Blogs from 2019

Through the discovery process, the other side has a right to all your social media accounts, whether you have them on a privacy setting or not. You should always keep that in mind and expect that all e-mails, text messages and posts on your social media (whether that be twitter, Facebook, Instagram, etc.) could be looked at by the opposing party, oppose counsel, and/or a Judge or Magistrate in Court. Magistrates and Judges tend to get inundated with text messages, various social media posts, and emails. They will then use those to help make their decision about your credibility and the issues in your case. This can effect both child custody issues as well as money issues (asset distribution, alimony, child support and an award of counsel fees.)

While every case is different; below are some general guidelines to follow in any litigation situation:

Do not threaten to physically or verbally abuse your spouse or children in person or in writing. Never say or write down anything to others that you wouldn’t want your spouse, their attorney or a Magistrate or Judge to hear. Never try to hide evidence or assets and remember that there is a paper trail for everything. Also, make sure you never throw away financial records or other possible evidence.

Every matter is different so if you have further questions or concerns, our office offers in-person and virtual consultations and mediations using Zoom, Skype, Facetime, and telephone. Contact us today to schedule a consultation with one of our attorneys if you have additional questions or would like to discuss your options in more detail.

Money is one of the top causes of divorce in the U.S. Money problems usually mean you, your spouse, or both have accumulated enough debt that making the payments is straining the relationship. As you begin to negotiate how your divorce will be resolved, you may find yourself wondering, “Am I responsible for my spouse’s debts?”

This blog post will provide an overview of how Maryland divorce law handles different types of debt. It will cover credit cards, student loans, taxes, and what happens if your spouse files for bankruptcy after your divorce is final.

When Did Your Spouse’s Debt Happen?

The first step in determining whether you are responsible for your spouse’s debt is to look at when he or she accumulated it. Anything either party does before the marriage is considered pre-marital and is assigned to that party in the divorce. This might include the student loans your spouse has been paying off throughout your marriage, or the personal loan taken out to pay for the wedding. If a debt is pre-marital, you should not have to worry about being responsible for it. Credit cards, loans, and other debts either party took on during the marriage may require a little more investigation.

Whose Name is on the Debt?

Once you’ve drawn a line between pre-marital debt and debt incurred during the marriage, the next question is whose name is on each account. If both parties are named on the debt, then a creditor may be able to collect from both parties. You and your spouse may agree on who will make which payments, especially while your divorce or separation is pending, but if your spouse stops paying, you could still be on the hook for collections.

Maryland law addresses contractual debt accumulated during the marriage according to the contracts entered between the debtor(s) and the creditor. Because of contractual liabilities, one way some people are able to avoid being responsible for their spouses’ debt is to keep all debts in one name only. A Maryland family court judge will not reassign debt from one spouse to the other, so you may not be responsible for the individual debts, credit cards, mortgages, or medical bills that are only in your spouse’s name. Please keep in mind, in dividing marital property, the court will consider any debt associated with the property and if your spouse is responsible for the debt, then he or she may also have the right to maintain the related property.

Watch Out for Authorized Users

When a new divorce client steps into the Law Office of Shelly M. Ingram, some of the first questions we ask are: 1) Have you run your credit report? and 2) Is your spouse an authorized user on any of your credit accounts? It is quite common among married couples for the spouse with the better credit rating or pre-approved interest rate to sign up for a credit card or loan and add his or her spouse as an “Authorized User”. While the marriage is healthy, both spouses will use the card for household expenses, and often refer to it as the “family card” or even the “joint card”.

But legally speaking, an authorized user isn’t responsible for the balance of a credit account. Even though you might think that an account is shared between two spouses, and even if you each contributed to paying down the balance, your authorized-user spouse could rack up debt that only you would be liable for after the divorce. That’s one of the reasons it is so important to discuss all your assets and debts with your divorce attorney right away, so you can take steps to protect yourself and your credit during and after the divorce.

Was the Debt Connected to Marital Property?

The logic here is this: if a person is going to be stuck making payments on the car loan, appliance credit account, or furniture purchase, he or she may as well get the benefit of using the car, appliance, or furniture as well.

Maryland contract law may mean you won’t be responsible for your spouse’s debt, but it can also affect the property you receive in a divorce. If a debt in one spouse’s name is directly connected to a particular piece of property, that spouse is most likely going to receive the property as part of the divorce. The logic here is this: if a person is going to be stuck making payments on the car loan, appliance credit account, or furniture purchase, he or she may as well get the benefit of using the car, appliance, or furniture as well.

Can Your Spouse Affect Your Credit Score After Divorce?

The judgment of absolute divorce directs what is supposed to happen after a divorce is final. However, things do not always go according to plan before your divorce, or after the divorce is finalized. If your spouse falls behind on payments for your shared debts, it may affect your credit score. A low credit score or high debt to income ratio may make it harder for you to take out a loan, be approved for a mortgage, or even get a job (some employers look at your credit history in deciding to hire you).

This is one of many reasons why it is so important to monitor your credit both during, and after divorce. You may have options to repair your credit score or enforce your judgments, but if you aren’t regularly monitoring your credit during the separation and divorce process, you may not know that you need to implement these options until it is already too late. You are entitled to one free credit report per year from each of the three main credit reporting agencies. You can find a link to download your credit report for free from the Federal Trade Commission website on our resources page. By taking advantage of the information contained in your credit report, you can reduce the chance that you will be held responsible for credit card debts that you did not incur.

What if Your Spouse Files for Bankruptcy After Divorce?

In the most extreme financial circumstances, one spouse (or both) may face bankruptcy before or after the divorce is final. Bankruptcy can cause you to be held responsible for debts your spouse agreed to pay, even when the judgment of divorce says otherwise. If both spouses’ names are on a debt and your former spouse files for bankruptcy, the creditor or collections company may still try to collect the debt from you. If the debt is joint, you may end up paying all of the debt, including the part your spouse agreed to pay.

There may be language in your judgment of absolute divorce designed to address underpayments by your spouse or overpayments by you. However, this would require enforcement action. If your former spouse files for bankruptcy, it may be difficult to get him or her to pay you back or to indemnify you for debts he or she agreed to pay. It is important for you to talk to a divorce attorney (and maybe a bankruptcy attorney) about your entire financial situation before your divorce is final and as soon as possible upon learning that your former spouse has filed for bankruptcy. If it seems likely that one, or both, of you will need to file for bankruptcy, it may be better to do so before the divorce is final.

When money trouble is pushing you closer to divorce, the last thing you want to hear is that you may be responsible for your spouse’s debt. At the Law Office of Shelly M. Ingram, our divorce lawyers will work with you to help you understand what to expect in divorce and find a resolution you can live with. When creditors come calling after the divorce is final, we can help you enforce your judgment to make sure you don’t pay more than your equitable share. Contact us today to schedule a consultation with an attorney.

If you have a child who needs braces, has special needs, or faces diagnosis or treatment for a serious health condition, the medical costs can add up very quickly. When families of children with these needs are separated (whether through divorce or when parents were never married), it can make it hard to know who is responsible for the medical bills. Will the primary caregiver have to pay out of pocket, will the parent who provides the child’s insurance be required to pay, or will child support cover your child’s medical costs?

This blog post will provide a basic overview of how Maryland child support laws treat medical costs. It will review who is responsible to cover the child’s health insurance and what you can do if you are facing extraordinary medical expenses.

Everyday Medical Costs are Counted into Child Support

Maryland child support laws are designed to make sure that every child has the financial support of both parents, even though they may live with one parent more. That financial support is calculated in consideration of a child’s basic needs, from housing to healthcare. In general, the Maryland child support formula calculates how much each parent must contribute to the support of his or her children based upon a proportional share of the parents’ combined incomes. That combined income falls into one of several buckets that cover up to $15,000 per month and direct the total amount of support Maryland children are entitled to under the law. In high wage-earning families with a combined gross monthly income above $15,000, the court has discretion to award child support based upon the financial circumstances of both the parents and the financial needs of the children.

Once a basic child support amount is determined, the support is divided between parents based upon his or her share of the combined household income. The child support guidelines then recommend an amount of money (child support) that the higher earner or non-custodial parent (depending upon your custodial arrangement) must pay to the lower earner or custodial parent to meet a child’s needs. If your combined household income is less than $15,000 per month the guidelines recommendation is mandatory. If your household income exceeds $15,000 per month then the court, at its discretion, may deviate from the guidelines recommendation.

A child support calculation isn’t only a matter of income. The basic child support calculation may be also adjusted based on:

• Shared parenting time -- is the access schedule shared or sole custody?
• Child-only health insurance costs or the portion of a family health insurance premium related to the child
• Work-related child care expenses, which may include daycare, before care, after care, or camp, if the care is needed for work-related coverage.
• Extraordinary medical expenses (discussed later)

When it comes to the cost of your child’s health insurance premiums, child support is designed to cover basic medical costs.

When it comes to the cost of your child’s health insurance premiums, child support is designed to cover basic medical costs. However, when those medical costs start to mount or there are out-of-pocket expenses, basic child support may not be enough to meet your child’s needs.

New Law Expands Extraordinary Medical Expenses to Protect Children

Up until now, there hasn’t been much parents can do when a child’s various physical and mental health conditions resulted in mounting medical costs that were less than $100 per illness or condition. Under former Maryland law, parents were only entitled to additional child support for uninsured extraordinary medical expenses that exceed “$100 per illness or condition.” These extraordinary medical expenses come up frequently as related to things like:

• Braces or corrective dental work (orthodontia)
• Dental treatment
• Glasses
• Asthma treatment
• Physical therapy
• Treatment for a chronic health problem
• Counseling or psychiatric therapy for diagnosed mental disorders

Often, special needs children or those with chronic health conditions have multiple diagnoses at once. Maryland’s old extraordinary medical expenses law wouldn’t apply if the itemized cost of each condition was less than $100 (say an $80 breath treatment for asthma and a $50 allergy shot), even if the total cost far exceeded the limit ($130 in the above example). As a result, that parent that was responsible for taking a child to the doctor and paying basic co-pays could be responsible for significant out-of-pockets that did not meet the definition of extraordinary medical expenses as defined by the statute.

Now, the Maryland legislature approved a change to child support law that would allow extraordinary medical benefits to work more like a deductible. House Bill 742 changed the definition of extraordinary medical expenses to “uninsured costs for medical treatment in excess of $250 in any calendar year.” The law also officially added “vision care” to the list of covered child-only health insurance expenses.

Who Should Pay for the Child’s Health Insurance

What about health insurance? A family court judge may order either parent to provide health insurance for a child. The Maryland child support formula gives a prorated credit in the calculation of child support to the parent that provides a child’s health insurance. When the child-only portion of a parent’s health insurance premium is included in the calculation of child support, the premium is credited between each parent based upon his or her share of the combined household income. Depending upon custodial arrangements, income, and costs of insurance, this credit can cause parents to want to add their children to their health insurance policies, even when the other parent already has insurance, or when the court hasn’t ordered the coverage.

Double-insurance (when both parents provide health insurance for the same child) may work against the family, increase everyone’s overall insurance costs, and result in reduced coverage for your child. As a general rule, when two (or more) insurance policies cover the same person for the same condition, one policy will be considered “primary” and the other “supplemental”. However, the way insurance companies decide whose policy comes out on top may not have anything to do with premiums, coverage options, or even the child’s health. That means that a parent who decides to cover his or her child to save on child support may end up spending more out-of-pocket and might also leave his or her child with poor primary insurance coverage.

At the Law Office of Shelly M. Ingram, our child support lawyers understand the ins and outs of the Maryland Child Support formula. We can educate you about what your child support order will cover, and how to take advantage of changes to the extraordinary medical expenses law. If you need help with your child support matter, contact us today to schedule a confidential consultation with an attorney.

The start of the new school year is a great time to reassess and plan your co-parenting for the year as well. Having a plan, showing each other respect and having the success of your child be the focus will help to ensure that your child, and your co-parenting are off to a great start! Here are a few more tips to consider:

1. Separate your co-parenting relationship from your romantic relationship with your ex. Although your marriage or romantic relationship with your ex has ended, your family relationship continues. It is important that you view the two as separate so you can ensure you keep the best interest of your child as the first priority.
2. Don’t allow personal feelings to affect your behavior. Set aside hurt feelings from the past and focus on the future success of your child. When you look toward the future, this will help your child feel more confident in his or her new living arrangements.
3. Communication is key. Find one successful way to maintain direct communication with you co-parent. Technology is a great way to help coordinate co-parenting and busy schedules. Make sure you aren’t using your child to communicate with your ex, you run the risk of making your child feel like they are in the middle when they become the “messenger”.
4. Update all relevant contact information. This will make it easier for everyone to show up for your child and also allows both parents to be proactively involved with neither being tasked to coordinate. Reach out to your child’s teachers and/or coaches and explain that you and your ex are happy to be co-parenting and would appreciate if she could communicate with you both regarding the well-being of your child. You should take some time to familiarize yourself with the school’s electronic communication system, and request two logins. If only one login in permitted, make sure to share the password so that both parents can keep on top of the child’s progress. Be proactive with school projects, events and conferences and make a plan to share a calendar for your child, if you can.
5. It would be helpful to set up a time on the weekend to discuss upcoming school activities, and plan the week ahead. Inform your child which parent will be participating in each activity, or if both of you will be attending. Your goal is to help your child to feel successful, and to realize that although the marriage is over, you and your ex are working as a team to be the best parents you can be.
6. If you are having difficulties with co-parenting and implementing your custody rights, it may be time to consider modification or enforcement. We would be happy to speak with you about your case in a confidential office consultation. During your consultation, we will discuss the specific needs of your family, as well as our qualifications to meet them, so that together we can develop a strategy that will work for you. For more information about our services, please call (240) 652-2596 or email info@shellyingramlaw.com.

The sun is shining, the flowers are starting to bloom, and the temperature is finally above freezing. This means that spring has definitely arrived. There are so many activities in our area, and some great family activities that you won’t want to miss — including many free activities for kids. Having these dates at hand is also a great tool for planning a day out with the kids based on your co-parenting schedule. Here are some of our favorite family activities in the DC Metro area.

The National Cherry Blossom Festival began March 30th and continues through April 14th. This is a must-see event for our area. Make sure you check out all the activities from story-time to a Petalpalooza at the National Harbor!

Fairy and Gnome Home Festival and Tour takes place April 14th from 11-4 in Solomons, Maryland. This festival features an over-the-top magical afternoon of creative play, games, unicorn rides, a petting zoo, face painting, crafts and more!

Montgomery Parks offer so many fun events! The Wings of Fancy Butterfly and Caterpillar takes place April 17th to June 30 from 10-5. Visitors will be surrounded by hundreds of brilliant live butterflies from North America, Costa Rica, Africa and Asia soaring among colorful flowers and going about their business of drinking nectar and looking for others of their kind.

Port Discovery Children's Museum offers Spring Break fun from April 19th to April 22nd. Kids will love the Stem in Spring event where they can explore Science, Technology, Engineering and Math in fun, playful ways.

Days Out with Thomas tour at the B&O Railroad Museum offers your train loving kids the chance to spend a day with Thomas the Tank Engine™ at the B&O Railroad Museum in Baltimore! Little Engineers and families take a 25 minute train ride behind Thomas the Tank Engine, meet Sir Topham Hatt, and enjoy a full day of live entertainment, activities, and family fun! Tickets are available for Fridays: April 26th and May 3rd from 9-3, Saturdays: April 27th and May 4th from 8:30-6 and Sundays: April 28th and May 5th from 8:30-5:30

Annapolis, Maryland has some wonderful family events. We love the Food and Spirits Festival April 27th and 28th from 10-6 and May Day on May 1st.

Maryland Sheep and Wool Festival takes place May 4th from 8:30-6, and the 5th from 8:30-5. There are lots of fun family activities celebrating all things sheep!

The Big Bounce America tour is coming to the D.C. area from May 10, 11, 12, 17, 18 and 19. Check out the options and buy your tickets here.

How about a day trip to Delaplane, VA for the annual Delaplane Strawberry Festival on May 25th and 26th from 10-5? There will be hayrides, a petting farm, crafts and old-fashioned field games. Make sure to take home a pint of strawberries!

Passport DC offers families the opportunity to get a better understanding of the district's thriving international diplomatic community. Events are held in May including the Around the World Embassy Tour on May 4th.

The D.C. Chocolate Festival offers families the opportunity to try and learn about oodles of different chocolate from a variety of creators.

The Fun Camp offers live kids' shows in Frederick, Maryland.

DC Area Easter Egg Hunts and Other Kid-Friendly Easter Events

Of course our area offers plenty of fun Easter Events. Here are a few worth checking out.

Milburn Orchards in Elkton, Maryland is opening for Easter egg Hunts and Breakfast with the Easter Bunny April 13th, 14th, 18th, 19th and 20th.

Bunnyland at Butler’s Orchard is open on weekends beginning April 13th to April 28th from 10-5. Activities include a jump pad, hunting for eggs, a hayride, petting zoo and tons of more fun.

National Zoo Easter Monday and Earth Optimism Celebration is on April 22nd from 10-2. Families are invited to enjoy egg hunts, live music, food trucks and games while discovering how they can help save species. This is a free event, and will be highly attended so plan to arrive early.

Bunny Bonanza at the Baltimore Zoo takes place April 19th to 21st from 10-2. This annual family tradition features games, activities, crafts, live entertainment, and non-stop egg hunts! Plus, don’t miss a full schedule of animal enrichment where our animals will get some sweet Easter treats of their own!

The annual PEEPshow at Carroll Arts Center takes place from April 12th to 23rd. Times are Sunday through Thursday 10-7, and Friday and Saturday from 10-9. It’s held in Westminster and features more than 150 marshmallow masterpieces!

DC Area Parks and Amusements

Spring is also the time for many parks and amusements open for the season.

Catoctin Wildlife Preserve opens March 23rd. Hours are from 10-4. The preserve features more interactive touch and feed opportunities than any other animal park in the region.

King’s dominion opens March 30th for the season and you can usually search the web to find discounts on tickets.

Six Flags America opens April 6th, again don’t forget to search for discounted tickets!

Chesapeake Pirate Adventures opens April 13th. Set sail in search of adventure for an experience the entire family will enjoy.

We hope you’ve enjoyed our Spring Activities list.

When a marriage breaks down, it is all too easy for parents to make the divorce all about their own needs. No matter the age, children are significantly affected when the family unit splits. Here are some questions to ask the best Maryland divorce attorneys about how to protect your children during divorce.

This blog post will describe key questions to ask the best Maryland divorce attorneys about how children can be affected by divorce. It will touch on ways to minimize the traumatic impact of a divorce, and will address cases when more extreme custody decisions must be made to protect your children.

Question: Will You Lose Your Children in the Divorce?

Many parents, especially fathers, sit down to meet with a Maryland divorce attorney with one priority in mind: they can’t lose their children in the divorce. The reverse is also true. Some parents are looking for ways to cut the other parent off from the children. When they say “sole custody” they mean they don’t want the other parent involved at all.

However, this mindset turns children into possessions and can create a custody battle that hurts everyone involved. It also does not line up with the way Maryland courts handle custody cases. In all but the most extreme cases, the court is going to enter a custody and visitation order that divides the children’s time between both parties. Even when the court awards “sole custody” to one parent or the other, the non-custodial parent will be entitled to see and spend time with the children on a regular basis.

Question: Who Will Get Custody of the Children in Divorce?

Rather than looking at if you will lose your children, the better question for your divorce attorney is, “What will the custody order look like in my case?” Maryland courts have the ability to enter sole, joint, or shared custody orders which direct who will make decisions for the children and where will they spend their days (or nights). In deciding this, the court will consider:

• Who was the primary caregiver before the divorce
• The physical and psychological fitness of the parents (including any history of abuse)
• Character and reputation
• Any existing custody or visitation agreements
• Who will help the children maintain existing family relationships
• The child’s preference (if they are old enough to have one)
• Which parent has the financial ability to provide for the child’s material needs
• The age, health, and gender of the child
• Geographical considerations
• The length of separation between parent and child
• Prior abandonment or surrender of custody
• Religious views that affect the physical or emotional well-being of the child

Depending on your family’s circumstances, and the arguments made by your Maryland divorce attorney, the judge will fashion an order that takes into account decision making, visitation, holidays, transportation, and other concerns.

The parties may also reach their own parenting plan during mediation or other negotiations. This agreement controls all the same issues, but rather than a judge telling you what to do, you and your former spouse decide what is best for your children together. If you are able to reach your own parenting plan, you have the option to include terms that are beyond that which the law will allow. In many cases, an out-of-court agreement is the better option for children and for parents, especially when children’s extracurricular activities or special needs conflict with more traditional visitation schedules.

Question: How Can You Protect Your Children from an Abusive Parent?

Sometimes when parents are looking for a divorce it is to escape a dangerous situation at home. When one parent is abusive, the other may ask what he or she can do to protect the children when visitation is the norm. When a child’s health or welfare could be negatively affected, a judge may order that the abusive parent’s visitation be supervised, restricted to only public places, or even denied. This is rare, and should only be raised in the most significant case, but sometimes it is necessary.

If you are the target of the abuse rather than your children, you may also be able to ask your Maryland divorce attorney to help you get a protection order, or limit parenting exchanges to a safe space like a police station or supervised exchange center. This may seem inconvenient, but in some cases, these safety measures can protect you and your children from further abuse.

Any divorce is hard on children, but when abuse is involved, they may feel like they have no one to talk to about what has happened in each parent’s home.

Any time there is a history of abuse it is also a good idea to introduce your children to an age-appropriate counselor or therapist. Any divorce is hard on children, but when abuse is involved, they may feel like they have no one to talk to about what has happened in each parent’s home. A counselor provides your children with a safe third party to talk to, and gives you the added assurance that if anything inappropriate does happen, there is another adult looking out for your kids.

Question: What Can You Do to Minimize the Effect of Divorce on Children?

The best question you can ask your Maryland divorce attorney when you start a divorce is what you can do to minimize its effects on your children. Whether your child is 2, 12, or 20, he or she will be affected by your choice to separate. This change doesn’t have to be traumatic, though. You can do the following things to help your children through the transition:

• Encourage them to talk about their feelings with you and other adults they trust
• Make sure they know you will be there for them after the divorce is over
• Reassure them that the divorce is not their fault
• Keep them out of heated negotiations
• Avoid talking negatively to them about their other parent
• Don’t ask them to pass along information (keep them out of the middle)
• Spend time with them or make yourself available to them
• Let them be upset with you and your former spouse
• Get them help when they need it
• Co-parenting tips

Your Maryland divorce attorney can help you develop specific strategies to reduce conflict between you and your former spouse and minimize the effect of divorce on your children. By talking to a lawyer early, you can make sure to put good practices in place early, before you or your spouse accidentally hurt your children.

At the Law Office of Shelly M. Ingram, our divorce attorneys put children first. We will guide you through the divorce process and help you keep in mind the way your behavior, and that of your spouse, may affect the children today and in the future. Contact us today to schedule a consultation with an attorney.

Sometimes your divorce happens as soon as your marriage is over. In other cases, you and your former spouse stay technically married, even while you live separate lives. Find out how a long separation can make your divorce more complicated, and how long after divorce you can remarry in Maryland.

This blog post will answer the question of how long after divorce can you remarry in Maryland, as well as explain issues that arise as part of lengthy separations, and how prenuptial agreements can protect second marriages.

Is There a Waiting Period to Remarry in Maryland?

The short answer to how long you have to wait after divorce to remarry in Maryland is easy. There is no waiting period. Technically, your judge could sign your judgment of absolute divorce in the morning and you could sign your marriage license that same afternoon.

However, you will remain married, with all the rights and obligations that attach to that status until the absolute divorce decree is entered. Even after your complaint for absolute divorce has been filed you are still married. If you and your new fiancee are trying to plan a wedding while you are still just separated from your current spouse, make sure you leave enough time to negotiate a settlement or take your case to trial. Otherwise, you may end up pushing back the date of your second wedding.

Why You Shouldn’t Wait Until You “Have” to Get Divorced

For some people, the legal divorce process is more intimidating than simply separating from their partners. In these cases, spouses can sometimes live as married but informally separated for years until one or the other needs to get divorced so they can remarry. However, a years-long separation can complicate your Maryland divorce proceedings.

In a Maryland divorce, all marital property will be equitably divided between the parties. “Marital property” means everything you or your spouse accumulated during the marriage -- from the date of the marriage until the decree of absolute divorce. That includes everything either of you acquired while you were separated.

Notably, Maryland is an “equitable distribution” state. That means your marital property won’t automatically be divided dollar-for-dollar down the middle. Instead, the court will do what is fair considering all the circumstances, including your lengthy separation. However, if you want to keep the property you accumulated during your separation, you and your divorce lawyer will need to establish the values of your property before and after your separation. Even then, if your spouse has not also been accumulating property, the court may not find it fair to award you everything after the date of separation.

There are a number of other reasons why it is better to divorce shortly after you separate. For example:

• Evidence of the value of marital assets will be easier to gather soon after separation
• Having a concrete parenting time order provides certainty
• Tax implications for parties married, but filing separately and claiming the children

What You May Want to Do Before Remarrying in Maryland

Just because your judgment of absolute divorce has been signed doesn’t always mean you should run straight to the altar, either. Beyond the emotional and sentimental reasons to wait, there is at least one legal reason to put on the brakes before you get remarried: the prenuptial agreement.

Divorcees have some of the strongest reasons to use a prenuptial agreement:

• To protect the inheritance of children from their first marriage
• To clarify separate property owned prior to remarrying
• To reduce the stress and expense if this second marriage also results in divorce

When you have already been through a divorce once, you understand the reality of the time, financial, and emotional cost involved. Rather than rushing to the courthouse or church to get remarried, take a moment with your new partner to consider what has come before, and to protect the children and property you bring with you into the new marriage.

At the Law Office of Shelly M. Ingram, our divorce lawyers understand that sometimes divorce doesn’t happen until you want to remarry. We know how to work through the complications of a lengthy separation, and can help you decide whether a prenuptial agreement is right for you in your second marriage. Contact us today to schedule a consultation with an attorney.

More and more people are living together without a legal or religious marriage ceremony. At some point in time, if you have been living with a romantic partner for several years, you may wonder whether you are in a common law marriage, or may even wonder, "Does Maryland recognize common law marriage?" The answer is a little more complicated than you might expect.

States That Recognize Common Law Marriage

The short answer is that, no, Maryland does not recognize common law marriage, in the sense that you cannot create a common law marriage while living in Maryland. That said, if you have a valid common law marriage from a state that does recognize such marriages, it will be recognized in Maryland as well.

As of this writing, the jurisdictions in which you can become married by common law include:

• Alabama
• Colorado
• District of Columbia
• Georgia (if common law marriage was created before 1/1/97)
• Idaho (if common law marriage was created before 1/1/96)
• Iowa
• Kansas
• Montana
• New Hampshire (for inheritance purposes only, also known as "common law marriage by death")
• Ohio (if common law marriage created before 10/10/91)
• Oklahoma (if common law marriage created before 11/1/98—possibly. Conflict between statutory law and court cases has resulted in a lack of clarity regarding whether common law marriages created after that date are recognized.)
• Pennsylvania (if common law marriage created before 1/1/05)
• Rhode Island
• South Carolina
• Texas
• Utah (possibly; the law is unclear)

As you can see from the notations on the list, several states do not recognize new common law marriages, but do recognize those created before a certain date. Only two jurisdictions, Rhode Island and the District of Columbia, recognize common law marriage for same-sex partners. Other states, such as New Hampshire, recognize common law marriage only under limited circumstances, such as to prevent an unfair result when someone dies without an estate plan naming their long-term partner.

Do You Have a Common Law Marriage?

We've established that Maryland will recognize your common law marriage if the state in which it was created would have. Many people's next question is, "How long do we have to have lived together to be common law spouses?" Unfortunately, the answer to whether you are common law spouses is not as simple as whether you have lived together for a certain number of years.

It is a common misconception that if you have lived together for seven years, you are in a common law marriage. The reality is that there is no magic length of time. Different states have different rules, but in general, a common law marriage is created by:

• Having lived together for a given number of years (in many states, as few as one)
• Having presented yourselves to the community as husband and wife
• Intending to be married

Most states that allow common law marriage allow you to file notarized affidavits to establish your common law marriage, or file some sort of registration or declaration of an informal marriage. Falsely filing such documents is a felony in some states, so this is not something to do lightly. However, after you have met the requirements of a state for common law marriage, you will be treated for legal purposes like any other married couple.

Protecting Your Rights in a Long-Term Relationship

If you live in Maryland, and your relationship does not qualify as a common law marriage, there are still steps you can take to protect your rights in your relationship. To allow your partner to inherit from you, for instance, you can create a will or trust naming them as a beneficiary. Likewise, to enable them to make medical or financial decisions for you if you are unable to, you can execute a power of attorney designed for that purpose and name them as your agent. They can, of course, do the same for you.

As with most types of contracts, you do not, strictly speaking, need an attorney to create a cohabitation agreement. That said, it is wise to at least have your agreement reviewed (if not drafted) by your own attorney.

In Maryland, you can also create a cohabitation agreement. This is a contract, enforceable in court, that sets forth your agreement with your partner about how you are going to handle certain aspects of your relationship. Cohabitation agreements often focus on financial issues, such as management of debt or ownership of certain property, but may cover much more, down to responsibilities for chores around the house and how disagreements about interpreting the contract should be resolved. Even if you never need to have the contract enforced, the act of making it forces you and your partner to articulate your understanding of the relationship and your values, which should strengthen your relationship and prevent misunderstandings.

As with most types of contracts, you do not, strictly speaking, need an attorney to create a cohabitation agreement. That said, it is wise to at least have your agreement reviewed (if not drafted) by your own attorney, and not rely on your partner's attorney or your partner's good intentions. Consulting an attorney will help you protect your interests and ensure that you understand any obligations you are undertaking by signing the agreement.

If you are reading this blog post not because you want to create a common law marriage, but because you are unsure whether you are in one or what your rights are, consult an experienced family law attorney. An attorney can help you understand what the law is, how it applies to your particular situation, and how best to achieve your goals in light of those facts.

Starting a divorce raises questions about everything from who keeps the home to whether you can have visitation of your cat. Here are some of the top things to ask Maryland divorce lawyers about dividing property, and why you should ask the questions.

This blog post will discuss some of the most frequently asked questions for top Maryland divorce lawyers about how to divide property during a divorce. It will cover issues such as separating out non-marital property, equitable division of assets, and what factors the court will consider in calculating a monetary award.

Can You Keep the Home in Divorce?

When many couples separate, the first property-related question is “who gets to keep the home?” But when it comes to things to ask your divorce lawyer, the better question is, “can you afford to keep it?” Most families manage a family budget based on two incomes and shared household expenses. When the marriage breaks down and one spouse moves out, suddenly the person in the marital home faces all the same bills with less income. Your divorce attorney can help you review your budget, and what funds you can expect to receive from other sources, like child support or alimony.

Maryland law does provide some tools to help you keep the home, at least for a while. If you are the custodial parent of your children following the divorce, you may be awarded “use and possession” of the home for up to 3 years. In some cases, that award can include an order that your ex-spouse pay some or all of the expenses related to the home during that time. These “use and possession” orders give you time to find new income sources, or a new home, and make the transition easier on your children.

Will Your Spouse Get Your Retirement Account?

A retirement account is often the single most valuable asset in a divorce (often worth more than the house). That means you may be anxious about whether you will be able to retire if you get divorced. The thing to ask your divorce attorney isn’t always whether your spouse will get your retirement account, but how you can protect your plan to retire.

Your family law attorney can review your financial circumstances and help you find a solution that gives each spouse an equitable share of the property and still protects your investments.

Maryland is an “equitable distribution” state. That means that in every divorce, each spouse is entitled to his or her fair share of the property that belongs to the marriage. That includes the amount you contributed to your retirement account, and the increased value of that account over the time of your marriage. However, equitable division doesn’t automatically mean you must divide each asset in half. Your family law attorney can review your financial circumstances and help you find a solution that gives each spouse an equitable share of the property and still protects your investments.

What Will Happen to Your Pets?

In some cases, the family dog or cat can be as important as a child. In those cases, one of the top questions for your divorce lawyer may have nothing to do with dollars and cents, and may have everything to do with the sentimental bond between you and your animal.

What will happen to your pets is largely up to you and your former spouse. Maryland law treats animals like personal property. That means your favorite dog is legally no different from the kennel he sleeps in. While there are not laws specifically allowing a judge to order pet visitation, creative work with your divorce lawyer and your former spouse can sometimes protect everyone’s connection with the family cat.

In other cases, unfortunately, the question “what will happen to your pets” is more about safety than companionship. In cases of domestic partner violence, when a survivor leaves he or she may not be able to take the pets with them. If you find yourself in this situation, your Maryland divorce lawyer can help you get a protective order to shield you and your pets from abuse during the divorce process.

How and When Will Property Division Happen?

As negotiations over diving property come to a close, many people forget to ask their divorce attorneys how and when they will receive the property they are awarded. Depending on the type of property involved, this could be as simple as arranging a moving truck, or it could require a separate order from the court. Before the judgment of absolute divorce is final, be sure to talk to your lawyer about:

• When you will be able to move your personal belongings out of the home (and who will be there when you do)
• Who is responsible to close bank accounts and when to transfer funds to separate accounts
• How to refinance the home and remove your spouse’s name from the mortgage
• When to sign a deed removing your name from any real property
• How and when retirement assets will be divided, and whether a separate order will be needed to do so

Getting a divorce in Maryland isn’t as simple as walking in to court and walking out single. You and your lawyers will need to work together to put values on your assets, identify your priorities and goals, and find an equitable division you can live with. The first step in this process is open communication. You should never be afraid to ask your divorce lawyer questions about property division. At the Law Office of Shelly M. Ingram, our divorce lawyers work with clients every day, answering their property division questions and helping them move toward a new chapter of their lives. Contact us today to schedule a consultation with an attorney.