Blogs from 2025

Key Takeaways

• Negotiation can offer a cost-effective, efficient, and less contentious way to divorce.
• The negotiation process typically involves a series of offers and counter-offers until an agreement is reached.
• Once the divorce settlement agreement has been reached, it is submitted to the court to become a binding order that must be followed by both parties.

Negotiating a divorce is a way to resolve issues that need to be determined without resorting to litigation. Whether you use a mediator or your attorney engages in negotiations directly with your spouse’s attorney, settling your divorce through negotiation can allow you to control the outcome of your case and sometimes avoid the court process entirely. Importantly, by working with your partner to negotiate a divorce settlement, you can reduce conflict, part ways more amicably, and lay the groundwork for a more positive future co-parenting relationship.

Here are the basic steps involved in negotiating a divorce settlement:

Preparing for Divorce Settlement Negotiations

The first step involved in the divorce settlement process is to exchange information that you and your spouse may need to understand each other’s assets and financial circumstances. This can include bank and credit card statements, paystubs, tax returns, property deeds, and any other documents that reflect the assets owned and debts incurred. This background information can help you and your attorney get a complete financial picture so they can best advise you regarding your rights and ensure a fair settlement is reached.

Defining Your Goals

Before you negotiate a divorce settlement, it’s crucial to define your goals and articulate your priorities in advance. We often recommend that clients think ahead to what they want their future to look like and consider what they need to feel secure. It can be helpful to decide where you’re willing to compromise and what is non-negotiable in advance, and remain flexible. Your attorney can assist you with developing a strategy to help ensure your needs are prioritized in crafting a creative settlement.

Initial Proposal

In an initial divorce settlement proposal, one spouse will make an offer to the other regarding terms for the divorce. The issues that must be covered include property division, debt allocation, child custody and support, as well as alimony. It is not uncommon for the first proposal to be more aggressive than what might otherwise be a reasonable final settlement. This is a negotiation tactic to gauge the other spouse’s resolve and to leave room to negotiate alternate terms. A spouse is not obligated to accept the proposed terms, and in those circumstances, a counteroffer is anticipated.

Counter Proposal

The counter proposal is both a response and a rejection to the initial divorce settlement offer. If you are the spouse making the counteroffer, your attorney can help you strategize an effective response. Although you should aim high to achieve your desired results, you will also have to remain realistic and nimble. Your attorney can help you remain objective while strategically advancing your goals.

Reaching a Compromise

It is not uncommon when you negotiate a divorce settlement for there to be a few rounds of competing proposals, in addition to some amount of back and forth. At times, depending upon the complexity of your case and the information that is readily available, the process can take weeks or even months. Your attorney will communicate with you during this time to explain your options, obtain your input, and inform you of the offers made. Your attorney will then negotiate with your spouse’s attorney based upon the instructions you have authorized. Notably, your attorney must obtain your consent before making critical decisions. Your attorney cannot force you to settle on terms you disagree with and must be clear on your intent. If your attorney is unable to assist you in reaching a compromise with your spouse, your case will need to be decided by a judge.

Drafting a Settlement Agreement

Once you and your spouse have reached an agreement regarding the terms of your divorce, a written settlement agreement must be drafted. This document will incorporate and reference the issues that have been determined with specific details to avoid the potential for future disputes over ambiguities. You will review the settlement with your attorney to ensure you understand it and that the terms are acceptable to you. Both spouses must sign and date the document.

Submitting the Settlement Agreement to the Court

After the divorce settlement agreement has been drafted and signed, it must be submitted to the court. A judge will review the document to ensure it is fair and protects the best interests of any children of the marriage. Once the judge approves the settlement, it will be incorporated, but not merged, into the final divorce judgment and become a binding order that must be followed by both spouses. If either spouse fails to adhere to the terms, the other spouse can bring a motion to compel compliance or ask the Court to hold the spouse in contempt of court.

Contact an Experienced Maryland Divorce Attorney

Settling your divorce through negotiation can allow you to legally end your marriage more cost-effectively and efficiently than litigation. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys work closely with you to help ensure that you understand your legal options and the best strategies to employ to achieve your desired outcomes as part of the divorce process.

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.

After a divorce or separation, you may be wondering how you will share parenting responsibilities with your former spouse or partner. Co-parenting and parallel parenting are two distinct shared parenting methods that can allow you and your ex to both have meaningful time with your children and ensure their best interests are met. It’s essential to understand the difference between co-parenting and parallel parenting to determine which approach will work for your situation.

Key Takeaways

• Co-parenting is a structured parenting approach in which both parents work together to raise their children after divorce or separation.
• Parallel parenting involves minimal communication and interaction between parents, and is best for high-conflict situations.
• You can start with parallel parenting and switch to co-parenting once your relationship with your ex stabilizes.
• A mediator or coach can be instrumental in helping you overcome challenges to ensure a successful co-parenting relationship.

What is Co-Parenting?

Co-parenting is a form of shared parenting in which you and your ex work together. Although you are no longer a couple, with a co-parenting arrangement, you are still a unit for the purpose of raising your children. This structure of parenting involves teamwork, respectful dialogue, cooperation, and shared responsibility. While co-parenting involves frequent communication, the ability to compromise, and some level of amicability, this approach may not work if your situation is high-conflict or if you and your ex are contentious.

In the event parents no longer live in the same household, cooperative co-parenting is the next best arrangement for raising children, whenever possible. It offers a stable and supportive environment for children, which can help boost their self-esteem and have a positive impact on their mental health. When children see their parents overcoming conflict and working together, it can provide a positive example and help them develop a strong sense of emotional security.

What is Parallel Parenting?

In contrast with co-parenting, parallel parenting involves little communication and minimal interaction between parents. Rather, you and your ex would raise your children in your own way, in your separate households. You would attend your children’s events separately and set your own rules in the home, without consulting with your ex. Communication in this structure is limited only to the logistics of the custody arrangement. Parents can still make shared decisions regarding healthcare, education, and other important matters, but these issues can either be predetermined in a parenting agreement or discussed through a parenting app.

It’s important not to resort to parallel parenting simply because it may be the easier option to avoid conflict. Co-parenting can still work if there is some discord between you and your ex, but it may require more effort. The parallel parenting approach is best reserved for situations where there has been domestic abuse or attempts at collaboration have continuously failed. Significantly, if you started with a parallel parenting relationship, you can always transition to co-parenting over time as your relationship with your ex stabilizes.

How to Determine Which Parenting Approach Best Fits Your Needs

Shared parenting isn’t a one-size-fits-all approach. There are many factors to consider when deciding which structure will work best for your family, including your own mental health and the best interests of your children. While you don’t need to be best friends with your ex in order to have a successful co-parenting relationship, you need to be realistic about your ability to communicate with them. A parallel parenting approach might better fit your needs if there is the potential for continued conflict that is detrimental to you and your children.

Some questions you should consider when determining whether co-parenting vs. parallel parenting is right for your situation include the following:

• Can you and your ex be civil to discuss parenting issues?
• Do your parenting styles align to ensure the children have consistency?
• How much do you want to communicate with your ex?
• How important is it to you to work together with your ex to parent?
• Can you and your ex attend school meetings and events together without conflict?
• Are either of you unwilling to respect the other’s boundaries?
• Which approach is more likely to keep conflict to a minimum for the benefit of your children?

Regardless of whether you choose the co-parenting vs. parallel parenting approach, it’s critical that you have the support you need to be successful. A coach or mediator can help you and your ex overcome challenges with communication, work with you to develop an effective parenting plan, and proactively address issues that can lead to disputes. They can also provide a safe environment to process your emotions, identify your boundaries, and help ensure your focus remains on your children while co-parenting, rather than the conflict with your ex.

Contact an Experienced Maryland Family Law Attorney

If you are wondering whether a co-parenting vs. parallel parenting approach is right for you, a knowledgeable family law attorney can best advise you. At the Law Office of Shelly M. Ingram, our Fulton, Maryland family law attorneys provide compassionate counsel and trusted representation for divorce and a variety of family law matters. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (240) 652-2596">(240) 652-2596 or contact us online.

After you divorce or separate from your ex, you may be wondering how to introduce your kids to a new partner. Children often feel a wide range of complex emotions when their parents start dating new people, and it’s crucial to ensure you handle the initial introduction with care. By putting the best interests of your child first, you can help ensure a positive introduction as everyone navigates this new dynamic.

Here are some tips on how to introduce kids to a new partner:

Review Your Custody Agreement

When considering how to introduce your kids to a new partner, you should first review your custody agreement. Sometimes, parents choose to include clauses that specify the rules and timelines for introducing new partners. These types of clauses may also require notice to the other parent, prohibit overnight stays with the new partner, and set parameters for appropriate behavior in front of the children. By establishing these guidelines from the outset, you can help reduce conflict with your co-parent and provide clarity for how the meeting should be handled. You can also ensure you prioritize the best interests of your children.

Always Put Your Children First

First and foremost, always put your children first. It’s normal for children to feel a wide range of emotions when a parent starts dating someone new. You should never risk your relationship with your children for a new partner. Keep your children’s routines the same. Spend quality time with your child without your new partner to continue the same bond you’ve always had with them. When your child knows they come first, they will feel emotionally secure and be able to handle the changes more easily.

Discuss the Introduction with Your Co-Parent

Regardless of whether your custody agreement requires it, you should discuss the issue of how to introduce your kids to a new partner with your co-parent. Having this conversation can promote a healthy co-parenting relationship, prevent misunderstandings, and ensure the process goes smoothly. If your co-parent finds out about the meeting from one of your children, they may feel hurt or betrayed. Being blindsided may lead to a co-parent filing for a custody modification.

Wait Until You Are Certain You Are in a Committed Relationship

Introducing your children to a new partner too soon can lead to significant emotional stress for them. Depending on their age, they might be confused, angry, jealous, or fear that they may be replaced. On the other hand, if your relationship suddenly ends and your children have developed a strong bond with your new partner, they may face grief, sadness, anxiety, and other emotional challenges. As a general rule, it’s best to wait for the introduction until your relationship is stable and has lasted a significant amount of time. Most experts recommend waiting six to twelve months before arranging the first meeting with your children.

Talk with Your Children Before the Introduction

Know when your children are ready to meet your new partner. Don’t force the introduction. Depending upon when your divorce took place, they may still be healing. Talk with your children in an age-appropriate manner before introducing them to your new partner. Give them space to ask questions and share their feelings.

Reassure Your Children

When a new partner comes into the picture, your children may become anxious and be afraid they will lose your affection. Reassure your children that no matter what, you and your co-parent will always love them and nothing will change that. Emphasize that your new partner is not a replacement, but an addition to your lives. Let them know that any emotions they have are valid, and they can always talk with you about their feelings.

Choose a Neutral Location

When thinking about how to introduce your kids to a new partner, it’s important to choose a neutral location where everyone can be relaxed. Start with a short and casual meeting, such as at an ice cream parlor or park. For subsequent meetings, you might plan activities that your child enjoys. If your child is older, ask them where they’d like the introduction to take place. It’s best to wait until your child is comfortable with your new partner before bringing them into your home.

Consider Family Counseling

Knowing how to introduce kids to a new partner can be difficult. You may consider discussing these matters with a counselor who can help you time the introduction correctly and ensure your children’s best interests are prioritized. In addition to providing a foundation for a successful introduction, a counselor can also provide support if your children have had strong emotional reactions to your new partner. Family counseling may be a good idea to help your children manage any feelings of anxiety or insecurity they might have.

Contact an Experienced Maryland Family Law Attorney

If you are facing a child custody matter, it’s essential to have a skillful family law attorney by your side who can best advise you regarding your specific situation. At the Law Office of Shelly M. Ingram, our Fulton, Maryland family law attorneys provide trusted legal services for divorce and a wide range of family law issues. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation and learn how we can help, call us at (240) 652-2596">(240) 652-2596 or contact us online.

From making joint decisions, coordinating schedules, and communicating effectively, co-parenting can be an emotional and logistical challenge. However, there are a number of co-parenting apps that are available to help co-parents manage communication, stay organized, and keep emotions out of the equation. These tools can provide co-parents with a neutral platform to reduce conflict and prevent misunderstandings, even in contentious child custody matters.

Some of the major benefits of using a co-parenting app to navigate your custody situation can include the following:

Help Keep Co-Parents Organized

Sharing parenting responsibilities across two different households can be difficult. Parents need to be on the same page about scheduling and child-related finances. They also need to have access to important information about the child’s education and healthcare to be able to make shared decisions.

Co-parenting apps with the following features can help reduce some of the stress that can come with trying to stay organized:

• Shared calendar: Shared calendars can help ensure both parents are kept in the loop about the child’s after-school activities, appointments, and special events. It can also ensure parents can easily track custody exchanges and parenting time.
• Expense tracking: Parents can log and track all child-related expenses to ensure fairness when splitting costs for things such as medical bills, tuition, extracurricular activities, and other costs.
• Document storage: Co-parenting apps can be used to store medical records, school records, and other documentation so that both parents can easily access the information.

Some apps also have an “info bank” that can allow for quick access to important information regarding a child’s allergies, immunizations, photos, and medical history.

Minimize the Need for Direct Communication Between Co-Parents

One of the biggest benefits of using a co-parenting app is that it minimizes the need for direct communication between parents. Not only can communicating with a co-parent through an app reduce the potential for conflict, but it can also help prevent misunderstandings. In addition, if tone is an issue in texts or emails, there are co-parenting apps available that use artificial intelligence to detect whether a message sounds too confrontational or contains hostile language.

Keep Emotions Out of Day-to-Day Custody Issues and Decision-Making

Co-parenting apps can allow parents to keep emotional distance from each other. Rather than a parent reacting in the moment to their co-parent over the phone or through text, an app can serve as a “digital buffer.” By providing a platform to structure (and limit) communication, a parent can take the time they need to craft a thoughtful response that focuses on their child, rather than on the conflict with their co-parent.

Increase Accountability for Co-Parents

By maintaining a log of all communications between co-parents, an app can help ensure each parent is held accountable for their responsibilities and actions. All activity in the co-parenting app is time-stamped and cannot be edited, reducing the potential for one parent to claim the conversation was different than the one that occurred. Some apps even provide “read” receipts to prevent ignored messages.

Create a Record for a Contentious Custody Case

Co-parenting apps can create a documented record of all communications and interactions between co-parents. These records can be used in court in the event of a custody dispute to demonstrate what was said and when. Co-parenting apps can offer crucial evidence against false claims. They can also be used to substantiate a claim. Specifically, co-parenting apps can provide an unalterable and objective record that shows either proof of compliance with the parenting plan or a parent’s violation of the custody order.

Keep a Child Out of the Middle of Parental Conflict

Co-parenting apps can facilitate direct communication between co-parents without the need for involving the child. By centralizing communication and ensuring it remains private, a co-parenting app can help keep a child from witnessing conflict between their parents. It can also prevent parents from using the child as messengers to relay information between houses, which can cause stress, anxiety, and confusion for the child.

Promote a Healthy Co-Parenting Relationship

By providing a structured platform, ensuring transparency, and reducing the potential for misunderstandings that can lead to conflict, a co-parenting app can help to promote a healthy co-parenting relationship. Co-parenting apps can help encourage respect, improve communication, and create a supportive environment for a child.

Contact an Experienced Maryland Family Law Attorney

If you are facing an issue concerning child custody or parenting time, a knowledgeable family law attorney can help you find solutions and ensure the best interests of your child are met. At the Law Office of Shelly M. Ingram, our Fulton, Maryland family law attorneys provide compassionate counsel and reliable representation for divorce and a wide range of family law matters. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. To schedule a confidential consultation, call us at (240) 652-2596">(240) 652-2596 or contact us online.

If you’re considering parting ways with your spouse, you may be wondering what the difference is between an uncontested and a contested divorce. While the result is ultimately the same in that a judge will issue a decree that legally terminates your marriage, the type of divorce you choose will determine how your case moves forward. With an uncontested divorce, spouses reach an agreement on issues that need to be decided between themselves — in a contested matter, a judge determines the outcome for any issues that cannot be agreed upon by the spouses.

What is an Uncontested Divorce?

An uncontested divorce is one in which spouses agree on all the issues that need to be determined to legally end their marriage. Even if a divorce begins as a contested matter, it can be completed as an uncontested case if spouses reach a settlement after the initial paperwork has been filed. Mediation and the collaborative process are two forms of alternative dispute resolution that can allow you and your spouse to resolve the issues of property division, alimony, child custody, and child support outside the courtroom. In the event any issues cannot be resolved without judicial intervention, the case will be considered a contested matter — and proceed through the litigation process.

Mutual Consent Divorce

Couples who agree on all the issues that need to be determined before filing their divorce complaint can proceed with a “mutual consent divorce” in Maryland. This streamlined process is a type of uncontested divorce that is cost-effective and efficient — it can also allow you to divorce more amicably. In addition, there are no fault grounds that need to be established or waiting periods. However, there are specific requirements in order to qualify for this form of uncontested divorce, including the following:

• You must include a signed, written settlement agreement with your divorce filing.
• The agreement covers the issues of property division, alimony, and if applicable, child custody and support.
• You must show the court that neither spouse changed their mind between the time the settlement agreement was signed and the date the divorce hearing is scheduled.

After the mutual consent hearing in court, a judge will issue the Judgment of Absolute Divorce. The terms of the settlement agreement you entered into with your spouse cannot be altered once it has been entered, except where there has been a “material change in circumstances” concerning child custody or support. It’s essential to consult with a divorce attorney before signing a settlement agreement or proceeding with a mutual consent divorce to ensure your legal rights and financial interests are protected.

What Does a Contested Divorce Mean?

A contested divorce is one in which the spouses do not agree on one or more of the major issues that need to be determined in order for a judge to sign the final judgment. Since it can involve a considerable amount of discovery, the process for a contested divorce is typically much longer and more costly than that for an uncontested matter. If the issues can’t be resolved through negotiation attempts during the litigation process, a trial will be held. At trial, a judge would decide any disputed issues based on the evidence presented and the testimony of the parties.

Notably, alternative dispute resolution is still available in contested divorce cases — and these methods can often help spouses transition from a contested matter to an uncontested divorce. In fact, judges encourage the parties to settle the issues in their case between themselves.

Is an Uncontested vs. Contested Divorce Better for My Situation?

Whether an uncontested vs. contested divorce is better for your situation will depend on the specific facts of your case. Under the right circumstances, there can be many advantages to proceeding with an uncontested divorce. Importantly, it allows you and your spouse to remain in control of the outcome of your case, rather than letting a judge decide. Moving forward with the uncontested process can also reduce the costs associated with litigating your divorce, save you time, and minimize the stress that can often come with a lengthy courtroom battle. It can be better for your children as well — by working together with your spouse to part ways amicably, you can demonstrate positive role modeling, conserve financial resources, and minimize disruptions to your children’s routines.

Although it can offer a number of advantages, uncontested divorce isn’t right for every case. If your spouse isn’t willing to cooperate, refuses to settle, or there is a power imbalance, a contested divorce may be your only option. Filing for a contested divorce can ensure you have the legal protections you need if you suspect your spouse is concealing assets or if domestic violence has been an issue in the marriage.

Contact an Experienced Divorce and Family Law Attorney

If you’d like to learn more about uncontested vs. contested divorce — and which type of divorce is best for your situation — a knowledgeable divorce and family law attorney can help. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys work closely with our clients and help ensure they understand their options. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation.

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 remarry after a divorce, you may be wondering how child custody or child support might be impacted. While remarriage alone does not automatically change a custody order already in place, a court might grant a request for modification of custody if there has been a “material change in circumstances” that affects the child. Similarly, when it comes to child support and remarriage, any existing child support obligation will not change based on remarriage alone. However, if there are material changes in either parent’s financial situation because of the remarriage, or the financial needs of the child, the change in financial circumstances prompted by the remarriage may be grounds for a modification of support.

Remarriage and Child Custody

The best interest of the child is the legal standard that is applied to all child custody matters in Maryland, including those involving child custody or child custody modification and remarriage. While remarriage itself does not affect custody, a judge might determine that a custody arrangement should be altered if there are certain factors that would negatively affect your child’s health, safety, or welfare. If your new spouse was abusive toward you or your child, or has a substance abuse issue, a judge might order that the current custody arrangement be modified.

To modify an existing custody order, the parent requesting the change must establish that there has been a material change in circumstances since the last order was entered. Some of the factors a judge would consider when determining whether a custody order should be changed after a parent’s remarriage can include the following:

• The child’s relationship with the new spouse
• Whether the new marriage provides a less stable environment for the child
• A parent’s relocation and how it impacts the child’s relationship with the other parent
• Any changes regarding the fitness of either parent
• The willingness of the parents to cooperate when it comes to custody matters
• Whether the child’s needs are being met
• The preferences of the child (if they are old enough)
• The existence of other children in the household

In many cases, a parent’s remarriage can be beneficial for a child. Stepparents develop strong bonds with their stepchildren —and a child may be provided with increased emotional stability and physical well-being.

Relocation and Remarriage

Relocation can be a significant factor when it comes to modifying child custody arrangements. If the distance between you and your former spouse changes significantly due to remarriage, it may trigger a need to review your existing custody order and access arrangements.

Under Maryland law, if the custodial parent is planning to relocate with the child to a location that would impact the existing access schedule, he or she must provide at least 90 days’ notice to the other parent and provide an opportunity to object in court. If the noncustodial parent does not consent to the child’s relocation, a judge would determine the outcome of the case by applying the best interests of the child standard. Keep in mind that it can take months for a custody modification to process through the Court’s system.

Child Support and Remarriage

When it comes to child support and remarriage, a new spouse’s income is not considered unless they legally adopt the child. However, this would require the biological parent to relinquish their parental rights. The non-custodial parent would still be required to make child support payments to the custodial parent if either remarried. The amount of child support ordered would not be reduced based on a new spouse’s income.

There is a narrow exception to the general rule that remarriage does not impact child support obligations. If the paying parent’s new spouse pays a parent’s financial obligations (for example, health insurance for a minor child), the parent may have more financial resources available — and a court may award a modification based on their ability to contribute more toward child support.

Maryland’s Multifamily Adjustment

As of October 1, 2025, a new law went into effect in Maryland that could impact child support if you or your former spouse decides to remarry after divorce. The multifamily adjustment permits a parent to receive an allowance for children living in their home who they are legally obligated to support — and are not included in the current child support order. In order to receive the adjustment, the child must spend at least 92 overnights a year with that parent.

For instance, say a parent is currently in court for a child support matter, and they have two younger children from a previous relationship living with them who are not subject to a child support order. They would have their income reduced by an allowance for those two children before support is calculated for the child in the pending case. The intention of the new law is to provide for a more realistic calculation of payments by considering a parent’s overall financial obligations. However, it may potentially result in some families seeing smaller payments.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you have concerns about child custody or child support and remarriage, it’s important to consult with a knowledgeable family law attorney who can best advise you regarding the facts of your situation. At the Law Office of Shelly M. Ingram, our Fulton, Maryland family law attorneys provide compassionate counsel and trusted representation for a wide range of family law matters. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation and will discuss the options available to you. We will work closely with you in your case to reach the best possible outcome for you and your children.

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 bring many economic challenges — and you may be wondering whether filing for bankruptcy can offer you the fresh financial start you need. Although you can file for divorce and bankruptcy at the same time, doing so may not have the impact you intend. Significantly, not all debts can be discharged in bankruptcy, including those ordered to be paid in connection with the divorce proceedings.

Can You File for Divorce and Bankruptcy at the Same Time?

If you or your spouse incurred substantial debt during the course of your marriage, you might be considering whether filing for divorce and bankruptcy at the same time is a good idea. It’s not uncommon for spouses to incur a variety of debts during their marriage, including credit card debt, personal lines of credit, car loans, and mortgage payments.

Just as marital property must be equitably divided between spouses in divorce, marital debts must also be allocated and discussed as part of the dissolution of a marriage. The courts will address debts that are directly traceable to the acquisition of marital property. For instance, a judge may order that a spouse take full responsibility for an auto loan if he or she is getting the car or make mortgage payments on a former marital home in the divorce decree.

The Impact of the Bankruptcy Automatic Stay on Divorce

If you are considering filing for divorce and bankruptcy, it’s best to proceed with either the divorce or bankruptcy action first. This can help avoid the legal complications that can arise if both cases were brought at the same time. When a bankruptcy case has been commenced, it’s essential to understand that an automatic stay goes into effect.

Once you are in bankruptcy, the Court is precluded from making legal determinations about property that is subject to the bankruptcy proceedings. While the divorce case can proceed with resolving issues such as child custody, child support, and spousal support, marital assets cannot be divided until the bankruptcy case has concluded. Bankruptcy could potentially delay the divorce proceedings.

Filing for Joint Bankruptcy vs. Individual Bankruptcy

If you and your spouse have a large amount of marital debt, a joint bankruptcy filing can potentially wipe out all dischargeable marital debts that are owed by both of you — as well as your individual debts. However, it’s vital to be aware that a Chapter 7 bankruptcy can remain on your credit report for up to ten years, whether you file jointly or individually.

A Maryland family law judge will not reassign separate debts from one spouse to the other in divorce. Ultimately, a joint bankruptcy filing may not be the best way to proceed if there are few marital debts to be divided in divorce, and your spouse has many individual debts. It also may not be a viable option if you and your spouse are contentious and would not be able to cooperate during the bankruptcy proceedings.

Filing for Chapter 13 Bankruptcy and Divorce at the Same Time

If you do not qualify for Chapter 7 bankruptcy, you may have the option to file for Chapter 13. This type of bankruptcy filing allows you to reorganize your debt. However, there is a long repayment period of three to five years. This means that if you file jointly with your spouse before divorce, you would be involved in the legal process with them for a lengthy amount of time — and you would also be required to communicate with them. If you would rather settle your property division matters and move on to the next chapter of your life, this may not be the best course of action for you.

Can Divorce Debts Be Wiped Out in Bankruptcy?

Not all debts can be erased by filing for divorce and bankruptcy at the same time. Domestic support obligations ordered in divorce, such as alimony and child support, are considered priority debts. This means they cannot be wiped out in bankruptcy — and these obligations must continue to be paid once the automatic stay goes into effect.

In addition, if your spouse files for bankruptcy after the divorce has been finalized and the divorce decree assigns a debt to them, the creditor can still pursue the debt against you if your name remains on the account. It’s crucial to carefully review the divorce judgment to determine what is considered a domestic support obligation or a property settlement, to know what would be discharged if you or your spouse decides to file for bankruptcy following divorce. A knowledgeable divorce attorney can help you take proactive measures to safeguard your financial interests post-divorce.

Contact an Experienced Maryland Divorce Attorney

If you are wondering how filing for divorce and bankruptcy at the same time would impact your matrimonial matter, it’s best to consult with an experienced divorce attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys assist clients facing divorce with property division and debt allocation. All of our attorneys are trained in collaborative divorce, mediation, and traditional divorce litigation. We will work closely with you to find a strategy that will help you achieve the best possible outcome in your 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.

Many people are familiar with what prenuptial agreements are. But if you don’t have a prenup, it's important to be aware that there is another type of agreement you can enter into to protect your assets. A postnuptial agreement is a contract that can be entered into at any point during your marriage if you anticipate divorce or you want clarity regarding the way in which your finances and property will be managed and owned. While both contracts can accomplish similar objectives in Maryland, the main difference between a prenuptial agreement and a postnuptial agreement is timing. Specifically, a prenup is signed before the couple is married — a postnup can only be signed after marriage.

What is a Prenuptial Agreement?

A prenuptial agreement (often referred to as a “prenup”) is a legal contract entered into between a couple prior to marriage. It can outline the couple’s financial expectations for the marriage, establish their financial responsibilities, and determine how property would be divided if they legally part ways. Critically, if a couple later decides to divorce, a prenup can help avoid lengthy and contentious litigation over the division of assets.

Prenups aren’t only useful in divorce — they can cover a wide range of financial topics related to marriage. Prenups can be used to:

• Outline how financial matters will be handled during marriage
• Define separate and marital property
• Clarify how retirement savings will be handled in the event of divorce
• Specify who is responsible for certain debts
• Safeguard your business interests
• Establish alimony
• Determine pet custody matters

Prenups cannot be used to determine child support or child custody matters. In order to be valid and enforceable in the event of divorce, a prenup must be signed by both parties and entered into voluntarily. Both parties must also have made full financial disclosure and had the opportunity to consult with their own attorney (even if a person decides to sign without the benefit of counsel). If a judge finds that the prenup is unfairly one-sided or was entered into under duress, it may be deemed unenforceable and set aside. It can be very difficult to have a prenuptial agreement set aside once signed.

What is a Postnuptial Agreement in Maryland?

When determining whether a prenuptial agreement or a postnuptial agreement is right for your situation, it’s important to understand how each contract can be used. A postnuptial agreement is a contract that is entered into after the couple is married — as opposed to before the marriage takes place. A postnuptial agreement can address the same subject matter as a prenup, and the same rules for enforceability apply. Notably, if you did not sign a prenup, a postnup can be a second chance to protect your assets.

Postnuptial agreements can be beneficial in the following situations:

• Divorce is anticipated, and you did not protect your property with a prenup
• There have been changes in your financial circumstances
• Your financial goals have evolved
• You received an inheritance
• You started a new business during the marriage
• One spouse has incurred substantial debt
• There is a financial imbalance in the marriage

Like a prenup, a postnuptial agreement in Maryland can be used in connection with estate planning. It can clarify your spouse’s property rights and ensure that children from a previous marriage are provided for in accordance with your wishes.

What are the Pros and Cons of Signing a Prenuptial Agreement vs. a Postnuptial Agreement?

While both documents can effectively cover the same issues, if timing is not an issue - it’s vital to consider the pros and cons of entering into a prenuptial agreement vs. a postnuptial agreement. While marriage is an economic relationship as much as it is an emotional one, a prenup can help ensure you and your future spouse are on the same page when it comes to finances before you are bound by Maryland law. This can help reduce contention over these matters during your marriage.

It’s best to safeguard your property from the start. Even with the option to execute a postnup, if you do not enter into a prenup, you are essentially leaving your assets unprotected. However, if you acquire assets you had not anticipated or your financial situation evolves during your marriage, a postnup can address these changes and protect the new assets.

Although they can serve a similar purpose and offer a similar protection, courts tend to scrutinize postnuptial agreements in Maryland more than prenups. A prenup is signed when the couple still has the option to not marry — with a postnup, the couple is already married, and one spouse might have more financial control than the other. Courts want to ensure a spouse was not pressured into signing a postnup just because they feel as if they are financially dependent or wish to avoid conflict within marriage.

Contact an Experienced Maryland Divorce and Family Law Attorney

If you would like to learn more about whether a prenuptial agreement or a postnuptial agreement is right in your situation, it’s best to discuss your specific circumstances with a knowledgeable divorce and family law attorney. At the Law Office of Shelly M. Ingram, our Fulton, Maryland divorce attorneys provide our clients with high-quality legal services for a wide variety of divorce and family law matters — including drafting, negotiating, and litigating prenuptial and postnuptial agreements. Trained in collaborative divorce, mediation, and traditional divorce litigation strategies, we work closely with our clients to achieve favorable results 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.

Questions about money and support often weigh heavily on the minds of parents in divorce and custody cases. If you are a parent, it is important that you stay current and up to date on developments in the law that may impact the financial outcome of your divorce and/or custody case.

As of October 1, 2025, Maryland made some important changes to child support laws that may affect families involved in a pending or future divorce, custody, and/or modification of custody case.

Here’s what you need to know:

Multifamily Adjustment – Maryland revised the definition of “adjusted actual income”. Now, the Court can include an allowance for additional children in a parent’s home – this is a significant departure from the old law. The Court has discretion to include, or not, the additional children's allowance based on the best interest of the child at issue.

Houser v. Houser (2024) – is a recent case that stands for two important concepts:

• Parents cannot waive child support, even in cases that are uncontested. Child support is a right held by the child(ren), not parents.
• Parents are not able to bargain or negotiate away their duty to support their child.

Matter of Marriage of Houser (2025) – Following the Houser v. Houser case, this subsequent case further explains:

• Parents cannot waive child support if custody is brought before the Court for determination (even if child support was not brought up by either party).
• Parents have the right to determine the care, custody, and management of their child(ren). However, these rights do not include the right to waive child support. Child support is a right held by the child(ren), not parents.
• Parents’ inability to waive child support does not infringe on the parents’ other rights.
• If parents are able to prove to the Court that ordering child support would be unjust or inappropriate, the Court has the discretion to make exceptions to the waiver of child support. The Court can consider certain financial considerations between the parties related to the child(ren). Some of these financial considerations include terms about mortgage payments or other marital debts, payment for college education expenses, or any direct payments made for the benefit of the children agreed upon between the parties. Further, parents can request that the Court consider the expenses of other children they owe a duty of support to – although that cannot be the only reason they present to the Court.

At the Law Office of Shelly M. Ingram, our child support lawyers understand the ins and outs of the Maryland Child Support formula. If you need to establish, enforce, or modify child support, we invite you to contact our law office to schedule a confidential office consultation. We can educate you about what your child support order will cover and how to take advantage of changes to the law. We look forward to working with you to ensure that your child's needs are adequately provided for and that your rights are protected.

To schedule a confidential consultation with one of our experienced Maple Lawn child support attorneys, call us at (240) 652-2596">(240) 652-2596 or contact us online.