Under Maryland divorce laws, marriages can be ended through either contested or uncontested divorces. Uncontested divorces require the least amount of conflict and legal wrangling by divorce lawyers, but they are not appropriate for all cases. When you meet with a lawyer in Owings Mills about your divorce case, he or she will help you understand your options and determine which type of divorce is right for you. Here is a look at the differences between these two types of cases.

Contested Divorce

Contested divorces occur when the parties cannot agree on at least one aspect of the divorce agreement, such as division of property, child custody and support, and alimony. For a contested divorce, one person must file a divorce petition with the courts, and the divorce papers must be served to the other party, who then must answer the petition. Typically, a contested divorce will make an accusation that the one party in the marriage committed an act that is considered grounds for divorce under Maryland law, such as adultery or desertion. In the response, the other party must file a defense against those charges and may make counter-charges against the filing party. Contested divorce agreements are determined by a judge after a lengthy period of negotiations between divorce lawyers and, if then necessary, testimony by both parties. The decree issued by the judge, which can take up 18 months or more to receive, is binding and can only be changed through further legal proceedings.

Uncontested Divorce

An uncontested divorce is possible when both parties can agree with all of the issues surrounding the divorce. Although uncontested divorces must still be filed with the court, only one party usually needs to appear before a judge, and typically the court simply ratifies whatever agreement is put in place through negotiations between the two parties. Although giving a reason for the divorce is often required, most couples in uncontested divorces find it easiest to use the grounds of being voluntarily separated for one year, since it doesn’t put blame on either party specifically. Because uncontested divorces require less back and forth in the courts, they can often be completed in about three months.

Child support is one of the many issues that will be negotiated by your divorce lawyers in Ownings Mills when you end your marriage, but the agreement only works when the responsible party pays. What happens if child support payments aren’t made after divorce? Watch this video to learn more.

Child support agreements can be enforced through a court hearing in which your child support attorney can demonstrate that the payments are missing and your ex-spouse has an opportunity to show why he or she is not making payments. Child support groups also exist in each state to enforce child support law. Consult with your divorce attorney before pursuing any action to determine the best strategy for enforcing your support agreement.

A child custody dispute can be stressful for everyone involved because it often causes extremely emotional issues to surface. Going into a dispute with a focus on what is best for the children and the assistance of a child custody attorney near Owings Mills will help you navigate the issues surrounding this complicated part of the divorce process. When you enter into a dispute over child custody, here is a look at what you can expect.

Negotiation

In some cases, parents can negotiate a child custody agreement with the help of their divorce lawyers. During this negotiation, you will figure out issues such as which of the types of child custody is appropriate for your case, where and when the children will spend time and who is able to make decisions about the children’s lives, such as their schooling and healthcare. If both parents are civil with each other, often these negotiations facilitated by child custody lawyers are easier than going to court. If negotiation doesn’t work, then your attorney will seek a court date for a judge to hear your dispute.

Case Preparation

To prepare for your court date, your lawyer will gather information from you to support your argument for the type of custody agreement you want. Courts make decisions based on what is best for the child, so you may need to demonstrate that you have a stable home that gives children easy access to their school, friends, and activities. Showing that you have been the primary caregiver in the past or that your spouse is unable to provide the children with the care they need because of his or her work schedule or personal life is also helpful. Your attorney will carefully gather evidence to support your custody request.

Court Testimony

Your lawyer will present all of the information necessary to support your case to the court. You may also be called on to answer questions and to fight back against allegations made against you by your ex. Depending on the age of your children, the judge may also consider their preferences. Typically, judges seek this information in a private meeting away from each parent to put the child at ease.

Since 1981, families throughout Owings Mills in need of divorce law guidance have turned to the Law Office of Kent L. Greenberg, P.A. Throughout his decades of experience handling divorce cases in and out of court, Mr. Greenberg has developed a reputation for personalized client care and exceptional attention to detail.

Our family court attorneys understand that every case involves unique challenges and requires a client-centered approach. We listen closely to our clients’ concerns and preferences, and develop effective strategies based on these issues and our in-depth understanding of divorce law in Maryland. In addition to family law, our practice provides exceptional legal representation for clients experiencing a number of other difficulties as well, including for those with personal injury cases and for those who have been accused of criminal offenses.

Since child support guidelines vary from state to state, Maryland parents are advised to consult family court attorneys regarding child support issues in Owings Mills. Divorce law requires family courts to develop child support orders in light of certain factors, such as the actual monthly income and adjusted income of each parent. The court will also consider child care expenses, health insurance costs, and extraordinary medical expenses of the child.

Hear more about divorce law as it applies to child support by watching this video or consulting your family attorney. This video explains that the court may consider the disparity in standards of living between households and the total number of children that the parents are responsible for supporting. Mostbet oynayın

Alimony laws are intended to help spouses maintain a comparable standard of living that was enjoyed during the marriage. Typically, the intention of alimony is to allow the lesser earning spouse the opportunity to become self-sufficient after the marriage. If a divorce judge awards alimony to one spouse, these payments are completely separate from a child support order. If you intend on seeking alimony from your spouse or your spouse is seeking payments from you, contact an alimony lawyer located in Baltimore County for guidance.

What happens if spouses make an out-of-court agreement?

It’s highly advisable to avoid signing any type of agreement with your spouse before discussing the matter with a divorce lawyer. If you do make an out-of-court agreement with your spouse, the court is generally bound to honor that agreement.

Can I seek alimony after I’m already divorced?

After your divorce is finalized, neither ex-spouse can initiate a new request for alimony. If alimony has already been ordered, it may be possible to petition for a modification of alimony payments. Consider talking to your divorce lawyer if you experience a significant change in financial circumstances that might prompt an alimony modification.

What will the court consider when ordering alimony?

There are a range of factors the court will evaluate when deciding whether or not to award alimony to a spouse. Primarily, the judge will consider the ability of each party to be self-supporting, the standard of living enjoyed during the marriage, and any agreement that was already made between the spouses. The court can consider each party’s financial needs and resources, the time necessary for a spouse to receive education or vocational training, the parties’ respective ages, their health, and the mental and physical capabilities of each spouse.

Are there any tax consequences for alimony payments?

Unlike child support-which is neither taxable nor tax deductible-alimony does have tax consequences. Generally, the payor can deduct alimony payments on his or her tax return and the alimony recipient must report it as income.

Does the court enforce alimony payments?

If the court has issued an alimony order or decree, then the court can also enforce that order. If an ex-spouse does not remit alimony payments, the court may decide to hold that person in contempt of court.

Making the decision to end a marriage is never easy, but that doesn’t mean that it’s always contentious. In fact, many couples successfully reach an uncontested divorce settlement. If you and your spouse have realized that it’s time to part ways, you may be tempted to download the legal forms yourself and do a DIY divorce. Unfortunately, this is a recipe for disaster. Family law can be incredibly complex and only divorce lawyers serving Carroll and Baltimore Counties can prevent you from making mistakes that may cost you in the long run.

A family lawyer can advise you of the many nuances of family law that may not have even occurred to you, such as the potential tax penalties for dividing retirement assets and the possible legal consequences for moving your children to another state. Furthermore, your family law attorney will have a keen understanding of the local family court system, along with its many rules and procedures. Failing to abide by these rules and procedures because you avoided hiring a family law attorney may cause you to automatically waive your legal rights. It’s always advisable to protect yourself, your kids, and your assets by hiring a seasoned family law attorney.

For the sake of the kids, it’s always preferable to resolve child custody issues amicably. You may find that many issues are resolvable through compromise when both parents prioritize the best interests of the children. Unfortunately, achieving mutual agreements isn’t always possible. If divorce mediation fails to resolve the dispute, a judge, like those found in Baltimore Countymust resolve the child custody case. Your divorce lawyer is likely to advise you to avoid involving your child in the dispute as much as possible.

Discussing the Divorce

Avoid discussing the divorce with your kids until you are certain that it will go forward. If possible, it may be a good idea for both parents to sit down with the kids to explain that they are going to live apart from now on. Use age-appropriate language to tell the kids that although both parents still love the kids very much, they’re not going to be married any longer. Depending on the children’s ages, they may ask which parent they will live with. Since the child custody case hasn’t been resolved yet, you can simply tell them that they will still be spending plenty of time with each of you and that neither parent will “disappear” from their lives.

Explaining the Custody Evaluation

In contested child custody cases, the judge may order that a child custody evaluation be completed. A court evaluator is a neutral third-party who will interview both of the parents, the children, and perhaps other parties such as teachers, counselors, and other family members. The court evaluator may visit each parent’s home. Parents are advised never to prepare kids to answer questions in a certain way. Rather, the kids may be told that the evaluator is trying to help the parents work through their issues and that the kids should answer any questions honestly.

Encouraging Open and Ongoing Communication

During a child custody dispute, kids may feel confused, anxious, and isolated. They may worry that the divorce is somehow their fault. It’s crucial to encourage your kids to discuss their worries and concerns. Listen to them without judgment. Reassure them that although you may not have all the answers right now, you will always love them and the situation will get better.

If you ask any divorced individual what caused the breakdown of the marriage, there’s a good chance he or she will mention personal finances. Poor money management and different spending or saving styles are among the most common reasons why couples around Owings Mills might consult a family law attorney. And unfortunately, divorce itself usually contributes to a couple’s financial woes. After filing for a legal separation or divorce , exes must adjust to living on a single income, changing their housing arrangements, and perhaps replacing physical property that the other spouse received in the divorce settlement.

If you’re engaged and you would like to improve the longevity of your impending marriage, consider talking to your fiancé about money management long before you walk down the aisle. When you watch this video, you’ll hear how Jason and Courtney explored their individual and joint finances together before they were married. The financial planner featured here recommends opening “his” and “hers” accounts along with a joint account to reduce the possibility of divorce. Of course, it never hurts to find a good family lawyer—just in case.

Before you have your family lawyer file the divorce papers, you should take the time to discuss all of your concerns and your goals for the outcome of the case. If you live near Owings Mills, your family attorney will inform you that Maryland is an equitable distribution state . This means that the judge will order a fair or equitable division of property and liabilities such as credit card debt. Equitable distribution does not necessarily mean that your assets and debts will be split 50/50, however. Debts such as credit card debt can be particularly tricky to resolve during or after a divorce.

How Should I Deal With Joint Accounts?

Talk to your family attorney about closing joint accounts before you file for divorce. If this isn’t possible because a balance remains on the credit card, you may be able to have the creditor place a freeze on the account to prevent your spouse from making purchases with it. Depending on your particular situation, you might also consider talking to your spouse about paying off the account together before filing for divorce. If credit card debt remains during the divorce, your divorce decree should specify who is responsible for paying it.

Why Is the Credit Card Company Pursuing Collections Against Me?

Many people experience problems with creditors long after the divorce is finalized. If your ex-spouse was responsible for paying off a credit card, but your name is attached to the account, the creditor may pursue collection actions against you if your ex-spouse fails to make payments. This is because credit card companies are not required to honor the provisions in a divorce decree. Unfortunately, this also means that the failure of your ex-spouse to make payments could affect your credit score.

Am I Liable for Debt If My Ex-Spouse Filed for Bankruptcy?

Similarly, if your ex-spouse files for bankruptcy and has his or her credit card debt discharged, your name will remain on the joint account and the credit card company can demand payment from you. Bankruptcy doesn’t necessarily erase the debt, but rather eliminates your ex-spouse’s liability for it. However, bankruptcy will not eliminate your ex-spouse’s liability toward you. If the credit card company holds you liable for the debt, you can in turn file a civil lawsuit against your ex to demand damages.