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.

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.

If you’ve recently consulted a lawyer in Owings Mills about legal representation for your DUI case, you may be informed of a new law that recently took effect this fall. DUI lawyers in Maryland have been evaluating the possible effects of Noah’s Law on their clients. The law was named in honor of a 24-year-old police officer in Montgomery County, Noah Leotta, who was killed during a routine traffic stop when a drunk driver struck him.

The new law mandates that any driver who is convicted of DUI or DWI is required to have an ignition interlock device installed. While ignition interlock devices are nothing new, what makes this law especially aggressive is that drivers can be required to use the devices for six months if a chemical test reveals a blood alcohol content (BAC) of 0.08% or higher-regardless of whether or not the drivers are convicted. If a driver refuses a Breathalyzer test, the interlock device must be used for nine months or the driver’s license will be suspended.

Divorce may be a sensitive issue and a contentious process, but it’s important not to overlook the effects of divorce on personal finances. When you consult a family law attorney in Owings Mills, he or she might recommend that you see a financial advisor, especially if your marriage involves complex financial matters such as retirement accounts and home ownership. With the combined guidance of your family court attorney and financial advisor, you can secure your financial future while ending your marriage.

Do Make a New Budget

Transitioning from a two-income household to a one-income household is a significant shift for your personal finances. Talk to your family lawyer about what you might reasonably expect to receive or pay for child support and alimony. Ask your attorney for guidance on marital debts and assets, and then consult your financial advisor for assistance developing a new budget for your post-divorce life. Although divorce is an incredibly stressful time, it’s important to adhere to your budget and avoid splurging on expensive gifts for the kids or relaxing spa vacations for you. Keep your focus on building a secure financial future.

Don’t Make Assumptions About Property Division

The issue of property division can be particularly contentious. It’s best not to make assumptions about whether you’ll remain in the family home and retain ownership of joint savings accounts. Because every divorcing couple’s situation is unique, it’s best to consult your family law attorney. Bring along a list of all of your assets and debts to get a clearer picture of what the future might hold for your finances.

Do Look at the Big Picture

It’s all too easy to get fixated on one particular aspect of the divorce, such as staying in the family home or keeping the family pet. One benefit of hiring a family lawyer is that he or she will help you look at the bigger picture. With your lawyer’s help, you should develop a clear understanding of your personal finances, including all of your joint and separate accounts, retirement funds, and liabilities.

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.

Property division is often a contentious issue in divorce cases. When you consult your divorce lawyer in Owings Mills , be sure to bring along a complete list of all of your assets, including retirement accounts. Every divorce is different, depending on the exact types of retirement accounts that are involved. For example, if you and your spouse have an IRA, then you should be able to transfer some of the funds into a new account for one of the spouses. If done properly, no taxes should be assessed; change in fund ownership will be treated as an IRA rollover or transfer by the IRA custodian. Your family lawyer will ensure that the transfer is handled correctly to avoid tax assessments and early withdrawal penalties.

Qualified retirement plans are handled differently from IRAs during a divorce. Spouses must use a Qualified Domestic Relations Order (QDRO) to divide the assets in the account between the account owner and the current spouse, ex-spouse, child, or other dependent.

When you and your spouse are certain that you’re moving forward with a divorce, it’s time to decide when and how to tell the kids. A family law attorney in Owings Mills may recommend that you and your spouse attend divorce mediation to try to work out a custody and visitation arrangement . If so, then you might want to delay having the discussion until you can answer the kids’ questions about where they will live.

For more helpful advice, watch this brief video. It recommends telling the kids a few days before one of the parents will move out to give the kids time to get accustomed to the idea. Remember to emphasize to the kids that the divorce isn’t their fault. Avoid blaming the other parent and never say anything that makes the kids feel as though they have to choose sides.

Going to family court can be an intimidating experience, especially if it’s your first time. However, having a family attorney on your side will make all the difference. A family law attorney near Pikesville will advise you as to what you can expect from your day in court, how you can prepare, and how you should conduct yourself during the proceedings. Your family attorney will also likely review the details of your case with you and help you practice answering questions if you expect to give testimony.

Childcare Arrangements

In most cases, children should not be taken to family court. The exception is if the judge wishes to speak privately with the children. You can ask your family lawyer about this, but in most cases, it’s necessary to arrange childcare. To reduce your children’s anxiety, you can simply tell them that you have an appointment.

Documents

Talk to your attorney about the documents you should bring to the hearing. If you aren’t sure whether you should bring a particular document, err on the side of caution and bring it along just in case. For the average child custody case, petitioners and respondents might bring records of their correspondence with each other, logs of correspondence with the minor child and educational records such as report cards and progress reports. Records of correspondence with the child can help to either prove or disprove a parent’s continuous communication with the child and the ongoing parental relationship. Parents might also keep records of the visitation schedule with the child.

Appearance

It should go without saying that attending a hearing in family court is a formal affair. Make a good first impression by dressing appropriately for the occasion. For men, a suit is always appropriate, but a shirt with a collar and a pair of slacks should be considered the bare minimum. Ladies may wear a pants or skirt suit, dark, non-patterned dress, or dress pants paired with a long-sleeved blouse. It’s best to avoid wearing flashy, skintight clothing, revealing clothing, sneakers, or open-toed shoes.

Arrival

It’s possible that your hearing may not start on time. However, you should always arrive a little early. You’ll need to get your bearings, check in with the court officer, and get last-minute advice from your family law attorney.

A type of restraining order, known as a protective order, is a type of court order that plays an integral role in domestic violence law in Baltimore County . Protective orders are usually, but not exclusively, issued against other family members, household members, or former intimate partners. Family court attorneys can help you obtain an appropriate type of protective order. Your attorney will typically obtain a temporary order first, prior to being able to request a permanent order of protection. A temporary protective order goes into effect for no longer than six months, although it is typically in place for a much shorter period of time. Despite the name, a permanent protective order is not actually permanent. It goes into effect for a longer period of time; it may last for months or up to a year. However, your attorney may be able to get the protective order renewed or extended if you are still in danger.

Maryland domestic law also classifies these court orders according to whether the petitioner has had a relationship with the harasser or abuser. If so, then it is officially known as a protective order. If not, then your attorney will request a peace order on your behalf.