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Howard County Family Law Blog

Divorce options: Uncontested divorces in Maryland

Every divorce is unique. Some people prefer to settle their divorce issues outside of the courtroom through alternative dispute resolution methods such as mediation and collaborative law. Others are involved in contentious divorces and benefit from the traditional courtroom process. Still others want to complete everything as quickly as possible.

In the next few blog posts, we will discuss the various options for people going through a Maryland divorce. Today, we'll address how certain spouses can obtain a divorce quickly and without much negotiation. Some people call this an "uncontested divorce," while others call it a "surgical divorce."

Dirty tricks to watch for during your Maryland divorce

Getting a divorce can be tough, no matter what the issues. Yet, when a contentious divorce spirals out of proportion into a process full of lies, mind games and dirty tricks, divorce can become a nightmare. Having an effective Maryland divorce lawyer on your team can help you minimize the challenges while uncovering some of the tactics your spouse may be using against you.

The following are examples of some of the "dirty tricks" some spouses will use during a divorce and what you can do to prevent them.

Violence Against Women Act up for reauthorization

According to news sources, Vice President Joe Biden and Maryland Lieutenant Governor Anthony Brown will help lead the push to reauthorize the Violence Against Women Act (VAWA). The Act was created in 1994 and is up for reauthorization this year.

In 1994, VAWA was accepted by both Republicans and Democrats, with little opposition. Today, some conservatives believe that VAWA unnecessarily gives immigrants the ability to stay in the U.S. by allowing them to claim battery, does not use safeguards to ensure grants are properly spent, and expands protections to too many groups.

VAWA expands financing for domestic violence programs. It supports grant programs for battered women shelters as well as for local law enforcement agencies. The current legislation would expand the definition of domestic violence to include stalking, provide training, and offer free legal help to domestic violence victims.

Child custody: Best interests of the child standard

In any child custody case, the court should focus on one thing above all else: the best interests of the child. This is true in Maryland child custody cases and those around the country.

There are a number of factors that help the court determine what is in the child's best interests, including:

  • The fitness of the parents to raise the child
  • The parents' character and reputation
  • Any abuse allegations
  • The child's age
  • The child's health
  • The child's relationship with each parent
  • Opportunities that impact the child's future (including financial opportunities)
  • Any grounds for divorce that have affected the child
  • Religion
  • The child's preference, if he or she is of sufficient age and is capable of rational judgment
  • The possibility of visitation
  • Prior surrender of custody, or abandonment

Divorce and children, part two

Children are the most important assets that spouses have in a divorce. That is why divorce issues involving children can be very contentious. Even if you and your spouse both want what is best for your children, you may disagree on what "best" is.

Some questions you and your spouse will need to answer during your divorce include:

  • Who will your children live with (child custody)?
  • How many days and/or nights will the children be with the other parent (visitation)?
  • How much will the noncustodial parent pay the custodial parent (the parent with whom the child lives) in child support?
  • Where will the children go to school?
  • Who will take the children to and from school activities?
  • How will you and your spouse deliver the children to each other? What will happen if one spouse is late?
  • Will you make all significant decisions together or will one of you have principal authority to make healthcare and schooling decisions?
  • Whose health insurance will cover the children?
  • Should additional money be allocated for the children to participate in sports and other activities?

Divorce and children, part one

There are few things more complicated than going through a divorce with children. You cannot shield your children from this difficult life experience - you cannot keep them from feeling pain - but you can take steps to minimize the impact your Maryland divorce has on them.

In this blog post and the next, we will discuss tips for helping your children during and after a divorce.

Frequently asked questions: Filing for divorce

In this blog post, we will address some of the general questions people have about the Maryland divorce process. Please keep in mind that every divorce is unique and many of the answers to these questions will vary depending on the facts of your divorce.

Where can I file my divorce papers?

You or your spouse can file for divorce in Maryland if at least one of you has lived in Maryland for the last year or if the specific grounds for divorce happened in Maryland. You should file divorce papers in the county where you live or your spouse lives or works.

How long will it take to get a divorce?

The amount of time it takes to resolve all of the issues in your divorce will depend entirely on the facts of your divorce, as well as the ability of you and your spouse to work together. Generally, divorces with extensive marital property and children take longer than other divorces. If both parties are able to come to an agreement on all of the issues, the divorce will be much quicker than if you dispute issues and need to have multiple court hearings.

Bill would improve Maryland domestic violence protection orders

A recent article in the Baltimore Sun discussed the need for greater domestic violence protections. The article cites a case where a Hagerstown resident was abused, and then murdered, by her ex-boyfriend. After the initial abuse, she had written an appeal asking for a protective order from the court. Unfortunately, that protection was denied because she was not married and did not live with her abuser.

This is exactly the kind of situation that a bill introduced by Senator Christopher B. Shank addresses. The bill would allow victims of domestic abuse to be eligible for Maryland protective orders even if they are not related to, or living with, their abusers.

Divorce and technology, part two: Facebook and divorce

In the last blog post, we discussed the effect of online coparenting tools on divorcing and divorced couples. This post will examine the use of Facebook in divorce proceedings.

It is no surprise that many marriages end by Facebook. An affair is discovered, or one spouse badmouths the other in "public." Facebook recently made news when it recommended that a woman befriend someone that turned out to be her husband's second wife. Yet, Facebook's impact on divorce doesn't stop once the divorce papers are filed. Facebook and other social media outlets are prime places to find evidence during the divorce.

Maryland divorce lawyers and attorneys throughout the country are telling their clients to shut down their Facebook accounts during divorce proceedings, or at least boost privacy settings.

Why?

Divorce and technology, part one: Online coparenting services

From social media to Skype and online coparenting services, technology is hitting the courtroom like never before. Over the next few blogs, we will discuss the interplay of divorce and technology. Today, we will discuss online coparenting, a technology that judges have started to order in Maryland child custody and divorce cases.

Online software, such as a program called "Our Family Wizard," encourages divorced and divorcing parents to remain cordial in their coparenting discussions by adding a potential third party to the conversation: a judge.

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