Maryland Divorce and Family Law Blog

Changes in Custody and Teenage Children

2011-12-13T13:33:00.000-08:00

Many divorced parents want to know at what age their children can make decisions regarding the custody arrangement they are subject to. By Maryland statute, a 16 year old can file a petition with the Court in their own name seeking a change in custody.

Maryland Family Law Article 9-103 provides:

§ 9-103. Petition by child to change custody (a) Petition by child. -- A child who is 16 years old or older and who is subject to a custody order or decree may file a petition to change custody.

(b) Guardian or next friend not required. -- A petitioner under this section may file the proceeding in the petitioner's own name and need not proceed by guardian or next friend.

(c) Hearing required; amendment of custody order or decree. -- Notwithstanding any other provision of this article, if a petitioner under this section petitions a court to amend a custody order or decree, the court: (1) shall hold a hearing; and (2) may amend the order or decree and place the child in the custody of the parent designated by the child.

Getting a Divorce Gets Easier In Maryland

2011-09-15T15:31:00.001-07:00

On October 1, 2011, getting a divorce will get easier for many Maryland residents. On that date, a new law goes into effect allowing people to get divorced if they have been living separate and apart for more than 12 months. Under prior law, you could get divorced in Maryland if you had been separated from your spouse for 12 months, but you had to prove that the separation was "mutual and voluntary" on the part of both parties. A spouse who wanted to delay the divorce could assert that the separation was not mutual and voluntary and could drag out the divorce for an additional 12 months. That is no longer the case under the new law.

Specifics are Key in Separation Agreements

2011-09-15T15:11:00.000-07:00

Having a very detailed, specific separation agreement is an important factor in ensuring that you will not become embroiled in post-divorce litigation over the rights and duties of the parties under the agreement. In recent months, I have been involved in several cases where former spouses are litigating over their obligations set out in their separation agreement. The common factor in all three cases? The original agreements were vague, ambigious, had terms subject to more than one interpretation or were missing key details.

A very specific, detailed agreement may save you lots of aggravation and money later.

Courtroom Attire - Avoid a Fashion Faux Pas

2011-06-07T06:22:00.001-07:00

It's summer in Washington, D.C. and it's hot. But that does not excuse bad attire in the courtroom.

As I sat in court this morning, I saw a number of parties wearing t-shirts and shorts. I saw another party heading to District Court in a tank top. In my book, that's a big mistake.

Courts are venerable institutions and the Judges who hear your cases warrant and deserve your respect. Your appearance is important and sends a message to them. Even though it may be 90 degrees outside, men should always wear khakis or slacks and a dress shirt, preferably, or at a minimum, a collared shirt. Although I prefer my male clients to appear in jacket and tie, business casual is acceptable. Women should also avoid shorts and t-shirts.

Appearances matter. Look nice for Court. It sends a message.

Does Injecting Your Child with Botox Constitute Child Abuse?

2011-05-17T19:16:00.001-07:00

San Francisco's Human Service Agency is investigating a pageant mother who told a national television audience that she injected her 8 year old daughter with Botox in preparation for beauty pageants that her daughter was participating in. The mother was apparently concerned about the presence of wrinkles on her daughter's forehead.

Words to the wise: don't inject your elementary school children with Botox (especially if you are in the middle of a contested custody fight).

Alimony and Cohabitation - Maryland House Bill 304

2011-02-18T07:12:00.000-08:00

I testified before the Judiciary Committee of the Maryland House of Delegates yesterday in support of House Bill 304, which would amend Family Law Article Section 11-108 to provide that statutory alimony would terminate upon the alimony recipient's cohabitation. Currently, alimony terminates upon re-marriage, but not cohabitation. As a result of this distinction, a number of people are opting to cohabitate rather than re-marry solely in order to preserve the payment of alimony to them. I believe the proposed amendment would update Maryland's alimony laws to reflect current societal standards and practices and make the law more equitable.

Following the hearing yesterday, I think it is unlikely this bill as written will be enacted into law. Some of the delegates on the Judiciary Committee had reasonable issues regarding the verbiage of the bill, including how the bill defines "cohabitation", while others seemed to feel that it would be inequitable to terminate alimony upon cohabitation as a blanket rule.

I do, however, believe that there may be support in the legislature for modifying the current statute to clearly state that "cohabitation" may be a factor considered by a Judge in deciding whether to terminate statutory alimony or adopting a factual test to determine whether alimony should be terminated or modified upon cohabitation by the recipient.

Maryland Legislature Considers Changes to Divorce Law

2011-01-31T07:25:00.000-08:00

On January 24, 2011, a bill was introduced in the Maryland legislature to change the time requirements necessary to obtain an absolute divorce in the state on the grounds of voluntary separation and statutory (two-year) separation. Under the proposed bill, to obtain a divorce on the basis of voluntary separation, the parties would only need to be living separate and apart without cohabitation for a period of six months. Under current law, the parties must be living separate and apart for 12 months. Similarly, the proposed law would reduce the time period for obtaining a divorce on the basis of separation (when the parties do not agree that the separation is mutual and voluntary) from two years to one year.

I support the proposed bill as I believe it is more in line with the modern practicalities and economic realities of divorce and separation in the state, although I am mindful of the legislature's desire to promote marriage.

To express your position on the bill, contact your Maryland state legislator.

EXTRACURRICULAR ACTIVITIES AND DIVORCE – WHAT YOU NEED TO KNOW BEFORE SIGNING A SEPARATION AGREEMENT

2011-01-07T07:46:00.000-08:00

In a separation or property settlement agreement, many parents will often agree to pay for or split the costs of extra-curricular activities for their children without giving much thought to this provision. This seemingly innocuous agreement to split extra-curricular activity costs, however, can spell financial disaster later for the unsuspecting parent.

What most parents do not consider when they agree to pay for or share extra-curricular activity costs is the potential cost of the activities they are committing themselves to pay for. While parents may be thinking about $50.00 recreational sports fees and $100.00 Girl Scout troop fees, the actual costs of extra-curricular activities in the Washington, D.C. metropolitan area may be much higher. If your children are into sports, annual travel sports team fees can exceed $5,000.00 a year. Even seemingly benign activities such as music lessons can cost thousands of dollars a year, depending upon the provider. When a parent agrees to split the cost of extra-curricular activities, they may unwittingly commit themselves to pay extraordinarily expensive fees such as these. Extra-curricular activity expenses can easily add $500.00 a month or more to a parent’s support payments. And if the provision to pay is included in a signed separation agreement, there is no way out of the commitment, even if you do not have the money to pay these additional costs.

Worse still is the fact that, notwithstanding a shared or sole payment arrangement, either parent may be able to enroll their children in these expensive activities without the consent of the other. Although parents may share joint legal custody, the decision making authority encompassed by shared legal custody generally does not include such routine decisions as what after-school activities your children may participate in, irrespective of the cost. Thus, if one parent wants a child to participate on a travel soccer team at a cost of $5,000.00 per year, the other parent may not have the power to stop it and may have to pay half the cost of the activity regardless of his or her ability to pay.

Parents also often agree to share the cost of summer camp in separation agreements without giving this provision much thought either. However, one parent’s idea of camp may be YMCA day camp and the other’s may be sleep away camp in Maine for four weeks. The parent who envisioned day camp may, however, end up paying thousands of dollars each year for his or her child to enjoy the Maine experience.

What happens if you don’t pay your share of the agreed upon expenses set out in a separation agreement? Expect a contempt motion to be filed against you by your ex-spouse alleging non-compliance with the agreement. And, to add insult to injury, you can also expect a demand for your ex-spouse’s attorney’s fees to be included in the contempt motion.

To avoid this predicament, make sure you place limits on the amount of extra-curricular expenses you agree to pay for in a separation agreement. For example, the agreement can provide that you will agree to split the cost of extra-curricular activities, but only up to a certain dollar amount per year. Or, alternatively, you can define “joint legal custody” to include decision making regarding extra-curricular activities and camp. That way neither parent can commit the other to pay for an after-school activity without the other’s consent.

Jewish parents who agree to split Bar or Bat Mitzvah costs in a separation agreement should also clearly set out what those costs will include and/or set a dollar limit for the event in the agreement. One parent may be thinking a 250 person party at the Ritz-Carlton in Georgetown is an appropriate celebration while the other may be envisioning a kids-only party at the Potomac Community Center. Be clear about what you are committing yourself to pay for.

The more specific you are about expenses now, the better it will serve you later.

And, you should never sign a separation agreement without it being reviewed by an attorney.

For more information about separation agreements, call our office at (301) 444-4664.

In Maryland, Can You Force Your Spouse to Leave the Marital Home?

2011-01-05T08:00:00.000-08:00

One of the most common questions I am asked by clients and prospective clients is whether they can force their spouse to leave the marital home. Generally, the answer is “no,” assuming that the spouse who they want to force from the home is on title to the house or the lease.

An exception to this general rule is if a protective order is issued by the Circuit or District Court that compels the spouse to vacate the property. Protective orders are commonly issued if one spouse assaults or threatens the other. A protective order forcing a party to leave the home may be issued if an assault “in any degree” has occurred. A protective order was once issued against one of my clients because he spat on his wife. That constituted assault.

Because many people know that the only way to get their spouse out of the house is by issuance of a protective order, these orders are sometimes sought and used by parties in a strategic manner. Thus, I always warn clients about this potential and counsel them not to do anything stupid. If you believe your spouse is picking a fight or is trying to induce you to do something to get you removed from your home, walk away and leave the situation. Do not verbally threaten your spouse, do not put them in fear for their safety and do not touch them in any manner. Such actions could result in issuance of a protective order and get you removed from your house. (On the flip side, if your spouse assaults or threatens to harm you, call the police immediately and, if appropriate, consider obtaining a protective order against him or her.)

Many people whose spouse will not leave the home are concerned about the effect of their leaving the house in a subsequent divorce action. They are concerned that their spouse will file for divorce on the basis of desertion or abandonment. This concern is generally unfounded and the fact that one spouse left the marital home will generally not be used as a factor against him or her in a subsequent divorce action. Judges are aware that someone typically has to leave the house in order to end a marriage in Maryland and do not hold the fact that they left the home against them. What I often have clients do who are concerned about this is write their spouse a letter, stating that they are going to move out of the house, because he or she has refused to do so.

If you want your spouse to leave the marital home, ask them to. If they refuse, you will need to consider your other options.

E-Mail, Online Accounts and Divorce

2010-12-27T15:47:00.000-08:00

If you are going through a divorce, you surely do not want your estranged spouse knowing what you are thinking about the divorce, where you are going away for the weekend, how you are spending your money or what you are telling your lawyer. But, incredibly, many people going through a divorce know all this information and even more about their spouse. How? Husbands and wives are accessing their spouse's e-mail accounts and reading their incoming and outgoing e-mail, including what should be privileged and confidential communications with their lawyers.

How does this happen? It is incredibly easy. Most husband and wives know their partner's passwords for online e-mail, credit card and bank accounts and can tap into a treasure trove of information about their soon to be ex with a few taps on the keyboard. Most divorce lawyers can tell some pretty amazing stories about what their clients have discovered in their spouse's e-mail.

Is accessing an estranged spouse's e-mail legal? It may all depend upon the circumstances, but, in ordinary cases, it is unlikely that someone will be charged with a crime for doing it in Maryland. (In Michigan, a trial is currently set for a man who accessed his wife's e-mail account without her permission, but it is unlikely that, even if he is convicted, the case will lead to a groundswell of criminal prosecutions for this crime.)

Want to prevent your estranged spouse from accessing your e-mail account and reading your e-mail? The remedy is simple. CHANGE YOUR PASSWORD. In fact, change all your passwords for important online accounts, including all e-mail accounts, banks and financial institutions, social networking sites, including Facebook, and access to your work computer. When changing your passwords, make sure your new passwords are complex, secure and cannot be easily figured out by your spouse. Random passwords are key.

You should also make sure that you do not use a home computer to communicate with your attorney, paramour or discuss your pending divorce with third parties. Through the use of tracking software, it may be possible for your spouse to access these communications. An argument could also be made that you had no expectation of privacy if you transmitted this information using a shared family computer and, as a result, information stored on or obtained from that computer could possibly be used by your spouse in a divorce proceeding.

Notwithstanding the perceived potential benefits, I advise all my clients NOT to access their spouse's e-mail or other online accounts without their permission. Doing so could possibly result in criminal sanctions and, from a practical standpoint, the information obtained from the e-mail search would likely be inadmissible in Court. I, in fact, refuse to accept such materials from my clients if I believe they were wrongfully obtained.

Remember, however, that any e-mails you send could make their way to your estranged spouse's inbox in a legitimate manner. The "friend" you communicate or share some dirt with may not be as close to you as you think or may decide they, in turn, want to share the information with your spouse.

The important thing to remember is that material information regarding you and your life may be easily accessible online and shared with your estranged spouse. Protecting your private information is key during divorce litigation.

CHILD CUSTODY ISSUES WHEN A PARENT LEAVES THE STATE

2009-10-14T15:38:00.000-07:00

Oftentimes, following a decision in a custody case, the parent with custody will seek to move out-of-state with the children. Such a move, of course, raises a big issue for the non-custodial parent as the move may significantly hinder or restrict their ability to see their children. What was weekly visitation may be transformed to sporadic visitation over school holidays and a move out of state may dramatically alter the relationship of the non-custodial parent with his or her children.

Effective October 1, 2009, the Maryland legislature amended Family Law Article section 9-106 to provide that a Court may include in a custody or visitation order a provision requiring the custodial parent to provide the non-custodial parent with 90 days notice if they intend to relocate with the minor children out-of-state. Prior law required only 45 days notice.

The out-of-state move constiutes a "change in circumstances" and allows the non-custodial parent to seek a change in custody by filing a petition to modify custody with the Court. Basically, after the filing of such a petition, the Court will re-examine the issue of custody and determine whether it is in the children's best interests to relocate with the custodial parent. If the Court finds that relocation is not in their best interests, it can order a change in custody which essentially prevents the custodial parent from leaving Maryland with the children. Stability in the children's lives is an important factor which the Court considers in relocation cases. Readers interested in this issue should review the case of Domingues v. Johnson, 323 Md. 486 (1991) and Braun v. Headley, 131 Md. App. 588 (1999).

If you have a child custody relocation issue, please feel free to call my offices for a free consultation regarding this issue. My office number is (301) 519-1505.

Can You Live in the Same House and Still Get Divorced?

2008-02-22T06:00:00.000-08:00

One of the most common questions I receive from persons interested in getting a divorce on the ground of "voluntary separation" is whether they can reside in the same house as their spouse during the required 12 month separation period if they do not sleep in the same bedroom or if they live in different parts of the house.

The answer to this question is "No." To satisfy the statutory requirements for voluntary separation under Maryland law, a husband and wife must be living separate and apart from each other for more than 12 months. This means that they cannot be living under the same roof during this period and each must maintain separate households. Simply not sharing a bedroom or living in different parts of the house do not satisfy the statutory requirement for divorce.

For more information about Divorce in Maryland, visit www.sternlegal.com or call Stern & Associates at (301) 519-1505 to schedule a confidential, initial consultation to discuss the specifics of your case.

Maryland Child Support Guidelines Changed

2007-11-06T19:39:00.000-08:00

Effective October 1, 2007, the Maryland Child Support Guidelines were revised to change how health care premium payments are weighted under the guidelines. The practical effect of the change is that the parent who pays the premium will receive a greater credit for the amount they pay for their children's health insurance coverage than they did prior to the revision. For more information on the guidelines and how this change may affect you, contact the attorneys of Stern & Associates at (301) 519-1505.