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On October 1, 2018, new laws impacting family law matters will take effect. These new laws are: Divorce a. The requirement that both parties appear at a “mutual consent” divorce hearing has been eliminated. [A “mutual consent” divorce is a “no fault” ground for divorce in Maryland and eliminates the need for any separation waiting period. Previously, both parties were required to appear at the hearing] b. Anyone can get a “mutual consent” divorce so long as they have a signed agreement that resolves all issues arising out of the marriage (and has a child support guidelines worksheet attached, if applicable) and the court is satisfied that the agreement is in the children’s best interests. [Previously, only parties that had no minor children could file for a “mutual consent” divorce.] Editor’s Note: It will be interesting to see how various jurisdictions incorporates these two new laws. How will the Court be “satisfied” the agreement is in the children’s best interests if both parents do not need to be present in Court? c. A request for a divorce based on a “12-month separation” can be requested orally in Court with the consent of the other party. [Previously, it could only be done by written filing and response by the other party] Domestic Violence a. The Rape Survivor Family Protection Act provides an expedited process for terminating parental rights of a perpetrator of certain sexual assaults either forcontinued parenting by the other parent or adoption. b. “Revenge porn” has been added as an act of abuse qualifying for a Protective Order. What did not pass? The major bills that did not get passed this legislative term were: Repealing adultery as a misdemeanor crime. Increasing minimum age to marry to 18 years old. Increasing age of majority for child support from 18 to 23. Proposal to include the parent’s spouse’s income in calculation of child support, as well as the parent’s attorney’s fees.

When Congress passed the Tax Cuts and Jobs Act in December 2017, one of the major changes was to alimony. Under the new Act, alimony payments will not be tax deductible for the payor spouse, and alimony will no longer be considered gross income for the recipient in divorces and legal separations that are executed on or after January 1, 2019. This new alimony provision is not retroactive and does not apply to divorces and separation agreements entered the new law takes effect. If a party wants to have alimony be deductible or taxable, the divorce agreement must be finalized by December 31, 2018. It is important to emphasize that the prior rules will apply to already-existing divorces and separations as well as divorces and separations that are finalized before 2019, even if those agreements are legally modified after January 1, 2019. However, under a special rule, if taxpayers have an existing (pre-2019) divorce or separation decree legally modified, they can expressly choose to apply the new Act rules in the modification. It is important for parties and lawyers to act quickly if they want to take advantage of the exclusions before the new tax law takes effect. If you have questions about the new tax law, please contact Wasserman Family Law at 410-842-1070 or laurie@wassermanlawoffice.com. We practice in jurisdictions throughout the State of Maryland.

If you are contacting a family law attorney for the first time, your head is probably swimming with questions and concerns. I want to take some time to prepare you for what to expect at your first meeting with me. To begin, most people I meet with likely have never hired a family law attorney. I understand that you are coming to me at a difficult time and that what you are telling me is intimate. I promise to treat what you tell me with the respect it deserves and to keep it confidential. I also will not judge you. As your lawyer, I cannot change what happened before you came into my office. The first thing I will do is ask you to tell me your goals. Your answer helps me learn more about you, sets the tone for our meeting, and the advice I will give you. Then, I will ask questions to illicit important background information from you. I want to know about your family, your finances, and, if it is a divorce, what assets you have. It sometimes helps to bring paystubs, tax returns, or a list of your monthly expenses to the meeting. Next, I want to hear your story. I need you to be honest with me about what happened to bring you to the point where you feel you need to hire an attorney. After hearing your story, I can then explain how Maryland law applies to the facts of your specific case. I can provide you with handouts explaining the process and what factors are considered in cases where there is a request for alimony, child support, or custody. Although you are welcome to take notes during the meeting, it can be helpful to have a document to look at after we meet. Once I understand your goals, your background and your story, we can talk about a strategy for moving forward. I will give you multiple options to choose from, and we can weigh the pros and cons of each option. You can ask me a lot of questions. No question is silly, and I will answer all of your questions honestly. You are welcome to ask me about my experience and qualifications. Finally, I will talk to you about what it will cost going forward. I cannot give you an exact amount from start to finish, but I will tell you how billing and payments are handled. My goal for all first client meetings is that you leave with a better understanding of the law, process, strategy, and expenses. I have found that these first meetings can alleviate some of the anxiety you have and allow me to take on some of your burden. Hiring a family law attorney is never a fun experience, but it does not have to be a terrible one either. Finding the right attorney sets the tone for your case and gets you one step closer toward your goals. If you are interested in meeting with a family law attorney, please contact Wasserman Family Law at 410-842-1070 or laurie@wassermanlawoffice.com. We practice in jurisdictions throughout the State of Maryland.

Two years ago, I had the distinct pleasure of getting a couple divorced. Yes—I used the words “pleasure” and “divorce” in the same sentence. I say this because these two parents happened to have the most amicable divorce I have seen in my decade plus of practicing family law. They both had lawyers, but they were able to sit down together and resolve most of their issues without us. Sure, they asked lots of questions about their rights and the lawyers drafted the agreement, but the parents did a lot of the hard work. The parents also lived their lives in a way that prioritized their children over their own needs. Even while negotiating the terms of their divorce, if the children had an event at their school, the parents sat together. On their child's birthday, they go out to dinner together. They never spoken poorly about the other parent to or around the children. The actual divorce hearing was relaxed and positive, despite the reason for being there. Their witness injected his own brand of humor. He was friends with both of them, and had the uncomfortable job of testifying that the parties longer having marital relations. After the hearing, the newly divorced couple walked outside and took a “divorce selfie”. The phrase #divorceselfie was a trending topic in the news a year or so ago, as couples who were divorcing were posting photos of them at the Courthouse after their hearing with smiles on their faces. It was a way of celebrating an amicable, respectful divorce. One of the parties in the case blogged about her experience. You can read her entry here. With permission from all involved (my client, the writer and her lawyer), I wanted to share this as proof that even though this couple (in her words) may have “failed at marriage” they were able to “rock divorce!” If you are seeking the advice of a family law attorney, please contact Wasserman Family Law at 410-842-1070 or laurie@wassermanlawoffice.com. We practice in jurisdictions throughout the State of Maryland.

In my practice, I frequently get asked by clients if they can file for a “legal separation” from their spouse. Unfortunately, Maryland does not recognize a “legal separation” as a marital status—you are either married or divorced. The closest thing to a “legal separation” is to have a binding contract—called a Separation Agreement—that resolves all of the issues arising out of their marriage. These issues include, but are not limited to, custody, alimony, support, property rights or personal rights. Once a Separation Agreement is in place, parties can live their lives separately while waiting to be divorced. There are numerous advantages to having a Separation Agreement. First, a Separation Agreement can help parties avoid the time, expense, and uncertainty of contested litigation. Parties can negotiate and enter into a Separation Agreement before initiating Court proceedings, or while proceedings are pending. A second advantage to having a Separation Agreement is that there are various problems arising out of marriages for which there are no remedies under Maryland divorce laws. For example, many parties have acquired significant credit card debt during their marriage that needs to be addressed during the divorce. In Maryland, a Judge lacks the authority to divide or apportion credit card debt, so the debt is the responsibility of the cardholder, regardless of how it was accumulated. Virtually all aspects of a divorce, including the apportionment of credit card debt, can be addressed in a Separation Agreement. A third advantage to having a Separation Agreement has to do with the timing of the divorce. In October 2015, a new law took effect which provided an additional ground for divorce called “mutual consent”. If parties have a signed Separation Agreement and no minor children, they can file for divorce immediately and they do not need to be physically separated from one another for any period of time. This was a major change in the law, as many parties who had a signed Separation Agreement still had to wait a year to file for divorce. Separation Agreements are generally preferred by the Courts and parties as a peaceful means of terminating a marriage and the conflict resulting from it. These agreements are not a bar to obtaining a divorce, and issues relating to children (custody and child support) are always modifiable by the Court if it is in the child’s best interests. If you would like assistance with a Separation Agreement, please contact Wasserman Family Law at 410-842-1070 or laurie@wassermanlawoffice.com. We practice in jurisdictions throughout the State of Maryland.

Custody laws have taken a revolutionary turn this summer. On July 11, 2016, just a few weeks after issuing its landmark decision on de facto parents in custody cases, the Court of Appeals issued an opinion on tie-breaking authority in joint legal custody cases. In deciding Santo v. Santo, the appellate court held that even if the parents cannot communicate effectively, an award of joint legal custody is still permissible. And, when awarding joint legal custody to parents who cannot communicate, the Court is within its legal authority to include tie-breaking provisions in the event of a disagreement. So what does this mean? In Maryland, the Court has the authority to award “legal” custody and “physical” custody to parents. “Legal custody” carries the rights and obligations to make long range decisions that significantly affect a child’s life, such as education or religious training. This differs from “physical custody,” which is the right and obligation to provide a home for the child and make daily decisions as necessary while the child is in that parent’s care and control. A Court can award “joint” legal custody and give both parents an equal voice in making long range decisions, so that neither parent’s rights are superior to the other. Alternatively, a Court can award “sole” legal custody, and give one parent complete authority to make the long range decisions. Maryland case law references more than 20 factors that the Court must consider in any child custody case. The appellate courts have said that most important factor in deciding to award joint legal custody is the “capacity of the parents to communicate and reach shared decisions affecting the child’s welfare.” The best evidence of the capacity to communicate is the past conduct of the parties. In Santo v. Santo, the parents had a terrible record of communicating. However, the appellate court declined to say that, a failure to communicate effectively is an automatic bar to an award of joint legal custody. The trial judge in Santo v. Santo determined that joint custody was appropriate in light of all of the custody factors it considered. And, even if the parents could not communicate or cooperate well, joint legal custody was appropriate so both parents could stay involved with their children. The trial judge’s solution was to implement tie-breaking authority to one parent, so decisions could be made in the event of a disagreement. The tie-breaking authority did not preclude a thoughtful discussion on the issues; rather, it was a way to resolve the dispute by one parent making the decision. In Santo v. Santo, the Court determined that the father has the authority to break the tie in disputes involving education, religion, and medical issues, while the mother was designated to break the tie in disputes involving the selection of the children’s therapist.