Family Law

The way Maryland residents get divorced will change this fall. The state legislature has passed new Maryland divorce laws that eliminate the state’s “limited divorce” procedure, and change the wait-times, as well as the legal grounds parties must prove to obtain an absolute divorce in Maryland. Here’s what you need to know:

Legislature Changes Maryland Divorce Laws

The Maryland Senate and General Assembly have passed a bill titled “Family Law - Grounds for Divorce.” Originally presented to the Senate on November 1, 2022, the bill, with amendments, was approved by both the House and Senate on April 10, 2023, and approved by Governor Wes Moore on May 16, 2023. It will go into effect on October 1, 2023. The new law means big changes for Maryland divorce attorneys and residents seeking to separate from their spouses, especially in three key ways.

Changes to Grounds for Divorce Under Maryland Divorce Law

Whenever a person wants to end their marriage, they must establish one of the statutory grounds (or reasons) for divorce under Maryland divorce law. As the name suggests, the “Family Law - Grounds for Divorce” bill changes those reasons in some pretty significant ways.

Take control of your divorce process with the help of our knowledgeable family law attorneys. We are well-versed in the latest Maryland divorce laws and will ensure your rights are protected. Schedule a consultation today to discuss your situation and explore your options for a favorable resolution that works for you and your family.

Under the old law, a person filing a complaint for absolute divorce was responsible for proving the divorce was appropriate based on one of the following legal grounds:

• Adultery
• Desertion
• Criminal convictions leading to jail/prison time
• 12-month separation
• Insanity
• Cruelty of treatment of excessively vicious conduct towards a spouse or child

Each of these reasons for divorce was based on a specific wrongdoing or conduct by the other spouse. If a person couldn’t prove their spouse did one of these specific things wrong or that they have lived separate and apart for 12-months, their complaint for divorce could be dismissed, and they would have to remain married.

In 2015, the Maryland legislature added a new grounds for divorce: Mutual Consent Divorce. This alternative to fault-based divorce allowed both parties to agree to file for divorce and skip the 12-month waiting period, as long as they also agreed (in writing) on everything else.

Now, Maryland’s divorce laws are being amended to remove the fault-based grounds for divorce entirely. Instead of proving that either spouse did anything wrong, a party seeking to be single must show one of the following:

• 6 months of separation, living separate and apart without interruption before the filing of the application for divorce
• Irreconcilable differences based on reasons stated in the complaint for absolute divorce
• Permanent legal incapacity to make decisions (due to physical or mental health) in certain circumstances

Maryland’s Mutual Consent Divorce statute will also continue to be an option for couples who agree on the terms of their divorce, or who go through the collaborative divorce process to resolve their outstanding issues prior to filing their complaint.

This is a big change because it recognizes that marriage relationships can fail without either party being “at fault.” It will make obtaining a divorce quicker (shortening the separation period from 12 months to 6 months). While it is not yet clear how courts will interpret “irreconcilable differences” the new law may also reduce conflict in many divorce actions, since neither party needs to be held at fault for the breakdown of the marriage. Elimination of the “blame” requirement is good for children of divorce, as it may make transitions easier for parents and children alike.

The new Maryland divorce law does not specifically prevent either spouse from raising fault-related issues. The Court will still be required to consider the reasons for the break-up of the marriage when considering alimony or property division. This means that survivors of domestic violence, or spouses wronged by their partners’ financial or moral decisions can still seek to protect their rights and their children’s rights, with a request that the Court consider the conduct in an effort to fashion an equitable result.

No More Limited Divorce in Maryland

Maryland divorce laws don’t contain a statute for legal separation like some other states – where couples can stay technically married but maintain separate lives. Instead, prior to the recent legislation, Maryland residents could file a complaint for limited divorce. In a limited divorce, the parties’ marital status didn’t change but the courts were able to address temporary issues between them such as:

• Child support
• Custody and visitation
• Alimony
• Joint financial obligations

Most often, couples would seek a limited divorce in anticipation of or at the time of separation and obtain orders that would control the parties’ behavior while waiting for the state’s 12-month waiting period to expire so they could file for divorce.

However, as of October 1, 2023, Maryland divorce law will no longer include limited divorce. The new law repeals the process entirely. The removal of this tool from family lawyers’ toolbox could make it challenging for families who are separated but not yet ready for divorce to maintain their households and support their children in the interim. This could make it harder for couples to fully separate, which may result in children being exposed to more conflict before the divorce proceedings can even begin.

Changes to When Spouses are Considered Separated

A third big change included in the law broadens what it means to “live separately.” Under Maryland’s old 12-month separation law, spouses were required to maintain entirely separate residences. Even a single night under the same roof could restart the clock and delay the parties’ ability to file for an absolute divorce.

The new law changes that. It specifies that parties who have “pursued separate lives” must be considered to have lived separate and apart, even if they are still living under the same roof. This will make it easier for parties to establish the 6-month separation requirement described above, even if they don’t have the money to maintain two separate households.

At the Law Office of Shelly M. Ingram, our divorce attorneys stay on top of changes to Maryland divorce laws. We know how to handle the coming changes and are ready to help our clients navigate the legal challenges ahead. We will help you consider your options leading up to your divorce, and help you establish the necessary grounds to obtain an absolute judgment of divorce. You don’t have to work through your divorce alone. We will help you protect your rights and find a solution that works for you and your family. Call (240) 652-2596">(240) 652-2596 or contact us today to schedule a consultation with an attorney.

A parenting plan is at the center of every Maryland custody case or divorce involving children. Whether you commit to a collaborative divorce, negotiate a settlement with your co-parent, or ask the Court to resolve your custody dispute, you will need to have a proposal for what you think your child’s custody and parenting time should look like after the case is over. So how do you choose the best parenting plan for your child? What do you need to think about before signing an agreement or heading to court?

What is a Maryland Parenting Plan?

At the Law Office of Shelly M. Ingram, our Maryland family lawyers can help you choose the best parenting plan for your children, advocate for custody on your behalf, or help you modify a visitation schedule that no longer works for you. Contact us today to talk to a divorce attorney about your case or schedule mediation.

In Maryland, a child custody agreement, allocation of parental responsibilities, and visitation schedule are combined into a single “parenting plan.” This parenting plan form can be written up by the parties, drafted by lawyers, or ordered by the Maryland Family Court after a trial or evidentiary hearing. It must be filed with the court any time a party asks the court to establish or modify child custody. 

A parenting plan is one part custody order, one part instruction manual for how your family will handle child-related issues. When well thought out and drafted, they can improve co-parenting and help you create a collaborative partnership with your child’s other parent, that reduces conflict and gives each parent the chance to propose and consider solutions to the everyday problems that come with raising children. Its uniform format makes it easier for court officers to understand the family dynamic, and the plan, making it easier for the parties to enforce the order or request modifications when necessary. (More on that later.)

Who Must Submit a Parenting Plan?

The Maryland courts require parties to submit parenting plans in any Maryland case involving the custody of a minor child. Most often, those parties are the child’s legal parents. But anyone who is seeking to create or maintain a parent-child relationship can be required to provide a parenting plan. That includes:

• Mother and fathers
• Biological fathers seeking to establish paternity
• Adoptive parents
• De facto parents (such as stepparents and non-biological partners who have played a parental role)
• Guardians (including custodial grandparents)

Joint Statements on Decision-Making and Parenting Time

If you and your spouse or co-parent are unable to agree on a parenting plan, then it is up to the court to decide your child’s custody and visitation arrangement. Instead of a parenting plan, you will file a “Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time.” This form informs the court that a custody hearing is needed, and outlines the issues where you agree and disagree. 

But just because you disagree doesn’t mean you can get out of choosing the best parenting plan for your child. The Joint Statement requires each party to propose their own resolution to the issues of:

• Parental responsibility and decision-making
• Parenting time and holidays
• Transportation and exchanges
• Communication between parents and children
• Child Care
• Other issues

Core Elements of a Maryland Parenting Plan

Your parenting plan can be as flexible, or as detailed as you need it to be. Some families prefer more general statements that allow for adjustments based on one parent’s work schedule, or another’s mental health challenges. Others benefit from the certainty of a definite and specific schedule. In either case, though, your Maryland parenting plan needs to contain certain core elements:

Parental Responsibility & Decision-Making Authority (Legal Custody)

This part of your parenting plan determines which parent (or parents) are in charge of making decisions about your child’s:

• Medical care
• Mental health
• Education
• Religious training
• Extracurricular activities

This includes the authority to choose medical providers and schools, and to sign your children up for activities, camps, and lessons (including driver’s training). You may choose to share these responsibilities, divide them up, or give one parent the deciding vote (what in some states is called “sole legal custody”). 

To determine the best parenting plan for your child, look at how you and your co-parent managed these decisions before your relationship turned sour. 

• Was one parent the one to make all the appointments? 
• Did you both attend parent-teacher conferences? 
• Does one parent have professional training (as a doctor or teacher, for example), that makes them better able to understand the child’s situation? 
• Does either parent have mental health or employment challenges that make it hard for them to respond to issues that arise?

Keep in mind that designating parental responsibility to one parent doesn’t prevent the other parent from having access to the child’s records, talking to teachers, or otherwise being involved in the child’s care and upbringing. Its primary purpose is to establish what happens when the two co-parents disagree on what is best for your child. 

It also doesn’t affect a parent’s ability to take the child to the ER or urgent care if they get sick or injured during parenting time. Instead, it can serve as a roadmap for anxious parents about what to do and who to call while you are waiting to be seen by a doctor. 

Parenting Time (Physical Custody)

The parenting time part of a Maryland parenting plan lays out where your children will spend their time on a regular basis. (In other states this may be called physical custody or a visitation schedule). When both parents live close to one another, you have a lot of flexibility in deciding the best parenting time plan for your child. You can customize your parenting time schedule as much as you want to make sure it addresses your child’s best interests and both parents schedules. If you are looking for a place to start, some common schedules include:

• Daytime-only visitation (generally reserved for infants or cases where one parent’s home is unsafe)
• Staying with one parent during the school week and the other on alternate weekends
• Switching homes on a week-on / week-off basis with a consistent exchange day each week
• Rotating two-week schedules with alternating weekday and weekend parenting times for each parent (sometimes called 2-2-3, 2-2-5-5, or 3-4-4-3 schedules, based on the consecutive overnights spent with each parent)
• Gradually increasing parenting time (often used when one parent has been absent from the child’s life for an extended period of time)

When deciding the best parenting time plan for your child, you should consider your child’s age and activity schedule, as well as your own needs. Younger children (even in grade school) tend to benefit from more frequent contact with both parents. Older children and teens often do better with fewer exchanges and a more flexible schedule. 

At the same time, your parenting time plan should realistically reflect each parent’s ability to spend time with the children while they are in their care. If one parent works nights, it may not make sense for that parent to be responsible for getting the children to school in the morning. If parents live 2 hours away, frequent exchanges could be expensive and time consuming. 

These considerations get especially difficult when one parent lives out-of-state, or is in active duty in the military. When distance prevents a weekly parenting time schedule, your parenting plan should instead carve out blocks of time when the non-custodial parent will have time with their children including: 

• Summer vacations
• School breaks (Christmas, Easter, Midwinter)
• When the non-custodial parent can visit the children’s home town

Holiday Visitation Schedules

Your parenting plan should also account for what happens on holidays and special occasions. It is important for your children to be able to take vacations and create holiday memories with both parents. Your parenting plan can make space for this by:

• Setting out a specific holiday schedule
• Dividing school breaks between parents
• Allowing each parent a certain amount of vacation time (with notice to the other parent)
• Creating a process for each parent to request adjustments for special occasions (like weddings, funerals, and family reunions)

If you know when these events regularly happen, you can plan ahead for them. But your parenting plan should also address what to do if changes need to be made. This will also allow you to make adjustments when other needs arise, including:

• Work trips, overtime, or schedule shifts
• Parents’ illness
• Limiting exposure to or transmission of contagious diseases

Factors to Determine if a Parenting Plan is in the Best Interest of Your Children

Every Maryland parenting plan must be based on each of your children’s best interests. Maryland law lays out several factors that you should consider. If you cannot agree, the Court will use these factors determine a parenting plan for you:

• Stability and foreseeable health and welfare of the child 
• Frequent, regular, and continuing contact with parties who can act in child’s best interest 
• Your ability to share the rights and responsibilities of raising the child with your co-parent
• The child’s relationship with each of parent, siblings, other relatives, and important adults in their lives 
• The child’s developmental needs, including physical safety, emotional security, positive self-image, interpersonal skills, and intellectual and cognitive growth 
• The child’s physical and emotional security and protection from conflict and violence 
• How you plan to meet the day-to-day needs of the child, including education, socialization, culture and religion, food, shelter, clothing, and mental and physical health 
• How well each parent: 
  • places the child’s needs above their own
  • protects the child from negative effects of any conflict
  • maintains the child’s relationship with the parties, siblings, other individuals who may have a significant relationship with the child 
• Age of the child
• Military deployment and its effect on the relationship with the child
• Success or failure of prior court orders or agreements
• Each of your responsibilities before and since separation
• Location of your homes as it relates to your abilities to coordinate parenting time, school, and activities 
• Your relationship with each other, including how you communicate and co-parent without disrupting the child’s lives and your ability to resolve future disputes outside of court
•  The child’s preference, if age appropriate
•  The child’s other needs and interests 
• Any other factor you consider relevant

Notice that these factors are focused on your child’s needs, not the parents. They can account for any special needs or circumstances your child may face. They also address your child’s relationships with people other than you and your co-parent, such as siblings, relatives, other parental figures, and even important coaches or role models. You should try to keep this child-centered focus in mind as you are choosing the best parenting plan for your child. Whenever possible, do what’s right for them, even if it is inconvenient for you. 

Other Considerations in Negotiating Your Parenting Time Plan

Your parenting plan can also describe the process you and your co-parent will use when disagreements arise before going back to court. For example, you might opt to use the collaborative process or to hire a mediator to resolve your disputes. This can help keep you out of court and allow both parties to commit to reducing conflict and finding common ground when deciding what is best for your child. 

The best parenting plans go beyond custody and parenting time and serve as a troubleshooting guide for co-parents. Depending on your family’s situation, you may want to include provisions related to:

Communication Between Co-Parents and Children

How will you discuss child-related issues with your co-parent? Do you want to have regular status calls, or use technology to co-parent better? When and how will each parent be able to contact the child during the other parent’s time? What will you do if the child wants to talk to or see the other parent outside the regular parenting time schedule? Laying out a communication plan as part of your parenting plan can help parties with a history of conflict set boundaries, while also making sure your child can stay connected with both parents. 

Transportation Costs & Exchange Points

Who will pay for plane tickets for out-of-state visitation? Will you meet at a halfway point, or will one parent drive the child to the other parent’s house? How will you communicate travel delays, and how much leeway can you expect from the other parent? The further apart the parties live, the more important it is to consider transportation time and expense as part of your parenting plan. 

Shared Technology & School Laptops

Will your child have their own cell phone or tablet? Do they have a school-assigned laptop? Are there game devices or musical instruments that they will want access to in both houses? Make a plan for how shared technology and important items will be shared between households. 

Extracurricular Activities

Who is responsible for transporting children to and from their extracurricular activities? Can the noncustodial parent attend practices, performances, or competitions? How many activities are too many? Can a parent withhold an activity as a form of discipline? Setting plans for how these responsibilities and decisions will be divided as part of your parenting plan can keep them from causing conflict after the case is concluded.

Child Care

Will either parent need to use regular child care? Should the children keep the same child care providers in both homes or attend the same daycare? Do you want one parent to be able to act as a child care provider during the other parent’s parenting time? Who will pay for the cost of child care expenses? Is there anyone in either parent’s sphere of contacts who should not be a care provider? Anticipating these needs in advance allows you to have a plan and improves collaboration between parents. 

Children’s Expenses

Who will pay for lessons, club or sports equipment, or other child-related expenses? Will the children attend private school or receive homeschooling or tutoring? Are there any anticipated uninsured medical costs (like glasses or deductibles)? Child support doesn’t automatically cover all of your child’s expenses. You may want to include a division of costs as part of your parenting plan.

Introducing New Partners

After a divorce or breakup, many parents are eager to find new partners. But introducing those partners to your children too soon can be confusing for them, especially if that relationship doesn’t work out. You may want to consider including a plan for when and how new partners will be introduced, to avoid any emotional harm. 

Resolving Future Parenting Disputes

Your parenting plan can also describe the process you and your co-parent will use when disagreements arise before going back to court. For example, you might opt to use the collaborative process or to hire a mediator to resolve your disputes. This can help keep you out of court and allow both parties to commit to reducing conflict and finding common ground when deciding what is best for your child. 

At the Law Office of Shelly M. Ingram, our Maryland family lawyers are trained in collaborative divorce, mediation, and litigation strategies. We can help you choose the best parenting plan for your children, advocate for custody on your behalf, or help you modify a visitation schedule that no longer works for you. Contact us today or call (240) 652-2596">(240) 652-2596 to talk to a divorce attorney about your case or schedule a mediation.

One family law case can be stressful and time-consuming enough, but if you have multiple family law cases pending at the same time, it could be expensive and involve overlapping issues. Understanding how to deal with multiple family law cases can help you limit the cost of asserting your rights, while also making sure you and your children get the best possible outcome in each one.

Why Would You Have Multiple Family Law Cases at Once?

There are many reasons why you could end up facing multiple family law cases at the same time. Remember that family law is an umbrella term. The family court in Maryland hears cases related to:

Our family law attorneys understand how hard it can be to manage multiple family law cases at once. We know how to prioritize the Maryland Family Courts demands, and coordinate different court schedules. We will help you resolve all your family law issues in a way that protects your rights and serves your family’s needs.

• Divorce
• Child custody and visitation
• Child support
• Personal protection actions
• Adoptions

When you file for an absolute judgment of divorce, that complaint can include issues related to child custody, visitation, and child support (as well as spousal support). But if you were never married, or if you or your spouse filed a family law complaint during your period of separation, you could easily end up facing multiple family law cases. For example, there could be a child support action filed based on you or your spouse receiving state financial assistance.

In cases involving domestic violence, you might also have filed or been served with a Peace and Protective Order, shielding the survivor (and his or her children) from further violence by the abuser. This order can also direct custody, visitation, and support as well as award exclusive use of property or firearms. In the most severe cases, there may also be criminal cases pending outside the Maryland family court system that involve facts that are also relevant to a divorce or custody case.

Coordinating Multiple Cases in Maryland Family Court

Since 2016, the Maryland Family Court has had a “one family, one judge” rule. This means that all family law cases relating to the same parties or child will be assigned to the same judge. But sometimes, when a parent has children with multiple partners, or when a family moves and different courts have jurisdiction, you can end up with more than one judge hearing your case. This can create problems because judges may enter orders that conflict with one another (such as requiring a parent to be in two places at once for parenting time exchanges). It can also require you to put forward the same evidence in two courts, increasing the cost and burden of hiring an attorney to represent you in court.

If you have multiple family law cases – or think you could be facing criminal charges – you should lay everything out with your family law attorney at the initial consultation. Your lawyer has ways of coordinating, and in some cases, consolidating multiple family law cases, to reduce your costs and make sure the right issues are resolved in the proper order, given all appropriate evidence.

This is especially important if you are facing criminal charges for behavior that might be raised in your family court case (like drug charges or domestic violence). You have the right not to incriminate yourself in criminal court under the Fifth Amendment of the federal constitution (“pleading the fifth”). But if you do, your refusal to answer questions can sometimes be used against you in family court. Your family law attorney and your criminal defense lawyer should coordinate your cases to allow the criminal case to conclude before you must present evidence or testify in Maryland family court.

How to Handle Multiple Family Law Cases in Your Home

Sometimes your household will have multiple family law cases, even if you personally do not. More Maryland households are made up of blended families with step-parents and half-siblings living together. When each parent has a custody order and parenting time schedule, coordinating everyone’s schedule can get confusing.

Depending on your family dynamic, it may be beneficial to work with your family law attorney to modify one or both custody arrangements to allow half- and step-siblings to spend more time together. In other families, one-on-one time with a parent is more valuable, and a staggered weekend schedule is best. In either case, your family law attorney can help you negotiate adjustments that make it easier for everyone to handle the multiple family law cases in your household.

At the Law Office of Shelly M. Ingram, our family law attorneys know how hard it can be to manage multiple family law cases at once. We know how to prioritize the Maryland Family Courts demands, and coordinate different court schedules. We also have experience working together with criminal attorneys and other lawyers representing our clients in related cases. We will help you resolve all your family law issues in a way that protects your rights and serves your family’s needs. Call us at (240) 652-2596">(240) 652-2596 or contact us online to schedule a consultation with an attorney.

When your Judgment of Absolute Divorce or custody order is final it ends your family court case. But sometimes one spouse or co-parent doesn’t follow through with what they have been told to do. When that happens, you may need to file a petition for contempt of court, and ask the Maryland family court to help you enforce its orders.

At the Law Office of Shelly M. Ingram, our family law attorneys know that a court order is only useful if it can be enforced. We want you to feel confident that you will receive what the court has awarded you following a divorce or custody case. Contact us today to schedule a consultation with an attorney.

What is Contempt of Court?

Contempt of court is the intentional and willful violation of a court order. When someone files a contempt of court action, the Court can find the violator “in contempt” and impose consequences designed to push people toward complying with the court’s instructions. Contempt proceedings start after a court order is entered and after one of the parties has violated that order, generally this occurs out of court. This failure to comply could happen during your divorce if there are temporary orders or discovery orders in place. More often, contempt proceedings are post-judgment.

If your spouse or co-parent is violating a court order, you must file a petition for contempt. When you do, the Maryland family court will issue a Show Cause Order along with a Writ of Summons naming a specific time and day that the other party must appear in court to explain his or her failure to comply with the order. You or your family law attorney must serve your ex-spouse or co-parent with these documents, along with your petition. Then, you must appear in court for the Show Cause hearing. When you do, it will be up to you and your attorney to show that:

• There was a clear order requiring the other party to do something
• That they did not do that thing
• They had the ability to do the thing they did not do

Then it will be up to the other party to explain why they violated the court order. As a recent Maryland Court of Special Appeals decision explained, the purpose of constructive civil contempt proceedings in family law cases is to pressure the non-performing party to comply with the order going forward, rather than punishing the party for a past violation. You will want to work with your family law attorney to explain the continuing harm being caused by the other party’s actions, and what corrective action would be needed to correct it.

Also, the clearer your initial order is, the easier it will be to prove contempt of court. If the thing you wanted the person to do wasn’t included in the language of your judgment, you will not be able to enforce it. That is why your divorce lawyer should try to include all the necessary details in any settlement agreement or Judgment of Absolute Divorce.

Reasons for Contempt in Family Court

Any violation of any court order can result in contempt proceedings. Courts take their orders seriously, so you should too. However, some of the most common reasons for contempt in family court are:

• Failure to pay child support or alimony
• Withholding children from court-ordered visitation or custody exchanges
• Violating freezes on bank accounts and financial assets during divorce
• Failing to comply with discovery orders to produce documents or records
• Holding on to property awarded to the other party

Consequences of Being Held in Contempt of Court in Family Law Cases

If the Maryland Family Court judge determines that you have violated a court order, it can enter various orders to encourage you to do what you have been instructed to do. Depending on the violation a contempt of court order may:

• Order make-up visitation for days missed
• Adjust custodial time going forward
• Order law enforcement to assist with the return of withheld children (in rare cases)
• Enter a payment schedule for unpaid child support and alimony
• Require a lump sum payment of unpaid balances
• Enter an automatic income withholding order and send it to your employer for collections
• Order the immediate return of property
• Allow the other party to enter your home to reclaim the property
• Order you to pay attorney fees and costs for the contempt proceedings
• Sentence you to jail time (in rare cases)

Options for Enforcing Family Court Orders Before Contempt

Filing a petition for contempt of court always drives up tension and conflict between co-parents, and that can put stress on your children. While it is important for both parents to honor the agreements and court orders, contempt of court may not be the best way to maintain a working co-parenting relationship. Before you file a petition you may:

• Ask your attorney to help negotiate compliance
• Mediate your dispute with your co-parent to make adjustments and make future compliance easier (for example, adjusting pick-up and drop-off times for visitation)
• Use collaborative law processes to identify and address the causes of noncompliance (for example, if the children are resistant to visitation, agreeing to family counseling)

Get Help Enforcing Your Judgment or Custody Order

At the Law Office of Shelly M. Ingram, our family law attorneys know that a court order is only useful if it can be enforced. We want you to feel confident that you will receive what the court has awarded you following a divorce or custody case. We will meet with you in person, or virtually, and carefully review all the details of your order, and any potential violations. We will discuss your enforcement options, and help you choose the one that will be most effective in your situation. Contact us today to schedule a consultation with an attorney.

Making the decision to start a divorce or take your child’s other parent to court is never easy. You need to know you have the right person by your side. Choosing the right family law attorney can mean the difference between a prompt resolution that feels right and an extended battle that hurts everyone, including your kids.

Finding The Best Family Lawyer for Your Case

Ask for Personal Referrals

A personal referral is often the best place to start when you are looking for a family lawyer. You’re probably not the first of your friends or family to get divorced, need an order for child custody, or to get child support from an ex-partner. Reach out to your network to see who they have worked with in the past. A personal referral helps you understand the personality of the lawyer even before reaching out, rather than relying on the law firm’s marketing materials.

You can also ask for referrals from the other professionals in your life. Your therapist, spiritual leader, real estate agent, or even your banker may have connections to an experienced family law attorney. Because these professionals often work with each other to address family law issues, they may have a good feeling about how the lawyer does his or her work, and whether they handle the type of divorce or custody problems you need solving.

Tips for Finding the Right Family Law Attorney Online

If you do not feel comfortable asking a friend or family member for a personal referral, you can also find thousands of lawyers online. But not all lawyers are equally up to the task of handling your specific case. When searching for a lawyer online, look past the ads or sponsored links at the top of the page to focus on what Google calls the “organic” links. The lawyers in the advertising spots paid to be there. The ones that come up organically are more closely related to the work you need them to do. You should also refine your search by adding:

• Your geographic area (specifically which county you or your case is in)
• Words like “divorce” “custody” or “child support”
• Any specific issues that relate to your case like “stay at home parent” or “same-sex couple”

These additional search terms will help weed out lawyers who may handle some family law, but aren’t focused on the issues you are facing. Once you have a list of good search results, you can start looking for a family law attorney who can help with your case.

What to Look for in a Family Law Attorney

1. Family Law Experience

Is the attorney experienced at handling a family case like yours? Many attorneys practice family law in addition to other types of law. Your attorney should be familiar with the legal issues in your case and practice frequently in the county where your case will be heard. If they say they haven’t seen something before, or give you generic advice, you may want to look elsewhere.

2. Communication

How does the divorce attorney communicate with clients? And how do you prefer to communicate? If you are the type to let every call go to voicemail, you may want to hire an attorney who uses technology including emails and direct messaging to streamline communications and save time. Communication is also about how well you connect with your family lawyer. When you speak with the lawyer, do you feel as though you are being heard? Do you understand what they are telling you and do they explain themselves clearly?

3. Philosophy

What is the attorney’s philosophy when it comes to family law cases? Are they in it to win it, or are they compassionate and interested in negotiation and settlement? While most lawyers would agree that the courtroom is not the best place to resolve your family law disputes, it is important that the family lawyer you select is prepared to fight for you in front of the judge when litigation is your only option.

4. Advanced Training in Collaborative and Mediation

Is the attorney trained in Collaborative law and mediation? When you meet with an attorney to discuss your divorce, child custody, or support case, it is important that you be given the opportunity to explore all of your available options, including Collaborative and mediation. Many attorneys have experience participating in alternative dispute resolution, but they may not have the advanced training to know how to make the most of these settlement options. Ask your lawyer what advanced training they have received, especially if you think Collaborative law may be the right process for you.

5. Personal Service

An attorney-client relationship is just that: a relationship. You deserve to have attorneys assigned to your case that are focused on supporting you from beginning to end. Sometimes a client’s file can be handed off between lawyers at different phases of the case. That can leave you feeling disconnected from the process and unsure who to lean on for support. It is important to determine that the firm you choose provides personal attention, clear communication, and ensures that any attorney that works on your case is dedicated to the relationship they build with you.

Experienced Family Law Attorneys - Law Office of Shelly M. Ingram

At the Law Office of Shelly M. Ingram, our family law attorneys know how important it is for you to trust your family law attorney. We want you to feel confident you have made the right choice to work with our firm. We will meet with you in person, or virtually, and carefully review all the details of your case. Then we will personally stand with you through whichever family law process you choose, protecting your priorities from beginning to end. Contact us today to schedule a consultation with an attorney.

Whether you are involved in a divorce proceeding or a child custody matter, litigation is often an emotional and intrusive experience. It can be made even more so through the discovery process, when you are required by the court’s rules of procedure to provide numerous types of documents to the opposing party and to the Court. If you have text messages, e-mails, or other documents that re relevant to your legal matter, then it is likely that you will need to share that evidence as part of the discovery process – and it is important that this evidence is not destroyed.

What Happens to Text Messages, E-Mails and Photos in Court?

You may be required to share documents with the opposing party in response to a Request for Production of Documents, a Deposition Notice, or a trial Subpoena. While there are surely documents that you would prefer that your spouse or the court not see (i.e. a disparaging text message, an embarrassing photograph, a receipt for an excessive purchase), you will still be required to comply with the court’s rules as to discovery and evidence, which mandate that you produce all relevant documents within your possession, custody, or control. While you may have a strong desire to prevent certain documents from ever seeing the light of day, the consequences of doing so may be end up being worse than disclosing the documents.

There is a concept under the law known as “spoliation”, which is the intentional destruction of evidence.

There is a concept under the law known as “spoliation”, which is the intentional destruction of evidence. If a judge finds that a party has intentionally destroyed a discoverable document (e-mail, text message, or otherwise), the judge has broad authority to impose sanctions against the party responsible for the destruction. The court’s sanctions may be financial in nature, with the imposition of attorney’s fees and expenses, or the sanctions may have substantive legal consequences, resulting in the dismissal of claims or allowing the fact finder to draw an inference as to the content of destroyed documents. The requirement to preserve documents applies not only to physical documents, but also to records and data that is maintained electronically, whether by you, or by a third party on your behalf.

In their consideration of claims of spoliation of evidence, the Court will look at whether: (1) there was an act of destruction; (2) the evidence was discoverable; (3) there was an intent to destroy the evidence; and (4) occurrence of the act was at a time after suit has been filed, or, if before, at a time when the filing is fairly perceived as imminent. Cumberland Insurance Group v. Delmarva Power, 226 Md.App 691 (2016). The fourth prong of the Court’s test is important to note, because spoliation sanctions may be imposed if a document is destroyed even before litigation has started.

Be Proactive

In Maryland, custody and child support are always subject to modification. With this in mind, it is important to preserve evidence even after your case has concluded. If your child is under the age of 18 and has not yet graduated from high school, it is possible that you could find yourself back before the Court on a modification of child support or custody. The day to day communications between you and your co-parent could be the very evidence that would make or break your future case. In divorce, the communications or documentation that is produced follow your divorce hearing may be relevant in the future in enforcement proceedings should either party fail to comply with the Court’s Orders.

Even if you believe there are documents in your possession, custody, or control that may be detrimental to your case, do not destroy or dispose of the evidence. It is important you bring those concerns to the attention of an attorney, rather than risk sanctions from the court. An attorney will be able to advise you about your concerns, and discuss a strategy going forward to address and mitigate any potential issues. If you are concerned that your spouse will attempt to destroy documents relevant to your case, there are steps that can be taken to put your spouse, or the custodian of relevant records, on notice that litigation is imminent and that they have a duty to preserve all evidence going forward.

At the Law Office of Shelly M. Ingram, we offer virtual consultations and mediations using Zoom, Skype, Facetime, and telephone. Contact us today to schedule a mediation or a consultation with an attorney.

In child custody matters, it is often best if parents who are separated or in the process of separating are able to work together amicably to discuss and decide on a plan as to the parenting of their children. As a parent, you have known your children their entire lives, but a judge will only get a snapshot of your relationship with them at a trial and have to make a decision on that basis. While there have previously been tools in place through the court system to assist parents, including court-ordered mediation and co-parenting classes, Maryland recently enacted new requirements for parents involved in custody litigation.

The Plan

As of January 1, 2020, if you are a party in contested custody litigation, you and your child’s other parent will be required to complete a Parenting Plan. Maryland Rule 9-204.1. The Parenting Plan is a comprehensive document that addresses issues related to the custody and care of your children, including whom shall have decision-making authority, how communication about your children will be facilitated, and the actual physical access schedules. At your initial scheduling conference with the court, you will be provided with instructions for completing the Plan. You may work on this document directly with your child’s other parent, with the aid of a mediator, or with your attorney. When you are discussing and working on completing the Parenting Plan, you should think about durability and keep the best interest of your children in mind.

The Goal

While the goal of the new Parenting Plan rule is to help you and your co-parent complete and agree on matters related to the care and custody of your children, that won’t always be possible. If you are not able to agree on the Parenting Plan, then you will need to complete a different form, the Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time. Maryland Rule 9-204.2. The purpose of the Joint Statement is to indicate to the court the specific places where you and your co-parent agree or disagree about the decision-making, communication, and access issues that are to be addressed in the Parenting Plan and to serve as a guide for the Court.

The Requirements

The date by which the Joint Statement must be filed will be set by the court, but at least thirty (30) days before the Joint Statement is due to be filed, each party must send their completed statement to the other party. At least fifteen (15) days before the Joint Statement is due to be filed, the plaintiff (the party who initiated the custody action by filing), will sign a Joint Statement that they believe accurately reflects each parties’ positions, and send to the defendant for their review. The defendant must then sign and file the Joint Statement if they are in agreement, or file it with a written statement identifying their points of disagreement.

If you have questions about completing the Parenting Plan, the Joint Statement of Parties Concerning Decision-Making Authority and Parenting Time, or about your custody rights, an attorney will be able to address your questions, help you understand the nuances of the various forms, and guide you through the process of litigation and/or settlement. Contact Law Office of Shelly M. Ingram, LLC today.

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

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

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

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

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

States That Recognize Common Law Marriage

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

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

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

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

Do You Have a Common Law Marriage?

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

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

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

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

Protecting Your Rights in a Long-Term Relationship

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

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

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

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

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