When you consult divorce lawyers in Owings Mills, one of the issues you should discuss is your finances. Your divorce lawyer will review your assets and liabilities , and advise you as to what you might expect from the divorce decree. For example, under family law, your spouse and dependents may be entitled to receive a percentage of the proceeds from your 401(k) plan.

You can hear more about this issue by watching this brief video. This family law attorney explains that the court can issue a qualified domestic relations order, which lists the recipients of a portion of your 401(k) plan. As your family lawyer can inform you, when this order is issued, you’ll be required to send a copy to the administrator of your 401(k) plan.

Divorce laws in Maryland have long been relatively strict compared to family law in other states. However, there have been some recent changes to these laws. Consider talking to your family law attorney in Baltimore County and near Owings Mills about whether these changes may affect your divorce. Specifically, the new legislation may allow your divorce lawyer to help you finalize your divorce much more quickly.

Previous Legal Requirements
You may already know that even if you had an uncontested divorce, Maryland divorce laws required you and your spouse to go through a waiting period before the divorce could be finalized. This applied even in cases in which divorce mediation was successful and the couples reached agreements regarding crucial matters such as asset division, liability division, alimony, child custody, and visitation. The waiting period was one year, which only began on the day that the spouses no longer lived together. If the spouses stayed together for even one night during that one-year period, the waiting period began again. This was particularly problematic for spouses whose financial situations did not allow them to live apart right away, even if they worked out all the details of their divorce. There were a few exceptions to the waiting period. Spouses could finalize a divorce quicker based on several grounds, including if they were accused of adultery or abuse. However, this led many non-adulterous couples to accuse each other of adultery simply to avoid the one-year waiting period.

New Legal Requirements
A new law has changed the waiting period requirements, making it easier for your family law attorney to accelerate the divorce process and allow you to move forward with your life. Under the new law, there is no waiting period for couples, provided they do not have minor children. Couples must also agree on property division to take advantage of the accelerated process. Additionally, the new law requires that both spouses attend the hearing to finalize an uncontested divorce in an expedited manner. Not only does this new law allow divorce lawyers to help divorcing spouses to move forward with their lives, it also restores a measure of privacy to the divorce proceedings regarding the residency of the spouses.

For all matters pertaining to family law , including grandparents’ rights, it’s highly advisable to seek the counsel of an experienced family attorney near Owings Mills. Family law is particularly complex with respect to grandparents’ visitation rights and the outcome of the case depends on the specific circumstances. In Maryland, a family lawyer may file a petition on behalf of a grandparent to seek visitation rights with a child. The court is allowed to grant visitation rights to grandparents provided the visitation is considered reasonable and it is in the best interests of the child.

However, as your family law attorney can advise you, legal precedent has determined that the court will most likely not order visitation unless certain elements are present. In other words, the court is unlikely to order visitation with a grandparent despite objections from the custodial parent. It may only do so if the grandparent can bring evidence demonstrating that the custodial parent is an unfit parent, that the custodial parent has denied visitation with the grandparent altogether, and that this denial of visitation is demonstrably harmful to the child.

Your family lawyer can help you navigate every aspect of the divorce process, including alimony. Your family law attorney in Baltimore County and near Owings Mills can help you understand the factors the court may consider when deciding whether to award alimony, how large the payments will be, and how long the payments will continue. Be sure to write down any questions you may have about alimony when you visit your divorce lawyer.

How Is Alimony Calculated?
Alimony laws in Maryland do not establish a specific formula for determining alimony in divorce cases. The court is given the discretion to establish orders on a case-by-case basis. However, your family lawyer may be able to provide you with an estimated outcome based on his or her past experiences in court and the specific facts of your case.

What Factors Will a Judge Consider?
To determine alimony, a judge in Maryland can consider a wide range of factors. These include:

• The length of the marriage
• The standard of living for the household during the marriage
• The ages of each spouse
• The mental and physical condition of each spouse
• The needs and financial resources of the spouses

Additionally, the judge is likely to evaluate the earning capacity of the spouse who is requesting alimony . If this spouse needs education or vocational training to find gainful employment, the judge will consider how long the spouse may need.

How Long Must an Individual Pay Alimony?
There is no set timetable for alimony under Maryland laws. The judge may order retroactive alimony payments from the date the spouse filed the petition. Alimony may be paid for a set period of time or indefinitely. If alimony is established for a set period of time, Maryland law allows the recipient spouse to seek an order extending alimony for another specific period of time or indefinitely so long as no agreement is made to the contrary.

Is Alimony Taxable?
Alimony is not the same as child support. Although child support is not typically taxable, alimony is typically taxable. The spouse who receives alimony must pay taxes on the payments. The spouse who pays alimony may deduct the payments from his or her income.

Each state has different laws and requirements pertaining to divorce. When you meet with your divorce lawyers , they’ll advise you with regard to the specific process for your state. For example, divorce lawyers in Owings Mills will inform you that Maryland has residency requirements. You must also meet the legal grounds for divorce. If these conditions are met, your family law attorney can file a divorce petition on your behalf.

Residency Requirement
You can expect your family lawyers to ask you how long you and your spouse have lived in Maryland. At least one of you must be able to prove that you have been a Maryland resident for at least one year. It is not necessary for both spouses to prove residency.

Legal Grounds
Your family law attorney will review the unique circumstances of your marriage to determine whether you should file for fault or no-fault divorce. If you file for fault-based divorce, you must prove that certain issues were present in the marriage, such as adultery, cruelty, or insanity. Otherwise, you must file for no-fault divorce, which requires that you and your spouse have lived apart without sexual relations for at least one year. Or, beginning October 1, 2015, there are certain circumstances where a one year separation will not be necessary in order to obtain a no fault divorce.

Divorce Petition
If you meet the residency requirement and you have legal grounds for divorce, your family law attorney will prepare the Civil Domestic Case Information Report and a Complaint for Absolute Divorce. The lawyer will then file these documents in the appropriate circuit court. Then, the court clerk issues a copy of the complaint and a Writ of Summons, both of which must be served upon the defendant spouse by a process server or the county sheriff. The defendant spouse will then have 30 to 90 days to file an answer to the complaint. The exact time period depends upon whether the spouse is in Maryland, another state, or out of the country.

Financial Statements
Your family law attorney will use the financial documents and information you provide to prepare a financial statement. Both spouses must complete a financial statement. These documents include information regarding your individual assets and liabilities, joint property and debts, income, and expenses. The financial statements will guide the judge’s decisions with regard to asset and liability division, spousal support, and child support.

When you consult a family law attorney about divorce and child custody issues, he or she will review your case and recommend filing for a no-fault or fault-based divorce. Your divorce lawyers may recommend fault-based divorce if you can prove that your spouse committed adultery, abandonment, or cruelty. For most individuals, filing for no fault divorce is often preferable because proof is not required and the other spouse cannot stop the divorce, even if he or she objects to it.

You can hear more about the legal grounds for divorce by watching this video. You’ll learn how family law can vary from state to state and you’ll learn why states enacted no-fault divorce law. If you’re unsure of whether you should file for no-fault or fault-based divorce, your family law attorney near Owings Mills can offer legal guidance.

Child custody laws vary from state to state. However, there are several basic types of child custody arrangements. When you meet with your family law attorney, you can discuss your goals for child custody. Your lawyer will advise you that the judge will consider many factors when establishing child custody; however, the overriding factor is which arrangement would be in the child’s best interests.

Physical Custody
Your child custody order will provide for both physical and legal custody. Physical custody refers to at which residence the child will reside. Usually, family court judges try to balance the time the child spends with each parent. The parent who does not have primary physical custody will likely have visitation rights. A child custody lawyer serving the Baltimore Area can negotiate with the counsel for the custodial parent to arrange a fair visitation agreement.

Legal Custody
Whichever parent the child is currently with has the primary responsibility to make everyday decisions for that child. However, the parent with legal custody of the child has the responsibility of making the major decisions regarding the child’s upbringing. These decisions involve matters such as healthcare, education, and religion. As explained below, legal custody can be held solely by one party, or jointly between them.

Sole Custody
The judge can decide to award one of the parents sole legal and physical custody. If this occurs, the other parent may have visitation rights. Sometimes, such as in cases of domestic violence, the other parent will not be allowed any access to the child.

Joint Custody
Your family law attorney may recommend asking the judge for joint or shared custody. Parents may share joint legal or shared physical custody, or both. With shared physical custody, the child is considered to have two residences. He or she will spend at least 35 percent of the time with each parent. With joint legal custody, the parents work together to agree upon major decisions for the child’s upbringing. Alternatively, each parent may have authority over specific areas. For example, one parent may make decisions with regard to healthcare, while the other is responsible for the child’s education. Sometimes, one parent is granted “tiebreaking” authority in the event a disagreement arises. Joint physical and legal custody both require that the parents set aside personal differences and work cooperatively for the well-being of the child.

Meeting with a divorce attorney is usually the first step toward beginning divorce proceedings. This video discusses what you should bring for your initial consultation with a lawyer in Owings Mills.

The end of a marriage typically necessitates a settlement of finances. Before you meet with your lawyer, gather together all pertinent financial documents, including proof of income, debt obligations, and your prenuptial agreement if applicable. This information will be taken into consideration when deciding if current alimony laws may impact either party. If you have children, your divorce consultation is also the time when you should make your custody wishes known. Being as clear, honest, and communicative as possible with your divorce attorney can help in facilitating the speed and outcome of your divorce proceedings.

No matter how many divorce lawyers in Owings Mills you consult or how many books you read, no one can fully prepare you for the trials of divorce. This experience is as unique as each person who goes through it. Especially because you may be unfamiliar with how divorce normally works, you may inadvertently make mistakes that may complicate your proceedings:

Trying to Negotiate on Your Own
Even if your marriage didn’t work out, you and your partner might initially decide that you can negotiate terms such as alimony or child custody without the help of a divorce attorney . However, rarely do the parties involved in a divorce endure the end of a marriage without conflicting opinions about who should pay support, have custody of the children, or even retain ownership of the house or car. For this reason, it’s best to hire an attorney who can help you determine your legal rights and advocate on your behalf.

Hiring a Lawyer Without Expertise
Perhaps your brother-in-law is an attorney. Yet his expertise is in environmental law. As capable as he might be in such matters, his ability to help you through your divorce may be minimal. Instead, consult a legal expert who is versed in pertinent matters such as alimony laws and child custody issues. When you use a divorce attorney with the requisite experience, you give yourself the best opportunity for a favorable legal outcome.

Failing to Communicate with Your Attorney
Your lawyer will work diligently on your behalf, but he can only help you as much as you help him. Failing to disclose relevant information such as hidden assets or domestic violence can complicate the ability of your attorney to secure the settlement that you are owed. In addition, you must be clear and communicative with your divorce attorney about matters such as child custody and alimony so that he can in turn make those requests to the court. You must provide as much information as possible to your lawyer in order for him to successfully argue your case.

Some divorce proceedings are simple and resolve quickly, while others are highly contentious and can take quite a while to settle. In either case, working with divorce lawyers is highly advisable. It’s rarely a good idea to try to handle your divorce yourself, rather than working with a family law attorney near Owings Mills.

Legal Guidance
One of the reasons why working with divorce lawyers is advisable is that you can take advantage of their years of experience in the courtroom and their in-depth knowledge regarding family law. If you try to interpret applicable laws yourself, it’s very likely that you’ll miss a key point and you may end up with an unfavorable outcome. For example, if you have child custody issues, your lawyer can request that the court grant you temporary custody. Your divorce lawyer serves as your ally in and out of the courtroom, and he or she can thoroughly explain all applicable laws to you and discuss all of your options.

Legal Documents
Legal paperwork can be complicated , making it easy to make mistakes. You may be even more prone to making mistakes if the stress of the divorce is making it difficult to think clearly. For example, you may forget to list a marital debt or you might underestimate the value of an asset. These mistakes can create financial problems for you and they may require additional legal proceedings later on. Even if your divorce is relatively amicable, it’s best to hire a divorce attorney to prepare the paperwork for you.

Divorce Delays
Divorce proceedings can drag on for a long time, particularly if mistakes are made with the paperwork. By working with a child custody lawyer, you can ensure that your divorce will proceed as quickly and easily as possible. This allows you to move forward with your life that much sooner.

Stress Reduction
Many individuals find that working with a divorce lawyer greatly eases the stress of the proceeding. This is especially true if the situation involved abuse or infidelity. You may find it difficult to face your spouse in the courtroom by yourself. Having a lawyer provides a much-needed buffer zone between you and your spouse.