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Remarriage After Divorce

on Jul 9, 2017 in Divorce

When people go through a divorce, often the last thing they want to think about is remarriage.  Bringing up the topic with a recently divorced friend may result in a laugh or the use of some strong language. It is understandable some are reluctant to consider remarriage.  However, a first divorce does not predict a divorce in a subsequent marriage.  In fact, many argue in favor of trying marriage again. Sometimes, people are simply too young when they marry the first time.  Making a mistake is easy when you are “young and foolish.”  A person who is older and more experienced, hopefully has better judgment and makes better decisions.  Frequently, a person who marries a second time compares his or…

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Selecting Your Divorce Attorney

on Jul 3, 2017 in Child Custody, Child Support, Divorce

Why Selecting the Right Divorce Attorney Matters Whether you are only considering filing for divorce, or have already made the decision to divorce, selecting a divorce attorney is a critical part of the process.  If you and your spouse have children in common, you will be dealing with each other for years to come.  This won’t only include through the childhood years.  Parents who have children in common will share holidays, celebrate births, and grieve losses with their children into adulthood. Even people without children in common will live with the decisions made in the divorce decree for the rest of their lives.  Where the lawyers can’t come to a resolution, courts make determinations about alimony and property division based…

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Division of Property – What is “Fair and Equitable”

on Jun 30, 2017 in Divorce

When considering division of property, courts in Maryland apply a “fair and equitable” standard.  In general, this excludes consideration of which party caused the divorce.  Rather, courts consider the economic circumstances of each party at the time of the divorce. How does a court determine what is “fair and equitable”? A divorcing spouse who has no interest in divorce will not consider it “fair and equitable” to give up half of his or her pension or property. Nor will they find it “fair and equitable” to pay spousal support to a less financially solvent spouse who wants to end the relationship.  That said, the court doesn't approach property division with that perspective.  Rather, the divorce itself is presumed, and the…

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Sharing Chores by Married Couples – Important to Avoiding Divorce?

on Jun 26, 2017 in Divorce, Domestic Partnerships

A majority of married adults believe sharing responsibility for household chores is important.  However, according to a report published by the Pew Research Center’s Religious Landscape, couples with children perceive who actually does more of the chores differently. The Importance of Sharing Chores That report found that 56% of married adults describe sharing household chores as “very important” to a successful marriage.  The report found sharing chores more important to a successful marriage than having children (43%) and adequate income (42%).  Other areas were found to be more important than chore sharing in the report, including having shared interests (64%) and having a satisfying sexual relationship (61%). The importance of sharing household chores is considered very important among married men…

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Parental Rights of Unmarried Parents

on Jun 22, 2017 in Child Custody, Child Support

Child custody, child support and establishing parenting time are frequently complicated and contentious when married parents go through a divorce.  When parents are not married, those issues surrounding parental rights often become even more problematic.  If the parents are not married, custody of the child is awarded to the mother immediately.  However, a father has rights to pursue through legal proceedings. Parental Rights of the Mother Unmarried mothers are granted primary rights to custody of the child.  As a result, she has the authority to make all decisions regarding her child.  Unless this changes by agreement of the parents or a court order, the child resides with the mother.  The mother makes all decisions about the child’s schooling and where…

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Preparing for Divorce in the State of Maryland

on Jun 18, 2017 in Divorce

Divorce is rarely easy, but preparing for divorce can make the process easier.  Steps can be taken prior to your divorce proceedings to help make the process as smooth as possible.  You will not be able to predict every possible twist in your divorce, but there are some things that can be done in every situation in advance of your divorce. Know What to Expect From Your Divorce Understand what you can reasonably expect your divorce.  You are not an attorney, but it can be helpful to do some basic research on divorce in your state.  For example, if you have children, custody and child support issues will be significant in your case.  If you have one or more high-value…

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Creating a Long Distance Parenting Plan

on Jun 15, 2017 in Child Custody, Divorce

Divorced or separated parents may live far away from each other.  One parent may also relocate a long distance away after a divorce.  An appropriate long-distance parenting plan allows children and the distant parent to maintain regular contact.  Creating a long-distance parenting plan requires careful planning and it must account for the unique situation of the family.  This can be particularly difficult if visitation has been established after a divorce and must be renegotiated when one parent moves away. The parenting plan must be as detailed as possible.  Even if the parties get along initially, nobody knows how long that will last and how relationships can change.  Flexibility is important, but a party must be able to rely on a…

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Financial Mistakes People Commonly Make During Divorce

on Jun 13, 2017 in Divorce

Getting a divorce is emotionally and financially draining.  Parties often want to get the process done as quickly as possible so they can move on with their lives.  This thinking is completely normal, but it is important to avoid common financial mistakes in your divorce. Lacking a Complete Financial Understanding Perhaps one of the biggest financial mistakes a party to a divorce can make is not knowing the finances of the parties.  Often, one spouse handles most or even all of the financial decisions for the household.  That party obviously has an advantage in the beginning. If you think your spouse is preparing for a divorce or if you are considering a divorce, gather as much information as possible as…

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Actions to Avoid When You Are Getting a Divorce

on Jun 8, 2017 in Divorce

Deciding to get a divorce can be extremely difficult.  After you make that decision, the emotional difficulty does not end.  Many decisions need to be made, which frequently induces more stress.  Making things worse, much of the process is out of your control.  Of the things that are under your control, your choices impact your experience, during the divorce and beyond. Do Not Give In To Your Emotions Anger, sadness, fear, and worry are just some of the emotions you may feel while going through a divorce.  These emotions are normal.  However, you must not let these emotions control you and you must not make decisions based on those emotions.  Controlling your emotions will make the process go more smoothly. …

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Long Term Separation: Advantages and Disadvantages

on Jun 7, 2017 in Divorce

Even if a marriage ultimately ends in divorce, there may be advantages to long term separation.  Long term separation also comes with disadvantages.  Parties must understand both when considering long term separation and other options. Insurance and Health Care Coverage Usually, if the parties remain married, both parties will keep insurance and health care coverage they had as a married couple.  This can be a tremendous benefit.  Depending on the status of the law, one party may have difficulty obtaining insurance and health care coverage on his or her own.  If the parties agree to a separation or divorce agreement, the agreement should address insurance and health care coverage. Pension and Social Security Benefits Depending on the length of a…

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