process, it all starts with a post-divorce budget.

    Financial guidance for individuals budgeting after divorce in Owings Mills, MD.

    Assessing Your New Financial Reality

    The first step in taking control of your financial situation during a divorce is to go through all your financial documents. Credit card statements, loans, paperwork for joint assets, and an inventory of household goods that may end up being negotiated in court. Make a list of all sources of income and all expenses, to get a clear picture of your financial situation. In addition to your salary, list bonuses, investments, social security, retirement, and any other sources of income. You don’t have to be completely specific regarding all your expenses, but include things like rent or mortgage, insurance, vehicle loans, credit cards, utilities, food, and other monthly expenses. Once you understand your financial standing, including how much money is coming in and going out, you will have a firmer footing, allowing you to move forward.

    Setting Financial Goals for a Budget After Divorce

    When determining your budget after the divorce, make sure you are thinking about your net income, rather than your gross income. Remember that taxes, payroll deductions, and social security will all come out of your paycheck up front, and the money you will have to work with will be what is left. Write down all your essential expenses, including housing, child support or alimony, insurance, groceries, utilities, and transportation. Identify the essential expenses, and subtract those from your net income before you begin considering non-essentials. With your essential life expenses, work on building an emergency savings fund and planning for your future. This may seem unrealistic, but it is important to think about unexpected expenses and planning for life moving forward.

    How to Budget After Divorce with Practicality in Mind

    Once you have calculated the amount of money you will need for your living expenses, it’s time to add in the non-essentials. This includes entertainment, dining out, and other niceties that aren’t necessary. Understanding both essential and discretionary expenses allows you to strategize for things that are important to you. Consider using budgeting software to help you stay on your budget, and review it periodically to make sure you are on the right track.

    Adjusting to Single Income Living

    If you have been accustomed to being part of a two income family, making the shift to a single income can be challenging. This is why it is important to have an experienced divorce attorney on your side during divorce proceedings, to make sure the settlement is fair and equitable. If you are the spouse paying alimony or child support, the goal should be to provide support without stripping you of the means to make ends meet. If you receive alimony or child support through your settlement, it should be enough to help you support yourself. In either case, it may be necessary to pick up a side job, like freelance work, to boost your monthly income.

    Revisiting Legal and Financial Paperwork

    A divorce settlement is intended to be final, but there are some cases in which it can be revised. If either party presented fraudulent information to the court, or if the income or expenses of either party changes, there is a possibility that the judgement will be set aside and revised. However, courts typically take a limited approach to adjustments, having to do with income fluctuations. A person losing his or her job is unlikely to have reduced spousal support, and an investment that increases or decreases in value probably won’t be a significant factor in revisiting the settlement. There are some cases in which there is an unforeseeable change, like an unexpected inheritance or a significant drop in the value of an asset.

    Resources for Financial Recovery Post Divorce

    As with every aspect of a divorce, you do not have to go alone. With the help of a family law attorney, you can successfully navigate this sometimes harrowing process, to achieve a fair settlement and have a reasonable handle on your finances as you move forward. Consider reaching out to a financial professional, too, if you are struggling. A trained accountant can help you make sense of your finances and build a better budget.

    Consult the Experts in Divorce Law for Help with Every Aspect of Your Divorce

    Since 1981, the Law Office of Kent L. Greenberg has been successfully assisting clients in the Baltimore County area. Our seasoned professionals work hard to resolve our clients’ legal issues, comprehensively evaluating each case to determine the best strategies for handling each unique situation. Each divorce and family law issue are unique, and there is no one solution to meet every need. Having effectively handled numerous cases in our decades of experience, our firm understands the laws and protocols specific to Maryland, and will put our knowledge and expertise to work for you. When you have a domestic legal issue, you can trust the Law Office of Kent L. Greenberg to work to achieve the best possible decision in line with your best interests. If you are looking for legal services in Carroll County, Pikesville, Owings Mills, or Baltimore County, Maryland, contact us through our website to schedule a consultation.

  • Why Legal Guidance is Essential in Your Divorce Case

    The Emotional and Legal Intricacies of a Divorce Case

    Divorce is a complex process and can be emotionally overwhelming. Deciding to divorce should never be done lightly, since it is one of the most important decisions a person can make. Before deciding on divorce, take some time to reflect and determine whether it’s the right decision. A divorce is more than just a breakup, and impacts every aspect of the couple’s lives, including their finances and their relationships with others in their family. After thoughtful consideration, if you decide that a divorce is your only option, remember that divorce is legally complicated. Educating yourself about the divorce process and the laws in your state can be helpful, but ultimately, you need an experienced attorney to help you navigate this new territory.

    Attorney consulting a client about divorce proceedings in Owings Mills, MD

    The Challenges of Family Law and Divorce

    As complicated as divorce can be, it is even more difficult when there are children involved. When there are children in a family that is divorced, the needs of the children must be prioritized. Within the family, it is important to keep communication open, explaining things in an age appropriate way and reassuring the children, to help them cope with their changing family situation. From a legal standpoint, child custody and support must be determined following state law. A divorce lawyer can help you develop a coparenting plan that details how parents will share the responsibilities of raising children, taking into consideration schedules, holidays, and how you will communicate. It can be difficult to find solutions regarding these sensitive subjects without the support of a third party who is not emotionally invested.

    Navigating Complex Legal Processes in Divorce Law

    Sometimes, couples choose to settle their divorce themselves, but this can be a poor decision. An agreement that isn’t executed correctly may be non-enforceable, and this can end up drawing out the divorce process or causing additional expense. What’s more, if you are not an attorney, you may have trouble understanding complex legal terms, and this can put you at a disadvantage. A skilled divorce attorney knows how to protect your legal rights and can anticipate future disputes and draft the precise language and legal safeguards that will prevent these. Having an attorney on your side means your paperwork will be drafted and filed correctly, the letter of the law will be followed, and all deadlines will be met.

    How a Divorce Lawyer Helps Ensure Fair Outcomes in Property Division and Custody

    In addition to a co-parenting agreement, property division, spousal support, and child custody will need to be determined. Determining spousal support can be tricky, because it is based on factors like each spouse’s financial needs and earning ability, as well as the length of the marriage. Coming up with an equitable plan for the family as you move forward into a new reality requires the expertise of a divorce attorney.

    Preventing Costly Mistakes with the Help of a Divorce Case Lawyer

    Divorce can be an expensive process, and it may seem like you can save money by settling the case yourself instead of hiring an attorney. Unfortunately, this can lead to problems later. A divorce lawyer knows how to scrutinize financial information and look for hidden assets, and this can prevent an unequal division of property or unfair spousal support. Further, while a divorcing couple may miss some long-term aspects of financial planning, an attorney has a full understanding of issues like inflation, retirement, and tax implications. Having an expert working on your divorce settlement makes it more likely that you will end up with a fair settlement, with neither party at a disadvantage.

    The Long-Term Impacts of Legal Guidance: How Long Does a Divorce Case Last?

    The length of a divorce case can vary, depending on the complexity of the negotiations. While a simple, uncontested divorce can sometimes be settled in just a few months, contentious divorces can take a year or longer. Having an experienced attorney on your side means making the most of that time, drafting a plan that will work best for your family in the long run. A forward-thinking attorney will help you reach a settlement that takes future challenges into consideration, so that the risk of post-divorce disputes is lowered.

    Finding the Right Family Law and Divorce Attorney

    All attorneys are not the same. When you are going through a divorce, you need an advocate who will understand your situation and help negotiate a settlement that is in everyone’s best interests. Look specifically for attorneys who specialize in your type of divorce, and research the attorneys you are considering so that you can evaluate their experience and make the right decision.

    Whatever Your Divorce Case Status, Trust Us to Help

    Whether you are just beginning the divorce process or stuck in a legal quagmire and need assistance finding your way out, it helps to have an experienced, compassionate family law attorney on your side. Since 1981, the Law Office of Kent L. Greenberg has been successfully assisting clients in the Baltimore County area. Our seasoned professionals work hard to resolve our clients’ legal issues, comprehensively evaluating each case to determine the best strategies for handling each unique situation. Each divorce and family law issue are unique, and there is no one solution to meet every need. Having effectively handled numerous cases in our decades of experience, our firm understands the laws and protocols specific to Maryland, and will put our knowledge and expertise to work for you. When you have a domestic legal issue, you can trust the Law Office of Kent L. Greenberg to work to achieve the best possible decision in line with your best interests. If you are looking for legal services in Carroll County, Pikesville, Owings Mills, or Baltimore County, Maryland, contact us through our website to schedule a consultation.

  • How a Prenuptial Agreement Can Impact Your Divorce?

    Given the consistently high divorce rates in modern times, many couples consider it prudent to establish a prenuptial agreement before the wedding. A prenup can protect both spouses, although each of them should consult their own family lawyer in Owings Mills before signing the document. If the marriage doesn’t last, a divorce attorney can offer state-specific guidance regarding the impact of the prenup on the divorce settlement.

    Prenuptial Agreement in Owings Mills, MD The Benefits of a Prenup

    Divorce doesn’t always have to be a long, drawn-out process filled with arguments and ill will. Divorce mediation is a viable alternative, and having a prenuptial agreement in place may make mediation more likely to succeed. That’s because a prenup can take care of many of the issues that need to be settled before a divorce is finalized. Even if mediation doesn’t succeed in settling the rest of the issues, or if you and your spouse would rather not try mediation, having a prenup in place can lessen the headaches of a court proceeding. It may reduce discovery, and in doing so, reduce legal fees.

    The Disadvantage of a Prenup

    The main downside of prenuptial agreements isn’t one that will apply to every divorcing couple. It will occur if your spouse decides to contest the validity of the agreement. Your spouse will need a legally acceptable reason for asserting that the agreement is invalid. Even if grounds to contest the validity are lacking, the process of proving the validity of the document can make the divorce take much longer. A valid prenup is one that was not prepared or signed with any of the following present:

    Fraud (i.e., hiding assets)

    Duress or coercion

    Incompetence

    Undue influence

    Mistakes

    Unconscionable or grossly unfair

    It’s worth noting that most prenuptial agreements are found to be valid. If you had your prenup prepared by a family court lawyer, it’s almost certainly going to hold up in court.

    The Ways Your Prenup Can Work for You

    The exact ways in which your prenup will affect your divorce depends on its provisions. Bring a copy of the agreement to your consult with the lawyer. Your prenup may affect the following areas:

    Retirement accounts

    Alimony

    Life insurance policies

    Division of debts and assets

    If you share children with your spouse, your prenup cannot legally affect child custody or child support arrangements.

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  • Fault-Based Divorce: How to Prove Adultery

    Divorce law in Maryland is notoriously complex. In many cases, spouses must endure a lengthy legal separation before the divorce can be finalized. If you can prove fault-based grounds for absolute divorce; however, you may be able to forego the waiting period and move forward with your post-divorce life. If your marriage has deteriorated because your spouse has committed adultery, you should speak with a divorce lawyer near Owings Mills. You may be surprised to learn that proving adultery could be easier than you think. Divorce Attorney in Owings Mills, MD

    You do not require definitive proof of adultery.

    Many spouses assume that it is necessary to provide hard proof of their spouse’s adultery, such as pictures or videotapes. Although this is a possibility, it certainly isn’t necessary. Maryland divorce law does not require spouses to offer definitive proof that adultery existed. Circumstantial or indirect evidence is sufficient.

    You do need to prove your spouse’s disposition of affection.

    Maryland divorce law does require a spouse to demonstrate that the other spouse had a “disposition of affection” toward a third party. This simply means that the individual somehow displayed his or her affection toward someone who is not married to that individual. This could take the form of holding hands, kissing, hugging, or even suggestive dancing. For instance, a friend of yours may have witnessed your spouse behaving in an affectionate manner with someone else. The testimony of your friend, perhaps complemented by pictures, may be sufficient to prove your spouse’s disposition of affection.

    You do need to prove that an opportunity for adultery existed.

    In addition to proving your spouse’s affectionate behavior, you must prove that he or she had the opportunity to commit adultery. This opportunity has to be more conclusive than the mere fact that you weren’t in your spouse’s presence on a 24/7 basis. For instance, you might demonstrate that your spouse spent time in a hotel room with the other individual or was seen entering the residence of the other individual.

    You could offer substantial proof if it exists.

    Although conclusive proof is not required to prove adultery, it can certainly help your case. It’s important to be honest with your divorce lawyer about your suspicions of adultery. If you were diagnosed with a sexually transmitted disease (STD), this may be all that’s needed to prove adultery. If your spouse became pregnant and paternity tests prove that the child is not yours, this certainly proves adultery.

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  • Medication Disputes and Co-Parenting: A Look at Common Problems and Solutions

    Even when parents are both committed to co-parenting cooperatively for the benefit of their children, disputes are inevitable. One common area of conflict involves medications and other medical decisions. Although some types of child custody put the power to make these decisions firmly in the hands of one parent, in other cases, parents each have the right to weigh in, and disagreements may arise. Your family attorney in Owings Mills can help you navigate these touchy issues when they occur. Here is a look at some of the common problems that happen regarding medication disputes in co-parenting agreements—and how you can overcome them.

    Attorney explaining the terms of a divorce agreement to clients in Owings Mills, MDCommon Medication Disagreements

    In most cases, parents do not disagree about giving children medicine for acute illnesses, such as an antibiotic for bronchitis. Instead, parents may find they are not on the same page when it comes to managing chronic conditions, particularly ADHD or ADD. One parent may believe that the child needs to be on medication for attention deficit and/or hyperactivity, while the other parent doesn’t believe in giving children these kinds of medications. Other common areas of dispute are antidepressants or other medications for psychiatric conditions and vaccinations.

    Solutions for Medication Disputes

    Solving a medication dispute may be as easy as reviewing your child custody agreement. If one party has sole legal custody, then he or she has the exclusive right to make medical decisions for the children. If you have joint legal custody, then both parents must come to agreement on issues regarding medical decisions. If you can’t come to agreement, consult your family law attorney. He or she may recommend mediation, or in some cases, you may wish to return to court for a review of your custody agreement. Even if you haven’t experienced a dispute about medications or other aspects of medical care, it can be helpful to ask your family lawyer to include stipulations about how medical care will be addressed in your child custody agreement, so you can reduce the risk of future complications.

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  • A Divorced Dad’s Guide to Co-Parenting

    Co-parenting is much more than just exchanging the kids for visitation. It’s the process of working collaboratively and amicably with your ex for the sake of your kids. Divorce experts tend to agree that co-parenting is the most effective way to raise kids who are well-adjusted and have healthy relationships with both parents, despite the parents’ divorce in the Owings Mills area.

    Watch this quick video for some helpful tips on successful co-parenting. You’ll learn the value of reaching out to professionals, like counselors and divorce mediators. You’ll also learn that child custody and visitation agreements might be modified as circumstances change and the children grow older. Always remember to prioritize the well-being of the kids, and set aside the personal feelings you have toward your ex.

  • What Are the Custody and Visitation Rights for Stepparents After a Divorce?

    Stepparents in general have an undeservedly bad reputation, despite the fact that many of them form strong emotional bonds with their stepchildren, and invest considerable time and effort taking care of them. When a stepparent and biological parent divorce, it’s usually thought that the stepparent has no parental rights. However, divorce law in Owings Mills has been slowly catching up to the modern reality of blended families. Since child custody laws are subject to change, stepparents are encouraged to visit an attorney for the latest information about their legal rights.

    Child Custody Lawer in Owings Mills, MD

    • Whether the child will suffer harm without visitation with the stepparent

    • The extent of assistance and financial aid provided by the stepparent for the child’s rearing

    • The duration of the stepparent’s parental role with the child

    • The degree to which the stepparent has held an active, significant role in the child’s daily life

    • The strength of the relationship between the child and the stepparent

    Award of Custody

    Divorce law presumes that it’s in the child’s best interests for the biological parent to retain custody, rather than the stepparent. However, there are some occasional exceptions. If both of the biological parents are found unfit to raise the child, the stepparent may be awarded custody. Parental fitness is determined on a case-by-case basis, but may be considered when any of the following factors apply:

    • Incarceration

    • Abandonment

    • Child abuse or neglect

    • Other form of domestic violence

    • Substance abuse

    • Severe psychiatric illness

    Of course, if both of the biological parents have died around the time of the divorce, then the stepparent will also be more likely to secure custody.

    Establishment of Visitation

    Although it’s challenging for a stepparent to get custody, he or she may be more likely to receive visitation. Visitation may be awarded if it’s determined to be in the child’s best interests. The court will consider whether an ongoing relationship with the stepparent will enhance the child’s quality of life.

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  • Tips for Parents from Children of Divorce

    Arguably, divorce is more difficult for the children than for the parents. When you make an appointment with a family law attorney near Owings Mills, take the time to also schedule a consult with a family therapist. Even if the children don’t go to the therapist with you, he or she can help you learn how to protect your kids from the most harmful aspects of divorce. Additionally, consider divorce mediation, which may help both parents co-parent more effectively.

    When you watch this video, you’ll hear directly from some children of divorce. They explain what they wish their parents knew when they were getting divorced. Some of their recommendations include: Never argue in front of the kids, never ask the children to pass messages between parents, and never use the children as leverage against the other parent.

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  • Why You Shouldn’t Try a DIY Divorce

     

    No matter how simple your divorce might seem at first blush, things are rarely that easy when it comes to family law. Divorce lawyers in Owings Mills are intimately familiar with the many nuances of divorce, alimony, child custody, and child support laws. You can rely on your divorce lawyer to give you trustworthy guidance about your case and your options. If you do try a DIY divorce, you run the risk of making costly mistakes on the court paperwork, getting an unfair property division, and most importantly, losing the right to joint custody of your children.

    Hiring a lawyer gives you another key advantage: a buffer zone in court. Divorce cases are incredibly stressful. Even if you’ve appeared before a judge before, you’ll likely find it difficult to present your arguments effectively during such a high-stress time. Your lawyer is the liaison between you and everyone else involved in the case, including your soon-to-be ex-spouse and his or her lawyer.

     

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