Child custody is one of the most difficult aspects of the divorce process. Ideally, child custody issues for families in Owings Mills may be resolved by the parents through mediation. But when the parents disagree, the judge will make the decisions regarding parenting arrangements. The preferences of the minor child may play a role in the judge’s decision. However, it is not typically the only factor that a divorce judge will consider. The judge will give greater weight to the preferences of the child when that child displays maturity and offers a well-reasoned explanation of why one parent is preferred over the other. Superficial reasons such as fewer rules at one house will not help a child’s case.

Even if a mature child has valid reasons why he or she prefers to primarily live with a particular parent, the judge is not likely to require the child to testify in court. Testifying in front of the parents can be psychologically damaging for a child of any age. Instead, the judge may decide to interview the child in chambers. Family lawyers may be present during the interview, but the parents will not be there.

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.

As difficult as a divorce might be for you and your spouse, it’s far more difficult for your children. Throughout each stage of the divorce process , prioritizing your children’s well-being and quality of life will help them get through the transition. After a divorce lawyer in Owings Mills files the divorce petition on your behalf, you and your spouse should sit down together with the children to break the news.

This featured video offers some tips for telling kids about a divorce or legal separation. These parenting experts recommend avoiding the details of why the divorce is necessary. Instead, offer concrete examples of how daily life will change and provide plenty of reassurances of your love to help your children feel secure. Both during and long after the divorce, it’s essential to avoid disparaging your ex in front of the kids; they shouldn’t feel as though they must choose sides.

Depending on the type of child custody agreement you have, your divorce lawyer may recommend a monitored exchange when you and your ex-spouse bring your children back and forth to each other for visitation. If you have entered into a custody agreement that includes a stipulation for monitored exchanges or if you want to add a monitored exchange to your existing child custody case in Owings Mills, your divorce lawyer can help you understand what to expect.

Monitored exchanges reduce the risk of conflict between parents when they have to face each other while sharing custody of their children by ensuring another party is present to witness the exchange. They can happen under the guidance of a family member or friend that both parties trust or at a court-appointed facility. Frequently, monitored exchanges are recommended to ensure that children and parents get to maintain their relationships, even when the relationship between the parents has become acrimonious. They allow the parents to focus on their time with their children instead of the stress of confronting an ex at the start and end of each visitation period.

Meeting with a divorce lawyer for the first time can be emotional and overwhelming. Fortunately, you will almost certainly walk away from the meeting feeling better than when you walked in, with many questions about the future finally answered and with a plan for moving forward. As you go into your first meeting with your divorce lawyer in Owings Mills , here is a look at what to expect, so you can be prepared and ready to focus on the issues at hand.

General Case Review

Before your divorce lawyer can give you the right advice, he or she must understand as much as possible about your situation. First, he or she will need to know if your spouse has already filed for divorce or if you plan to file yourself. Next, you’ll need to review the circumstances that have led to your divorce. The reasons you want a divorce can have an impact on the approach your attorney takes to your case. For instance, if your divorce was precipitated by your spouse’s affair, that circumstance can influence the type of divorce you decide to pursue and decisions about alimony and child custody. Although your divorce attorney is not a counselor, he or she is accustomed to dealing with people in distress, so don’t be concerned if you become emotional, and don’t feel embarrassed to be honest about your marriage and your reasons for divorce.

Document Review

It’s important to prepare a number of documents for your first meeting with your lawyer, if possible. The most crucial information to have is financial information. Bring bank statements, the past two years of tax filings, statements on your IRAs, mortgages, credit cards, and other debts. It can also help to make a list of your living expenses and bring pay stubs from both you and your spouse. Child support and spousal support will be determined in large part by these factors. If you have documentation of any of the issues within your marriage, such as receipts that are linked to an affair, you can also provide these to your divorce lawyer during this meeting.

Filing taxes after a divorce can be complex, particularly if alimony payments are involved. Your divorce lawyer in Owning Mills can offer advice about filing your taxes after a divorce. This video addresses a common question that people have about alimony and taxes.

Generally, alimony payments are taxable income for the recipient and deductible expenses for the person paying the alimony. If you are the person paying the alimony, you will need to include the Social Security number of your ex on your taxes so the IRS can determine where those payments are going. If you are unsure about how alimony and other aspects of your divorce may impact your taxes, ask your divorce lawyer for advice or a referral to a tax professional.

If you are a victim of domestic violence, you have the right to consult a family attorney in Owings Mills to discuss your legal rights and options. Your attorney can advise you of recent changes to domestic violence laws in Maryland , which took effect late in 2014. Prior to the passage of the new laws, Maryland had been the only state that required domestic violence victims to meet the standard of “clear and convincing evidence” before a protective order is granted. Now, your attorney must only show that there is a “preponderance of the evidence.” In other words, it’s easier for domestic violence victims to obtain an order of protection.

Another of the recent laws adds second-degree assault to the list of criminal offenses for which victims can request a protective order that is permanent in nature. Domestic violence victims should be sure to inform their family lawyer if a minor child was present during an act of violence. The third new law allows for enhanced penalties in these circumstances.

Divorce law is complex and is periodically redesigned. There are also plenty of misconceptions about divorce law, which further complicates matters. Your best source for accurate, up-to-date information is a family attorney in Owings Mills. Ahead of your initial consultation, write a list of your questions and concerns.

Myth: Assets listed under one spouse’s name are off-limits.

Your family lawyer may ask you to bring a complete list of assets to your consultation. This allows him or her to give you an estimate of how the judge will likely divide your property. One common misconception is that anything solely listed in the name of one spouse cannot be divided among both spouses. In fact, a Maryland court can order the redistribution of any marital asset. In other words, if a spouse purchased a truck during the marriage, it is considered a marital asset and it can be included in a marital property award.

Myth: Retirement assets cannot be divided.

Similarly, retirement assets are considered to be marital property if they were earned during the course of the marriage. This means that the court may redistribute a 401(k) pension plan, IRA, military pension plan, or other retirement assets.

Myth: Spouses can be separated, but live in the same house.

Maryland divorce law is among the strictest in the country. Before you can finalize a divorce, you and your spouse may be required to undergo a one-year separation. It’s often thought that spouses can legally be considered separated as long as they sleep in separate bedrooms. In most cases, spouses can only be considered separated if they maintain separate residences for 12 consecutive months. During this time, the spouses must also abstain from marital relations.

Myth: Legal separation is always required before an absolute divorce.

Maryland recently revamped its divorce laws to make it easier for some spouses to obtain an absolute divorce without enduring a 12-month separation. Spouses who do not share children in common and who work out a divorce settlement agreement that resolves all involved issues can be granted an absolute divorce much more quickly.

When you consult a family attorney in Owings Mills, one of the questions you will be asked is whether you plan to seek spousal support or alimony . If not, your divorce attorney will consider the likelihood that the court will order you to pay alimony to your soon-to-be ex-spouse. The court has broad discretion in deciding whether to award alimony. The judge will consider all relevant factors to establish a fair and equitable award.

Prior Agreements

It’s always best to consult a divorce attorney before making any agreements directly with your spouse or your spouse’s lawyer. If you sign any agreement regarding spousal support, the court is likely to be bound by the terms of that document. And after a divorce is finalized, you forfeit your right to seek alimony. For example, if you signed an agreement stating that you would not seek alimony and the court is bound by this agreement, you cannot request spousal support later on.

Marital Factors

When considering whether to order alimony payments, the court is likely to consider marital factors such as the length of the marriage. There is generally a greater likelihood of awarding alimony if the marriage was substantial in duration. The court might also consider the circumstances that led to the breakdown of the marriage.

Personal Finances

The financial resources of each spouse will be carefully considered in every alimony decision. The court will consider the assets and needs of each spouse. For instance, if one spouse demonstrates a need for spousal support, the judge will consider the ability of the other spouse to pay alimony. The standard of living that each spouse enjoyed during the marriage is another relevant factor. The judge can also consider the monetary contributions that each spouse made to the family during the marriage.

Earning Capacity

It is not uncommon for one spouse to demonstrate a poor earning history during the marriage if that spouse agreed to relocate or otherwise stop working for the sake of the career of the other spouse. Because of this and other factors, the judge will consider each spouse’s earning history in light of his or her earning capacity. In some cases, one spouse is awarded rehabilitative alimony, which is intended to provide for education or vocational training to improve the earning capacity of that spouse.

It isn’t easy to inform your spouse that you want a divorce , even if both of you can clearly see that the marriage is deteriorating. If you fear that your spouse will have a dangerous or violent reaction to the news, it’s best to have the discussion in a public place. You can also protect yourself by consulting a lawyer in Owings Mills ahead of time. Even if you do not fear that your spouse will have an intense reaction, you should take some time to prepare for the discussion.

Watch this featured video to get some practical tips on discussing divorce. It recommends writing out what you want to say in advance because this gives you an emotional outlet and allows you to clarify what you want to say. Avoid discussing the details of the divorce until you’ve had a chance to meet with your family lawyer. Try to avoid assigning blame for the divorce and allow your spouse plenty of time to respond.