If you and your spouse have decided that it is time the two of you separate despite the fact that you are legally married, you do have the option of separating from one another until you decide to move forward with the actual divorce process. During this time, you do not need to file any paperwork to retain a legal separation as this does not exist in the state of Maryland. A couple is considered to be separated in you live apart, share the same intent of ending the relationship, and do not have sexual intercourse during this time. However, the manner in which the separation takes place can have a significant impact on several divorce issues, including custody of minor children, so it is recommended to get legal advice from experienced divorce law attorneys before planning to move out of the marital home. Read more
"Thoughts from our experience of practicing family and divorce law in Maryland for more than 30 years."
Maryland Passes New Divorce Law that Applies to Those Who are Filing for an Absolute Divorce
/in Uncategorized/by Brian BarkleyA new law recently took effect in the state of Maryland regarding filing for an absolute divorce and many spouses might be happy to hear what modification this new law has made. As of October 1, 2018, both parties who are filing for an absolute divorce on the grounds of mutual consent are no longer required to appear together before the court in order for their divorce to be granted [Source: SB 499]. In the past, the divorce law required that both individuals be present in court at the same time given the same circumstances applied. Read more
Tips to Help Reduce Stress When Going Through a Divorce
/in Uncategorized/by Brian BarkleyDivorces are stressful experiences no couple ever expects to have to endure. Unfortunately, marriages don’t always work out the way we plan and many often find themselves faced with the dreadful divorce process. This process can often be draining both physically and mentally and if you want to keep it together throughout it for your sake and that of your children if you have any, then you may want to consider these tips that are geared toward easing your stress while going through a divorce. Read more
Marital Agreements: What You Need to Know About Them
/in Uncategorized/by Brian BarkleyMany couples consider entering into a prenuptial agreement prior to getting married.. A prenuptial agreement is a contract that establishes rights between the parties, frequently different than the law would provide, in the event a couple decides to divorce. Some things that these contacts address include: Read more
Can I File for Legal Separation in the State of Maryland?
/in Uncategorized/by Brian BarkleyIf you and your spouse have decided that it is time the two of you separate despite the fact that you are legally married, you do have the option of separating from one another until you decide to move forward with the actual divorce process. During this time, you do not need to file any paperwork to retain a legal separation as this does not exist in the state of Maryland. A couple is considered to be separated in you live apart, share the same intent of ending the relationship, and do not have sexual intercourse during this time. However, the manner in which the separation takes place can have a significant impact on several divorce issues, including custody of minor children, so it is recommended to get legal advice from experienced divorce law attorneys before planning to move out of the marital home. Read more
Can I Date Another Person if My Divorce is Not Finalized?
/in Uncategorized/by Brian BarkleyIf you’ve separated from your spouse and plan to file for divorce, there are a few things you need to be aware of in regards to dating if you are contemplating on seeing someone before your divorce is finalized. While you may be under the impression that you are free to date whomever you want now that you and your spouse aren’t living together, Maryland laws don’t exactly see it the way. The fact is, if you want to date someone and still be in compliance with the law, you must be divorced first. We recognize that simply isn’t the way the many divorce unfold, so we are prepared to deal with this complication and minimize the negative repercussions. Read more
What Are Some Ways I Can Prepare for a Child Custody Case in Maryland?
/in Uncategorized/by Brian BarkleyIf you are going through a divorce and you have children, one of the most pressing matters that you will find yourself dealing with is child custody. If you are like most parents, you probably are hoping that you are awarded fair custody and that you can reach an agreement that is in the best interest of your child. With a little preparation, you can increase the chances of this happening. Going into a child custody case prepared helps you obtain the outcome that is in your favor and also gives you the advantage of knowing what to expect. Read more
What are the Different Types of Child Custody Arrangements in Maryland?
/in Uncategorized/by Brian BarkleyWhen two parents decide to divorce or separate, generally they need to come to some sort of agreement on how their time is going to be divided between their children, also referred to as a custody arrangement. While parents are encouraged to work together and create a custody arrangement of their own, it must be reviewed by a judge to ensure it is in the best interest of the child. The State of Massachusetts recognizes four types of custody arrangements and we are explaining what these are below. Read more
Tips for Individuals Who are Filing for Divorce After the Age of 50
/in Divorce, Family Law/by Brian BarkleyGoing through a divorce can be difficult for any couple, regardless of their ages. But, divorcing after you have spent 20+ years with the same person and reaching a point in your life where you simply want to be settled can be extremely difficult for many to accept. Many individuals who are 50 or older and have recently divorced find themselves lost as they spent a good portion of their life with this one person. These Individuals have established routines, managed their finances, and developed a lifestyle with their partner whom they thought they would be married to for the rest of their life but will soon be disconnected from. Read more
What are the Steps in a Child Custody Case in Maryland?
/in Family Law, Uncategorized/by Brian BarkleyChild custody is one of the most complicated aspects of any divorce and the process is often harder on the children than it is on the parents. When a divorce is contested, child custody is frequently more difficult to resolve as the parties find it hard to agree on how their parenting time is going to be divided. If a divorce is uncontested and the parties are able to agree on the other issues, they generally have a greater chance of establishing a child custody plan that works for both parties and the children. Read more
How Can Infidelity Affect My Divorce?
/in Divorce/by Brian BarkleyMany marriages fail for numerous reasons, infidelity, also referred to as adultery, being one of the most common. While some couples are successful in working through the loss of trust, others cannot stand to endure the stress and pain the infidelity has brought to the marriage and choose to divorce. Adultery as an issue in a divorce creates a more complex set of issues both as to financial issues as well as custody if minor children are involved. Read more