Blogs from 2024

If you are the custodial parent, you may be wondering whether you are permitted to relocate out of the state with your child. Whether the move is in connection with a new job, to be closer to family, or another reason, it’s essential to understand that you cannot simply remove your child from the state or country. If a custody order is in place, you would need the consent of the court or the other parent to relocate with the child. Importantly, there are strict laws in place in Maryland to prevent child abduction and parental kidnapping.

What is the Maryland Child Abduction Prevention Act?

On October 1, 2023, a new law went into effect in Maryland called the “Maryland Child Abduction Prevention Act.” This statute is meant to prevent child abduction and parental kidnapping by defining what abduction is, providing courts with the authorization to issue travel limit or visitation restriction orders, and establishing a framework to assess risk factors that may be used as evidence for a preventative order.

How Does the Maryland Child Abduction Act Prevent Parental Kidnapping?

The Maryland Child Abduction Prevention Act is a proactive — rather than a reactive — measure that was put into place to prevent parental kidnapping before it occurs. It addresses both domestic and international abductions, defining abduction as “the wrongful removal or retention of a child.” Under the law, a parent can petition the court for an abduction prevention order if they believe there is credible evidence that the other parent will remove the child. A court can also issue such an order on its own motion.

The law outlines a number of factors as evidence for an abduction prevention order, including the following:

Maryland child abduction and relocation laws require custodial parents to obtain consent from the other parent or the court before relocating out of state. The Law Office of Shelly M. Ingram provides reliable legal support for child custody and family law matters.

• Previous evidence of abduction
• Any previous attempts at abduction
• A parent abandoning their employment
• A parent selling their primary residence
• Terminating a lease
• Closing a bank account
• Liquidating assets
• Hiding or destroying assets
• Conducting unusual financial activity
• Applying for a passport
• Obtaining travel documents for the child
• Previous domestic violence, stalking, child abuse, or neglect
• Lack of family, financial, emotional, and cultural ties to the State and the United States
• Strong ties to another state or country
• Has had an application for citizenship denied
• Has used multiple names in an attempt to defraud
• Has forged or presented misleading false evidence on government forms to obtain a passport or travel documents

There is a wide range of measures a court can implement to prevent parental kidnapping. For instance, a judge may impose travel limits, alter visitation rights, or have law enforcement take custody of the child. A parent who fails to abide by an abduction prevention order can face monetary fines and both civil and criminal penalties.

When Will a Court Allow Relocation?

If you are looking to move with your child, it’s important to understand how relocation impacts child custody. Significantly, a custody arrangement must promote the best interests of the child first and foremost. Parents should consider the child’s well-being, routine, and relationship with both parents before making the decision to relocate. Relocation can sometimes require a modification of an existing custody agreement — particularly in cases where the non-custodial parent’s ability to maintain a meaningful relationship with the child would be impacted.

Under Maryland law, a custodial parent must provide the other parent with 90 days’ notice of their intention to relocate, except in emergency situations. Failure to do so can lead to parental kidnapping charges. The other parent is entitled to contest the relocation and file an objection in court if they disagree with the move.

In determining whether relocation is in the child’s best interests, a court would consider a variety of factors, such as:

• The child’s bond with each parent
• The child’s age and developmental needs
• The reason for the relocation
• The impact of the move on the child’s education and social life
• The relocating parent’s ability to facilitate a meaningful relationship between the child and the non-relocating parent

Courts in Maryland typically allow for relocation when there is a good reason for the move or the move will provide the child with stability and better educational opportunities. For example, relocating due to a good job opportunity would be viewed much more favorably by the judge than a move that is motivated by parental alienation. In the event the court allows the custodial parent to relocate with the child, the custody agreement may need to be modified in order to account for the changes. Parents may need to create a new parenting plan, determine transportation details, and decide how transportation costs will be shared.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you are considering relocating with your child or are contesting the other parent’s relocation, it’s essential to have a family law attorney by your side who can best advise you. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys are committed to providing you with reliable legal services for a wide variety of family law matters, including those involving child custody issues. Whether mediation, litigation, or the collaborative approach is used, we will help you achieve a positive outcome for your specific situation.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Divorce is life-changing — and the emotional toll it takes on you can be significant. You may be feeling a variety of emotions, including anger, sadness, grief, guilt, and confusion. While your divorce attorney can help to guide you through the legal proceedings associated with parting ways with your spouse, you may find it helpful to have a safe place to process your emotions. Therapy for divorce can provide the emotional support you need as you work to rebuild your life.

How Can Therapy Help with Divorce?

Therapy for divorce can make the entire process go much more smoothly. Whether you are uncertain whether you want to file for divorce or you are having difficulty dealing with the emotional impact, working with a therapist can help you understand your emotions. A divorce therapist can also provide you with the tools you need to move forward in a healthy manner.

Although divorce is a legal process, emotions may cloud a spouse’s judgment. In many instances, therapy for divorce can help you make better decisions regarding your legal case. By processing your emotions and managing your stress, you will be better able to compartmentalize your emotional reactions.

Significantly, divorce therapy may also save you time and money that might otherwise be spent on your case. While any divorce attorney should be concerned about the emotional toll your divorce may take, the cost of venting to a divorce attorney is often more than what a licensed therapist or social worker may charge. Moreover, therapy for divorce might even be covered by your health insurance. It’s important to keep in mind that attorneys are licensed to provide legal advice, protect your rights, and ensure a fair division of property. Although your attorney might be an empathetic and compassionate listener, attorneys are not professionally trained to help you address the psychological aspects of divorce.

Benefits of Therapy During and After Divorce

Going through a divorce is always emotionally difficult. However, there can be a variety of benefits when it comes to therapy for divorce, and the benefits may extend beyond the divorce process. Therapy during and after divorce can improve your mental health, strengthen your emotional well-being, and enhance self-growth.

What happens in divorce therapy will depend upon your specific situation and the approach your therapist takes. Specifically, a divorce therapist can help you with:

• Keeping your emotions in check — Divorce can be emotionally overwhelming. Therapy for divorce can allow you to feel heard and identify triggers so that you are better able to keep your emotions in check during your case and after the legal proceedings have concluded.
• Learning coping mechanisms — In divorce therapy, you can explore your feelings and learn coping mechanisms to manage them, such as mindfulness practices and relaxation techniques.
• Developing techniques for effective co-parenting — Communicating with a co-parent can be difficult, even if you are amicable. A therapist can teach you effective strategies to communicate in a healthy manner, maintain open lines of communication, focus on the issue at hand, and compromise when necessary.
• Prioritizing your child’s needs — Divorce therapy can help you prioritize your child’s needs and reduce the emotional impact of your divorce on them. A therapist can assist you with establishing consistency for your children.
• Healing from the emotional wounds of your divorce — The emotions you feel after divorce are complex. With therapy for divorce, you can gain the tools you need to heal from the trauma and emotional scars you have experienced. Therapy can empower you, rebuild your self-esteem, and provide you with a clear sense of identity.

The tools you acquire in therapy for divorce can be utilized for years to come. In addition, by understanding the dynamics and patterns in your partnership with your spouse, you will gain self-awareness and be able to make healthier decisions in new relationships.

Types of Therapy for Divorce

Going through a divorce is always emotionally challenging. However, therapy during and after divorce can offer significant benefits, often extending well beyond the divorce process. If you’re finding it difficult to cope with the emotional toll of divorce, therapy can provide the support you need to process your feelings, rebuild your life, and move forward with confidence.

There are several different types of therapy for divorce, depending on your specific needs and objectives. With individual therapy, you work directly with a therapist to address the emotional challenges you are facing in connection with your divorce. This is a one-on-one approach that can allow you to explore your fears, express your concerns, and process your emotions.

Couples therapy may be another option to help you navigate the emotions of divorce. Not only can it help spouses address their feelings, but it can teach them how to communicate respectfully and effectively — this is crucial if you will be co-parenting. It can also reduce stress and minimize conflict during the legal process for divorce and set boundaries for the future.

Another type of therapy is cognitive-behavioral therapy. This technique can also be used in individual or couples therapy. Cognitive-behavioral therapy helps you identify and change negative thought patterns that you experience in response to divorce by replacing them with healthier perspectives. It can address habits that can be self-destructive during the divorce process — as well as those that can inhibit you from moving forward in the future.

Contact an Experienced Maryland Divorce and Family Law Attorney

During and after divorce, it’s important to have both the emotional and legal support you need as you open up the new chapter of your life. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys are committed to providing you with reliable legal services for a wide variety of divorce and family law matters, including those involving prenuptial and postnuptial agreements. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we work closely with our clients to achieve a positive outcome in every case.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Most people are familiar with prenuptial agreements and how they function. However, it’s important to understand that if you and your spouse did not sign a prenup before you were married, you still have the opportunity to enter into a postnuptial agreement. These contracts can be signed at any point during your marriage and can address a wide range of financial issues — as well as protect your economic interests in the event of divorce.

Here are seven reasons you should consider a postnuptial agreement:

1. You Would Like to Clarify Financial Expectations

A postnuptial agreement has a significant advantage over prenuptial agreements — these contracts can be entered into at a time when spouses have more knowledge regarding their marital finances. They may be better informed about their financial needs than they were prior to the marriage. Importantly, a postnuptial agreement can be used to help spouses clarify financial expectations and reduce misunderstandings by encouraging them to have an open and honest discussion about money and property matters.

2. You Have Received an Inheritance

If you have received a large, unexpected inheritance, it’s vital to take the necessary measures to protect it. While inheritances are treated as separate property in Maryland, they can sometimes become commingled with marital property — this can complicate asset division in cases where a couple parts ways. An inheritance can be included in a postnuptial agreement to ensure that it remains the property of the spouse to whom it was bequeathed.

3. You Have Brought Significant Assets into the Marriage

If you entered into the marriage with significant assets or acquired them during the marriage, a postnuptial agreement can help to protect your wealth in the event of divorce. This would ensure that spouses part ways while keeping the individual wealth they have accumulated intact.

There are numerous reasons to consider a postnuptial agreement, from asset protection to business interests and financial security. A knowledgeable attorney at the Law Office of Shelly M. Ingram can draft, review, and negotiate a solid postnuptial agreement to ensure your interests are safeguarded in case of separation.

A postnup can address a wide range of assets and property, including but not limited to the following:

• Real estate
• Investment properties
• Investment portfolios
• Retirement funds
• Personal property
• Vehicles
• Artwork
• Jewelry
• Family heirlooms

A postnuptial agreement can also address many other financial matters, such as how debts accumulated during the marriage would be handled, whether spousal support would be issued in the event of divorce, how certain properties would be managed, and who would be responsible for attorneys’ fees in divorce.

4. You Own a Business

If a spouse owns a business, dividing it in divorce can be one of the most contentious issues you may face during legal proceedings — especially if the business grew substantially during the marriage. Significantly, a postnuptial agreement can protect business interests by:

• Classifying business assets as separate property that remains with the original owner after divorce
• Preventing disruption to your business after divorce
• Specifying how the business will be managed
• Protecting the interests of business partners
• Outlining each spouse’s financial responsibility and obligations toward the business
• Reducing the potential for lengthy and costly litigation

With a solid postnup in place, you can continue to focus on your company’s growth and operations without concern that divorce proceedings could interfere. In addition, it can also show lenders that your company is a stable investment.

5. You Would Like to Financially Protect Children from a Prior Marriage

If you have children from a previous marriage, a postnuptial agreement can be used in connection with your estate plan to ensure your children are provided for. By specifying which assets are considered separate property and how they should be distributed in the event of divorce or death, the assets can be safeguarded for your children. The agreement can address things such as money, inheritances, financial accounts, family heirlooms, and other assets that you would like passed down to your children.

6. There are Unexpected Financial Imbalances in the Marriage

Not all financial issues in a marriage can be addressed in a prenuptial agreement. In some cases, there may be unanticipated events or unexpected financial imbalances that arise during the course of a marriage. For example, if one spouse takes on homemaking or child-rearing responsibilities while the other spouse seeks employment outside the house, the financially dependent spouse might want to seek assurance by addressing alimony issues in a postnuptial agreement.

7. You Did Not Enter into a Prenuptial Agreement

If you didn’t enter into a prenuptial agreement before you were married — or did and financial circumstances have changed — a postnuptial agreement can be used to protect your interests. In the event divorce is imminent, a postnuptial agreement can safeguard your separate property, establish the division of assets without judicial intervention, and help spouses avoid litigation.

Contact an Experienced Maryland Divorce and Family Law Attorney

There can be a wide range of reasons to enter into a postnuptial agreement. A skillful attorney can draft, review, and negotiate a postnuptial agreement that will be legally sound if you and your spouse choose to part ways. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys are committed to providing you with high-quality legal services for a wide variety of divorce and family law matters, including those involving prenuptial and postnuptial agreements. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we will help you achieve a positive outcome for your specific situation.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Even if a couple agrees to part ways, divorce can be overwhelming. There are many issues that must be determined before a judge will sign the final divorce decree, including those involving finances and asset division. One of the ways spouses can reduce the emotional stress and financial burden of the division of property in divorce is by using the collaborative divorce process.

In Part 1 of this blog series, we discussed the collaborative process as an alternative to litigation in the courtroom — and how it works. In Part 2, we will cover how this form of alternative dispute resolution can be used to address financial matters and divide property.

Understanding the Role of a Financial Neutral in Collaborative Divorce

Division of property and assets is one of the most contentious — and complex — issues couples face in divorce. Dividing assets may have tax implications, and certain types of property might need to be appraised to ensure it is valued correctly. There may also be business interests at stake, real estate to divide, and property that must be traced. When spouses use the collaborative divorce process, financial experts can be brought in as part of the collaborative team to help ensure both parties receive a fair distribution of marital property.

Depending on the issues in the case, a variety of financial neutrals can play a critical role in helping spouses reach an equitable outcome. A collaborative team may include the following financial neutrals:

• Appraisers — An appraiser can provide a professional opinion concerning the value of a property. This is critical when it comes to determining how each asset should be divided.
• Financial advisor — A financial advisor can offer guidance regarding asset division during divorce and help the spouses create post-divorce budgets.
• Accountant — An accountant can explain the tax implications of property division and suggest ways to split assets that will reduce the tax consequences.
• Certified Divorce Financial Analyst (CDFA) — A CDFA has special training to help spouses navigate the complexities of addressing financial matters during divorce. They can assist with asset valuation, equitable distribution, and financial planning after the divorce has been finalized.

It’s important to understand that financial neutrals in a collaborative divorce work for both parties. They do not act as either spouse’s representative or take sides. They also cannot have worked for either party in the past. Ultimately, their role is to guide the parties in considering their options and reaching an agreement without controlling the outcome or rendering any decisions.

Key Considerations When Dividing Assets in Collaborative Divorce

Collaborative divorce offers a cost-effective, confidential approach to property division, reducing emotional and financial stress for both parties. Learn how it can make the divorce process smoother with tailored guidance from the Law Office of Shelly M. Ingram.

There are many complex assets that can come into play in a divorce. Significantly, the key to successful division of property in a collaborative divorce is open communication between spouses. The goal is not to “win,” but to reach a satisfactory outcome for both spouses.

The collaborative process can help ensure that certain types of property with unique considerations are handled in a way the spouses deem fair. For example, spouses who own a business together can work with financial neutrals to determine its value and the best course of action to take. Similarly, if spouses own real estate together, a financial neutral can guide them to reach a decision concerning what they will do with the property. Through open and honest discussion, spouses can also reach an amicable resolution to the issue of the division of retirement accounts and pension plans that are considered marital property.

Notably, spouses often reach creative solutions with the help of financial neutrals for property division matters that would not otherwise be achieved in litigation.

How is Property Divided in Collaborative Divorce?

After all assets have been identified and valued, and tax implications have been considered, the spouses can negotiate a settlement. When the collaborative divorce process is used, the parties will work together and compromise to find a solution that meets their objectives. Each spouse should create a list of assets that they consider a priority to have a starting point for negotiations. Spouses might also consider trading assets — in these instances, the parties would negotiate a settlement where one party keeps assets that are important to them, while trading property that is of a similar value.

Other options spouses may consider when it comes to the division of property in a collaborative divorce can include selling or co-owning certain assets. If an asset cannot be physically divided and the parties agree, it may be possible to sell it and divide the proceeds between them. In other cases, such as those involving investment properties or vacation homes, spouses might agree that each party should retain a percentage of the asset.

Once the issue of property division has been settled, a formal agreement outlining the terms of the division of property (and all other matters that were determined during the collaborative process) must be signed by both parties and submitted to the judge. Once the judge signs this document, it becomes a binding order that both parties must follow.

Learn More About the Division of Property Using the Collaborative Divorce Process

The collaborative divorce process has many benefits, including confidentiality, cost-effectiveness, and efficiency. If you would like to learn more about using the collaborative divorce process and how it can be helpful to divide your marital property, a knowledgeable divorce attorney can discuss whether it is right for your specific case. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce lawyers are dedicated to helping clients find tailored solutions for their specific situations.

Contact Us for a Consultation

Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, at the Law Office of Shelly M. Ingram, we will help you reach an amicable resolution to your divorce matter. To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

If your spouse is missing or refuses to participate in a divorce action that you have commenced, you may be wondering whether it is possible to legally end your marriage. Importantly, the courts have a remedy for such scenarios. Under Maryland law, an order of default may be issued if a spouse is properly served with a summons and complaint but fails to respond. In these cases, a judge would grant the divorce and may grant the relief requested if the respondent spouse ignored the divorce papers or could not be found.

What is an Order of Default?

An order of default allows a spouse to obtain a divorce (or other relief) if they have complied with the service of process requirements and the respondent spouse does not file an answer. In Maryland, a spouse typically has 30 days to respond to divorce papers if they were served within the state, 60 days if they were served in another state, and 90 days if service of process was effectuated outside the United States.

In a Maryland divorce case, there are several scenarios in which an order of default may be used, including the following:

• Missing spouse — Just because a spouse seeking a divorce cannot locate the whereabouts of the other does not mean they cannot obtain a divorce. If a spouse does not know where the other is to serve them divorce papers, they must show proof that they conducted a diligent search to locate them. The court may allow alternate service by publication in these cases. Once served, if the missing spouse fails to file a responsive pleading, you can file a Request for Order of Default. If the Court enters an order of default, the case can proceed despite the missing spouse.
• Unresponsive spouse — In the event a spouse was personally served with divorce papers (or served by alternate service) but ignores the filing or fails to respond within the applicable amount of time, a judge may allow the case to proceed without the involvement of the non-responding spouse.
• Absent spouse — An order of default may be issued in cases where a spouse fails to appear without good reason and has been properly notified of the proceedings.

If a spouse does not respond to the divorce papers, the petitioning spouse would still need to put on evidence and testimony to receive the relief they asked for in the complaint. There would be a default hearing where the Court would consider your testimony and the evidence presented. Even on a default basis, the Court can make an award of property division, alimony, child custody, child support, and other remedies. However, there are certain situations in which a default would not apply, such as if a spouse were on active duty in the military.

What Happens if the Missing Spouse Appears After an Order of Default Was Issued?

An Order of Default in a Maryland divorce allows you to move forward with the divorce process if your spouse is missing or refuses to respond after being properly served. Once issued, the court can grant the divorce and any requested relief, such as property division or custody, without your spouse’s input.

After an order of default has been granted, it must be served on the missing spouse. If the spouse still fails to appear, the court would schedule a default hearing in the case. At the hearing, the judge would ask the petitioning spouse for information about marital property, child custody matters, and any other issues before the Court. A judgment would then be rendered, which would be binding on both parties — including the spouse who failed to appear.

In some cases, a missing spouse may reappear after an order of default has been issued. If the spouse who failed to appear can show good cause for their unresponsiveness or absence, they may file a motion to vacate. This asks the court to set aside the order so that the missing spouse or the spouse who failed to respond may be able to present their arguments. A motion to vacate must usually be filed within 30 days from the date the default order was issued.

If the spouse who obtained the default judgment disagrees with the missing spouse’s reason for absence, they can file an opposition to request that the default be vacated. However, it should be noted that courts routinely vacate default orders that concern child custody and visitation issues.

What are the Pros and Cons of a Default Divorce?

There can be a few advantages to a default divorce if it is the only option for the petitioning spouse. Significantly, an order of default can simplify the divorce process and save a substantial amount of money that might otherwise be spent on lengthy litigation. In addition, spouses would not be required to file the detailed financial information that is necessary to disclose in litigation.

Nevertheless, there are risks involved for a defaulting spouse. From the division of marital assets, allocation of debts, and child custody matters, divorce can have a major impact. It’s always best for a spouse to respond to divorce papers to ensure their rights and financial interests are protected. A spouse who does not answer effectively gives up their right to have a say in the divorce — and they would be held responsible for complying with the order the judge issued.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you have questions about obtaining an order of default in your divorce case, it’s essential to have an experienced divorce attorney who can help you navigate the process. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys are dedicated to providing you with the guidance you need and will walk with you every step of the way through the divorce process. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we will help you achieve a positive outcome for your specific situation.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Divorce can often be challenging, emotionally overwhelming, and stressful. However, it’s important to understand that litigation in the courtroom isn’t the only way to divorce in Maryland. The collaborative divorce process is an alternative dispute resolution method that allows couples to part ways amicably and cost-effectively — while deciding the outcome of their case between themselves. In Part 1 of this two-part blog series discussing collaborative divorce, we will explain what the collaborative process is, how it works, and the benefits it offers.

What is the Collaborative Divorce Process?

The collaborative divorce process is a method that can be used to divorce without involving a judge or engaging in lengthy court proceedings. When couples choose to utilize this process, they can negotiate all the terms of their divorce and tailor a resolution that meets their individualized needs. With the help of their attorneys and the team of collaborative professionals they assemble, a couple can work together to determine property division, alimony, debt allocation, child custody, and child support — and reach a settlement that they both find acceptable.

How Does the Collaborative Divorce Process Work?

There are several steps in the collaborative divorce process and a number of meetings will be held throughout the process. Typically, the parties will meet with each other, their collaborative attorneys, and members of the collaborative team to identify issues in the case and discuss how they can be resolved. Importantly, spouses will be given the tools they need to communicate and understand each other’s viewpoints. The objective of collaborative divorce is to find a win-win solution that works for both parties.

Here is a basic outline of the steps in the collaborative divorce process:

1. Ensure both parties are willing to participate — The collaborative divorce process must start with a conversation between the spouses to ensure they are both willing to participate. If either party does not wish to take part in the process, it will not work.
2. Retain a collaborative attorney for each spouse — Each spouse will need to retain their own attorney for the collaborative divorce process. The parties and their attorneys will sign a collaborative participation agreement. Once the collaborative participation agreement is signed, if the parties cannot reach an agreement in the collaborative process, the attorneys will be required to withdraw from the case, and the spouses must find new counsel for litigation.
3. Assemble the collaborative divorce team — The collaborative divorce process involves a team of professionals that is assembled based on the issues that must be resolved in a case. It can include a financial professional, a divorce coach, a mental health professional, a child specialist, and other neutral professionals who can help the spouses find satisfactory solutions.
4. Exchange information — Both parties must make full disclosure and openly exchange all relevant information with each other, including information about their assets, debts, and income, in order to reach a settlement. Collaborative is designed to be a transparent and confidential out-of-court process.
5. Draft a settlement — After the parties have negotiated a settlement, the terms will need to be compiled into a formal Collaborative Separation and Property Settlement Agreement. This document must be signed by both parties and submitted to the court.
6. The divorce judgment is issued — Once the Collaborative Separation and Property Settlement Agreement has been submitted to the court, it will be reviewed by a judge who will determine whether it is fair. The judge will then sign the document, and it will become a binding order. Both parties are required to abide by the terms of the judgment.

At every stage of collaborative divorce, spouses must be transparent and agree to communicate respectfully. The spouses must also agree not to resort to litigation at any time during the process. Significantly, the collaborative process can allow for more creative and cost-effective outcomes than litigation. It can also reduce conflict and promote communication — which is essential for an effective co-parenting relationship in the future.

What are the Advantages of the Collaborative Divorce Process?

Curious about alternatives to traditional divorce? In Part I of our series, we break down the collaborative divorce process—what it is, how it works, and its benefits. Learn how this method offers a more amicable, cost-effective approach to ending your marriage. Discover if it’s right for you!

There are many advantages to using the collaborative divorce process. In addition to avoiding a contentious battle in the courtroom, collaboration allows spouses to remain in control of the outcome of their case. Rather than let a judge decide the issues, parties can structure their settlement in a way that works best for them and their family.

In addition, the collaborative divorce process can help to minimize the impact of divorce on children. With a focus on problem-solving, the process allows parents to prioritize the needs of their children by addressing potential issues early on and keeping family matters private. When parents work together with trained child specialists and other professionals, they can develop healthy co-parenting strategies that will model conflict resolution for their children.

Collaborative divorce helps to preserve relationships and places an emphasis on what will happen in the future, rather than the events of the past. Unlike traditional litigation, the collaborative divorce process allows couples to find creative solutions that will work for their unique situation. Often, a resolution can be reached faster than by litigating in the courtroom because the focus is on compromise rather than conflict.

Learn More About the Collaborative Divorce Process

The collaborative divorce process can offer many advantages, including efficiency, privacy, and cost-effectiveness. If you would like to learn more about collaborative divorce, an experienced divorce attorney can explain the process and discuss whether it is right for your case. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce lawyers are committed to helping clients find tailored solutions for their specific situations.

Contact Us for a Consultation

Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, at the Law Office of Shelly M. Ingram, we will help you reach an amicable resolution to your divorce matter. To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

If you are considering parting ways with your spouse, you may be wondering what the Maryland divorce residency requirements are. Although Maryland allows for no-fault divorce — which means that you do not need to prove anyone was at fault for the marriage ending — there are still a number of legal criteria that must be met before a judge will grant a dissolution of marriage. It is crucial to be aware of the requirements in place regarding residency before you file for divorce, regardless of whether your case is an uncontested or contested matter.

What are the Maryland Divorce Residency Requirements?

You are eligible to file for divorce in Maryland if either you or your spouse is a resident of the state. In the event the grounds for divorce occurred outside Maryland, either you or your spouse must have been a resident for at least six months at the time of the divorce filing.

Unlike other states that specify you must file for divorce in the county in which you live, the Maryland divorce residency requirements apply to the whole state. As long as either spouse has resided in Maryland for a period of six months or more, the divorce action can be filed in any county where the defendant has lived or worked, or the last place that the parties lived together as husband and wife.

Additionally, for issues involving custody, parenting time, and child support, your children’s home state must have been Maryland for a period of at least six months.

How to Prove Where You Live to Satisfy the Maryland Divorce Residency Requirements

When filing for divorce, you will need to prove that you satisfy the Maryland divorce residency requirements. You must also specify how long you have been a resident and include the address where you currently live in your divorce documents.

If you’re a new Maryland resident considering divorce, it’s essential to understand the state’s residency requirements. Maryland permits no-fault divorce, but specific legal criteria must be met before a judge can grant a dissolution. Understanding these requirements is crucial, whether your case is contested or uncontested. Contact us today to schedule a confidential consultation.

Courts will consider the following evidence of residency in a Maryland divorce:

• Voting registration — The place where you are registered to vote can help to support your claim of Maryland residency.
• Tax records — The state in which you pay your taxes can be used to demonstrate your residency.
• Mailing address — Where you receive your mail can be used to establish your place of residency.
• Location of your primary residence — The location of the house in which you primarily reside and where your belongings are kept is strongly indicative of your residency.
• Financial records — Residency can be shown through bank statements and other financial records that have your address on them.
• Driver’s license — If your current driver’s license has been issued by the state of Maryland, it can serve as proof that you live there.

If you have been a resident of Maryland only for a short time, it can be helpful to have a witness testify on your behalf concerning your residency in the state. Other evidence can include lease agreements, mortgage documents, utility bills, or a W-2 form.

Is There a Separation Requirement to Divorce?

If you satisfy the Maryland divorce residency requirements, you must also establish the ground upon which your divorce is based. While you do not need to prove marital fault to obtain a divorce, you must satisfy one of the following grounds:

• Six-month separation — There is no legal separation status in Maryland. However, to divorce based on the grounds of separation, you must show that you and your spouse have lived separately and apart continuously for at least six months prior to commencing the divorce action. You may still live in the same house as your spouse, but you must show that you live separate lives.
• Irreconcilable differences — When a divorce is based on irreconcilable differences, there are differences that cannot be resolved, which make it impossible for the spouses to continue the marriage. This can also be a contested ground for divorce.
• Mutual consent — A divorce in Maryland can be based on the mutual consent of the spouses. This requires signing a written agreement that resolves all issues related to custody, alimony, property division, and child support. This agreement can then be filed with the complaint for divorce.

While Maryland is no longer a fault-based state when it comes to divorce, and the prior grounds of adultery, desertion, criminal conviction, insanity, cruelty, and excessively vicious conduct have been eliminated, any one of these can serve as a basis to support a claim of irreconcilable differences. The courts in Maryland are also required to consider the circumstances that have contributed to the breakdown of the marriage when determining alimony, division of marital property, and attorney’s fees, so these factual issues may still be relevant to your contested divorce.

Learn More About the Maryland Divorce Residency Requirements

If you have questions about the Maryland divorce residency requirements, it’s essential to consult with an experienced divorce attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce lawyers are committed to providing you with the counsel and guidance you need through every step of the divorce process. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we will help you find a tailored solution for your specific situation.

To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Mediation is a form of alternative dispute resolution that empowers you and your spouse to make decisions about the outcome of your case out of court. However, once you and your spouse have reached an agreement, there are still additional steps that must be taken to finalize your divorce. If you’ve completed the divorce mediation process, you might be wondering what happens next. While we discussed what to expect during the mediation process in Part 1 of this blog series and how to prepare in Part 2, in this blog post, we will explain what happens after the divorce mediation process is over.

Draft a Written Agreement

Once you have reached an agreement with your spouse in mediation, the most challenging aspect of your divorce case is over. However, the terms of the agreement will still need to be compiled and memorialized in a signed, written settlement agreement. Your agreement should include provisions for all aspects of your divorce that were discussed and resolved in mediation, including the following:

• Property division
• Debt allocation
• Child custody and visitation
• Child support
• Spousal support
• Who will manage a family business
• How financial matters will be handled
• Who gets custody of the family pets

If there were certain aspects of your divorce that were unresolved during mediation, these issues will either have to be agreed upon at a later time or a judge will need to decide them in court.

Review the Settlement

After the settlement agreement is drafted, it’s essential to review the document with an attorney before it is signed or submitted to the court. This is a stage of the divorce mediation process that should not be rushed. It’s important to take the time to make sure that the terms of the agreement reflect what you discussed in mediation — and that you fully understand the terms. You should also consider any tax implications that could arise in connection with asset division and speak with an accountant if necessary, again - before the agreement is signed.

If you are uncomfortable with any of the terms of the settlement agreement, you can revisit the terms in a follow-up mediation or with the assistance of an attorney. In addition, if there are any mistakes in the agreement or provisions that should be added, deleted, or modified, the time to make the necessary corrections to ensure your rights are protected is before anything is signed.

File the Agreement and Wait to Receive Your Divorce Decree

In order for the mediation settlement agreement to be legally binding, it will need to be signed. In Order for the Agreement to serve as a basis for your Judgment of Absolute Divorce, it must be filed in court, along with the documents required to obtain an uncontested divorce. A judge will review the agreement to ensure the terms are fair to both parties, and in the best interest of your children. After a judge approves the settlement agreement, it will be merged (but not incorporated) into a binding court order - your Judgment of Absolute Divorce.

After you’ve signed your settlement agreement and submitted the agreement to the Court as part of a divorce filing, the last step of the divorce mediation process is to attend an uncontested hearing and receive your Judgment of Absolute Divorce. This Judgment is the document that finalizes your divorce. Once you have received the Judgment of Absolute Divorce, you can legally identify as divorced, get your former name back, transfer assets according to the decree, and remarry. If either party violates any terms of the divorce judgment, the other party can file a motion to legally enforce the terms of the settlement agreement. In the event the court finds that any of the terms of the order were violated, that party could be held in contempt of court.

Can You Change Your Divorce Settlement Agreement?

In the final post of this blog series, we’ll discuss what happens after the divorce mediation process concludes. At the Law Office of Shelly M. Ingram, we provide personalized guidance to help you navigate the complexities of divorce. Contact us today to schedule a confidential consultation with an experienced Maryland divorce attorney.

One of the biggest advantages of the divorce mediation process is being able to enter into an agreement that both you and your spouse are satisfied with and will be less likely to want to change. Importantly, you can’t simply change your mind after you have signed a settlement agreement reached in mediation. This is why it’s vital to carefully consider the terms of the settlement agreement you reached in the divorce mediation process.

Changing a divorce decree can be difficult, and sometimes impossible, unless both parties later agree to a change. The terms of a divorce settlement agreement must be followed. In the event that a change is required, you and your former spouse may be able to use the mediation process to negotiate any post-divorce modifications. In Maryland, child custody and child support are always subject to modification based upon a material change in circumstances.

While you can petition the court at any time for a change to a child custody, child support, or alimony order if your former spouse doesn’t agree with your request, certain legal requirements must be met. For instance, if there is a substantial change in financial circumstances, child support may be modified. Child custody may also be modified if family circumstances or a child’s needs change. But if your divorce agreement specifies that certain provisions (such as alimony) cannot be modified, you would not be able to change the terms unless you can show there was fraud or duress.

It is always easier and more cost-effective to reach an out-of-court agreement, if possible.

Learn More About the Benefits of the Divorce Mediation Process

The divorce mediation process can offer many benefits to spouses who are parting ways, including cost-effectiveness, efficiency, and privacy. At the Law Office of Shelly M. Ingram, we can best advise you regarding the mediation process and discuss whether it is right for your situation. Our divorce attorneys are committed to guiding clients through the legal and emotional process associated with divorce, whether mediation, litigation, or another form of alternative dispute resolution is the best avenue to pursue.

Contact Us for a Consultation

Trained in mediation, collaborative divorce, and traditional divorce, at the Law Office of Shelly M. Ingram, we will help you achieve a solution that will accomplish your objectives. To schedule a confidential consultation with an experienced Maryland divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.

Whether you were married for two years or two decades, starting over after divorce can feel overwhelming and stressful. While the legal process is over, you might be wondering where to start rebuilding your life. It’s important to be patient with yourself and take each day one at a time as you navigate the emotions you are feeling. However, there are a number of things you can do to stay productive and help you move forward.

Here are some tips for rebuilding your life after divorce:

1. Let Your Friends, Family, and Other Parties Know About Your Divorce

You may have kept quiet about your divorce while your case was pending. However, now that you’re newly single, it is time to tell your family and friends — as well as anyone else who may need to know for practical, legal, or financial purposes. For instance, you may need to inform your employer so that they can change your name or adjust tax withholdings; your bank to change the beneficiaries on your account; and your children’s school.

2. Review Your Judgment of Divorce

Often, a judgment of divorce contains a number of orders that require the spouses to take specific actions following the divorce. This can include closing joint bank accounts, distributing property, paying certain debts, or selling the marital home. It’s best to review the judgment carefully and ask your attorney if you have any questions. Make a list of the things that will need to be done in the coming weeks or months. Significantly, failing to comply with a court order can lead to contempt charges being filed against you by your spouse.

3. Revise Your Estate Plan

After your divorce has been finalized, review your estate plan to remove your spouse and make any necessary changes to the documents. You will probably want to update your beneficiaries, choose a new power of attorney, and revise your last will and testament. In addition, if you named your former spouse as the executor of your estate, you will likely want to remove them.

4. Find a New Place to Live

Life after divorce can be challenging, but having the right counsel by your side can make a difference. At the Law Office of Shelly M. Ingram in Fulton, Maryland, our dedicated divorce lawyers are here to support you through this transition. Whether through collaborative divorce, mediation, or traditional litigation, we will work closely with you to find a tailored solution for your unique situation. Schedule a confidential consultation with us today to start turning the page to a new chapter in your life.

You might want to start fresh in your life after a divorce. This may involve finding a new place to live in a different town or even another state. Whether you will be buying a new home or renting, it’s vital to consider your options — and whether you want to use the transition during life after divorce for a change in your surroundings.

5. Open New Bank Accounts

Following your divorce, you should open new accounts and close any joint accounts. Transfer your share of any assets into the new account. Contact your credit card company and remove your spouse’s name as an authorized user of any of your credit cards that they were on. This will help you regain your financial independence, and you can also begin the process of reevaluating your financial goals.

6. Find a New Hobby or Activity

One of the best things you can do for yourself in your new life after divorce is find a new hobby or activity. Join a group, a book club, or an exercise class that will get your mind off the past and foster new interests. It can also be a great way to boost your mood, make new friends, and meet people in your community.

7. Get the Emotional Help You Need

You may be feeling a wide range of emotions after divorce, including anger, sadness, grief, anxiety, guilt, and stress. Taking the right steps to emotionally heal after divorce is crucial. Whether you join a support group or seek individual counseling, getting the help you need can help you resolve the pain you are feeling and process your emotions. It can also provide a safe space where you can reflect on your marriage and identify any negative thought patterns and behaviors moving forward.

8. Start Rebuilding Your Credit

If your credit was connected to your spouse’s — or bad financial decisions were made during the marriage — you may need to work to rebuild your credit after divorce. Open a new credit card in your own name, use it on a regular basis, and pay it off immediately. This can help you establish your credit and a financial history apart from your former spouse.

Contact an Experienced Maryland Divorce Attorney

Life after divorce can be challenging, but having the right counsel by your side through the process can help ensure your transition is successful. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce lawyers are dedicated to helping you navigate the divorce process as you turn the page to a new chapter in your life. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we will work closely with you to find a tailored solution for your specific situation. To schedule a confidential consultation with an experienced Maple Lawn divorce attorney, call us at (240) 652-2596">(240) 652-2596 or contact us online.