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If your co-parent is engaging in behavior that violates the written, signed custody agreement you have with them, Maryland custody law offers several legal avenues which you to pursue. What is a Custody Agreement Violation? A custody agreement violation is a direct action against any of the terms in your written custody agreement. This includes custody arrangements you and your co-parent agreed upon in a legal agreement such as a Parenting Plan, Separation Agreement, Marital Settlement Agreement, or in the terms outlined by the Court in your child custody or divorce order. Examples of Custody Agreement Violations Withholding Visitation A parent violates a visitation agreement when they refuse to allow the child to spend time with the other parent during their allotted custody period or schedules something on the other parent’s time without that parent’s consent. Important Decision-making If you have joint legal custody, important decisions for your child—such as education and healthcare—must be made jointly. An example of a child custody violation is when one parent makes a decision without the required consultation and agreement of the other parent. Failure to Pay If a parent fails to pay a required expense for the benefit of the child—whether it is for child support, education, childcare, or medical care—can be a violation of the custody agreement. How Can I Move Forward? Before Taking Any Action It is important to review your agreement or order very carefully before you accuse your co-parent of a violation. It also helps to have another person, such as an experienced family law attorney, review the order and agreement as well and confirm that there is value to pursuing the alleged violation. Speak with Your Co-Parent If you have a civil relationship with your co-parent, you may want to begin by writing a reminder to the other parent of the legal agreement and what you are alleging has been violated. If your relationship with your co-parent is volatile or nonexistent, a family law lawyer can make the communication on your behalf. This “good faith effort” to resolve the dispute prior to taking legal action is often appreciated by the Court. Enforce the Order If your co-parent refuses to cooperate and the violation is not corrected, you can look at your legal options. If the violation relates to a provision that is not part of a Court Order, a Motion to Enforce can be filed. However, if the violation relates to a provision in a Court Order, contempt of court can be filed. Modify the Child Custody Agreement If the violation is part of a larger problem in your child custody or support arrangement, there may be a basis to seek a modification. This approach can be pursued through the Courts or by proposing alternative dispute resolution. Hire a Parent Coordinator A Parent Coordinator can be hired to act as a neutral third party for co-parents who are locked in constant conflict with one another. Parent Coordinators work with parents who are struggling to communicate and attempt to reach a compromise regarding the best interests of the child. If a compromise cannot be reached, the Parent Coordinator may be able to decide. Before you decide which option to choose, it is important to consult with an experienced family law attorney as soon as you suspect your custody agreement has been violated. Your family law attorney can help you come up with a strategy to help you address the problem. Do you have questions about Custody Agreements or Parent Coordination? Contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at the Wasserman Family Law is here to help guide and advocate for you. Read next: Is “Parent Coordination” Right For You and Your Ex? How Parent Coordination Can Resolve Disagreements About Your Children Top 10 Reasons to Use a Parent Coordinator for Custody Disputes Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

One of the most common questions we receive from new clients is, “Do I need to be physically separated for a year to get a divorce in Maryland?” Luckily, you do not need to be physically separated for a year to get divorced if certain circumstances apply to your situation. Mutual Consent Divorce The reason why a divorce can take so long is that there are many issues that need to be resolved. However, if you and your spouse can resolve all the issues arising out of your divorce, such as custody, financial support, and division of property, then those terms need to be put into a written, legal agreement, called a Separation Agreement (also referred to as a Marital Settlement Agreement). Once you have a signed Separation Agreement, you do not need to wait until you have lived apart for 12 consecutive months to file for a divorce. Instead, you can request a Mutual Consent Divorce, which has no waiting period. A Mutual Consent Divorce requires the following: You have a signed agreement resolving all issues arising out of the marriage Both spouses want the divorce Neither spouse has filed anything to set aside the agreement reached You can get a Mutual Consent Divorce regardless of whether you have minor children and you and your spouse can even be living together at the time of the divorce. How to File for Mutual Consent Divorce A Mutual Consent Divorce is the quickest option for spouses looking to part ways. To obtain a Mutual Consent Divorce, after the Separation Agreement is signed, one of the spouses must file a “Complaint for Absolute Divorce” on the grounds of Mutual Consent and attach the signed Separation Agreement to the Complaint. Then, the other spouse must file an “Answer” affirming that they have an agreement on all issues and consent to the divorce. After the Answer has been received and the Court confirms that there are no outstanding issues left to resolve, an “uncontested divorce hearing” will be scheduled. Since COVID, many jurisdictions are holding these hearings remotely which allows parties to save time and money. These hearings typically only take a few minutes and are meant to confirm the information that was put in the Complaint, as well as an understanding of the terms of the agreement. Important Considerations for Mutual Consent Divorce Spouses who wish to file for a Mutual Consent Divorce should still consult with an experienced family law attorney to ensure their Separation Agreement addresses all of the issues which must be resolved and that the divorce paperwork is filed and approved promptly. If the Separation Agreement does not resolve all of the issues required by the Court, the divorce could take longer or be denied. Do you have questions about Mutual Consent Divorce? Contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: Is A Marital Settlement Agreement Right For Me? Your Guide to Alimony in Maryland How Marital Property is Divided in Maryland Divorce The 10 Do’s & Don’ts of Divorce Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

Do you have questions about divorce or custody mediation in Maryland, or are you preparing for your mediation? At Wasserman Family Law, Laurie Wasserman and Steffi Langston are trained to serve as family law mediators to help resolve disputes, including disagreements regarding custody and visitation, child support, alimony, financial assets, and division of property. In this blog, we walk you through everything you want—and need—to know about divorce or custody mediation in Maryland. What is mediation? Mediation is the legal process by which the parties attempt to resolve the case themselves, without litigation (meaning, outside of the courtroom). The goal is for parties to work with a trained facilitator (the mediator) to reach an agreement on some or all the issues in your divorce or custody case. Mediation is a voluntary, confidential process. The mediator will facilitate a discussion to help reach a solution that meets the family's needs. If an agreement is reached, it will be reduced to writing and reviewed by each party and his or her attorney before it is signed. ​ Who is the mediator? A mediator is a neutral, unbiased third party. A mediator cannot choose sides or tell someone they are right or wrong. A mediator cannot give legal advice to any party. In court-ordered mediation, the court mediators are either part of the Court’s staff or volunteer family law attorneys who have been trained in mediation. In private mediation, there are a variety of options available to the parties. Many family law attorneys and retired judges offer mediation services. Do I get to decide if I want to go to mediation? Mediation is always an option if both parties are interested in reaching an agreement on some or all issues. Regardless, if you are involved with a contested divorce or custody case, the Court will most likely refer you to mediation whether you wish to participate or not. This varies by jurisdiction but stands true for most courts in Maryland. If your case involves domestic violence, the Court will screen the case to see if it is appropriate for mediation. Who attends mediation? In some cases, just the parties and the mediator attend sessions. In other cases, each party’s attorney will attend the session with the parties. In many jurisdictions, court-ordered mediation is usually just the parties, and attorneys are not usually involved. How do I prepare for my mediation? To prepare for mediation, talk to your attorney about the strengths and weaknesses of your positions. Ask them about the reasonableness of your requests and expectations. You should spend time identifying what is most important to you. Start by focusing on what matters the most to you, then decide which issues on which you are willing to compromise. Take a moment and reflect on the “why” behind your requests. This will help facilitate more creative solutions, rather than being anchored and unmoved from your position. The other party may be more willing to compromise if they better understand your reasoning. You should also be prepared to make concessions in mediation. In these situations, the goal is to find compromises that work for the family. What is the meditation process? Mediation can last for one or multiple sessions. The mediator will usually set the time frame, but the sessions are usually two hours in length. It may take more than one session to reach an agreement. If agreements are made in mediation, the mediator will usually draft the agreed-upon terms into a written document, which will then be provided to each party’s attorney. After the terms are provided to the attorneys, each party will discuss the terms with their attorney, and be advised on their legal implications, and answer any questions the party may have. This is the time to make any changes to the agreement if needed. Depending on the case and the mediation, the parties can enter into an agreement that fully resolves the case, such as a Marital Settlement Agreement, or a temporary agreement, such as a temporary custody agreement, or a partial agreement. Why should I choose mediation? Mediation gives you a say in the outcome in your divorce or custody case. There is a significant amount of risk in taking a case to trial and ultimately the decision is left up to the Judge. Mediation can also resolve a divorce or custody case faster than litigation—especially at the time of writing this blog post. Courts are backlogged due to the COVID-19 pandemic and the subsequent closure of the courts. If you have a mediated agreement, you can close out the case quicker than waiting for trial. Mediation can also be less expensive than litigation. If the parties are in agreement to fully disclose information as part of the mediation process, it will save money because the attorneys will not have to try to get information from someone unwilling to provide it. Do you have specific questions about divorce or custody mediation in Maryland? Contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: Is A Marital Settlement Agreement Right For Me? Your Guide to Alimony in Maryland How Marital Property is Divided in Maryland Divorce The 10 Do’s & Don’ts of Divorce Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

Are you contemplating a divorce? Whether you are in the beginning stages or your mind is already made up, we encourage you to consider these ten things before you proceed with a divorce. These suggestions are made generally and do not constitute specific legal advice. All cases and situations are different, so you should always consult with a family law attorney before taking any action that may impact your case. If you have any questions about divorce or the divorce process in Maryland, please reach out. Wasserman Family Law is here to help. Schedule a consultation with a trusted family law attorney. Your attorney will be your go-to resource and advocate throughout the divorce. Even if you are not ready to proceed with a divorce, it is important to understand your rights under the law and to prepare yourself for all potential outcomes. Start organizing your financial documents. Your attorney will want to see these documents for the divorce. You can run a credit report to see what accounts are in your name. You should make a list of the financial accounts, assets, and liabilities you are aware of and the balances. Keep an eye out for what is coming in the mail. If you do not know much about the family finances, you may want to pay attention to the mail that comes to your house. Make a note of what looks like it could be an account statement or a bill so your attorney can follow up on it at the appropriate time. Secure personal property that is irreplaceable. If you have personal property that has sentimental value to you, make sure that it is stored safely, so that it cannot go missing after the divorce is underway. Do not sell any personal property before speaking to your attorney. Determine what financial resources you have. You will need financial resources to pay your attorney and to support you and your dependents during the divorce. If you do not have access to your own funds, speak to your attorney about the various options for borrowing money or receiving gifts. Create a new, personal email account. You will want a way to communicate with your attorney and other professionals during the divorce process. If you share an account with your spouse, you should consider creating a new account, so your conversations remain private and separate from your current email inbox. Change passwords to important accounts. Similar to changing your email account, if your spouse knows your email or phone password, you may want to consider changing them. Create a support system through a professional or a personal confidant. Divorce is emotional and challenging. We encourage you to find a therapist, family member, or close friend that can help support you throughout the process. Start thinking about what you really want. Divorce can get messy fast. Think about what your priorities are and the things which you are willing to compromise. The last thing you want is to spend time and money arguing over something that is not important to you. Proceed on your own timeline. Divorce is a serious, life-changing decision. Take the time to seek information, get a plan in place, and make the right decisions for you. If you have questions about divorce in Maryland, contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: Demystifying the Divorce Process in Maryland: Part 1 Your Guide to Alimony in Maryland How Marital Property is Divided in Maryland Divorce The 10 Do’s & Don’ts of Divorce Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

For many, divorce or custody cases are the first experience working with an attorney or dealing with the Court. At Wasserman Family Law, we walk our clients through the legal process one step at a time, so they know what to expect. In this blog series, we will discuss the typical court process in a divorce or custody case in Maryland, in the hopes of demystifying it. In Part 1, we covered how a divorce or custody case gets started and begins the legal process. In Part 2, we discussed what happens leading up to the trial. In Part 3, the final part of this blog series, we explain how divorce is finalized through a settlement conference or trial. If you have any questions, please reach out. Our team is here to help guide and advocate for you. Step 8: The Settlement Conference Many divorce or custody cases are scheduled for a Settlement Conference or Pre-Trial Conference before the case is given a trial date. A Settlement Conference is a final opportunity to settle the case outside of a trial. The parties and their attorneys meet with a settlement officer (usually a retired judge, or a volunteer attorney) to try and work together to resolve all issues. In some cases, the parties may be required to complete a joint statement identifying all property at issue and what each side’s position is on custody before the conference. If all of the issues are resolved and agreed upon in a Settlement Conference, then the case will be closed. The parties will put the agreement on the record and finish up the case shortly thereafter. If the case does not settle, then the case will be assigned a trial date. Step 9: The Trial Trial is the final step of a divorce or custody case. A trial is when both parties show up at the Court, call witnesses to testify, present their evidence to a judge, and make a case as to why the relief they requested back in their initial Complaint should be granted. It should be noted that going to trial is a complicated, lengthy, and time-consuming process. The trial process is not easy to navigate. Your attorney is trained to understand the rules of the trial, knowing what is and is not allowed, and what the laws are regarding your case. Your attorney will help you prepare for trial so you know what to expect and how to present your best self in front of the Court. They will also ensure you have the best argument for your case. After the arguments are made for each party’s case, the judge will then consider the evidence presented in conjunction with the law to make a ruling. Judges have wide discretion when it comes to ruling on cases. The judge can grant you and/or the other party the relief requested, or they can come up with a result that neither party asked for. The point is, the judge will make a ruling that they think is most appropriate for the case and in the best interests of everyone involved. If you are unhappy with the judge’s ruling, there are post-judgment relief options available. You should consult with your attorney to see if there are any post-judgment relief options available for your case and how best to proceed. Do you have questions about the divorce or custody process in Maryland? Contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: FAQ: Child Support in Maryland Your Guide to Alimony in Maryland How Marital Property is Divided in Maryland Divorce The 10 Do’s & Don’ts of Divorce Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

For many, divorce or custody cases are the first experience working with an attorney or dealing with the Court. At Wasserman Family Law, we walk our clients through the legal process one step at a time, so they know what to expect. In this blog series, we will discuss the typical court process in a divorce or custody case in Maryland, in the hopes of demystifying it. In Part 1, we covered how a divorce or custody case gets started and begins the legal process. In Part 2, we will discuss what happens leading up to the trial. If you have any questions, please reach out. Our team is here to help guide and advocate for you. Step 5: Services, Mediation, and Parenting Classes In divorce and custody cases that involve children, the Court will most likely order the parties to attend mediation. Mediation is a confidential process in which a neutral third party—the mediator—facilitates a discussion in the hopes that an agreement can be reached. If an agreement is reached on any issue, then it will be reduced to writing to be reviewed by each party’s lawyers. If everyone approves of the terms of the agreement, it can be signed and entered as a court order. During mediation, you have control over the process and the potential outcomes. Depending on the issues, mediation can take place over several sessions. The people in mediation decide the topics and the order of the discussions. But, if you cannot reach an agreement in mediation, then you just resume the regular court process. Anything said in mediation is confidential and cannot be used as evidence at trial. The mediator also cannot be called to testify as a witness for either side regarding what was—and was not—said during the mediation. In Maryland, all custody cases (except for those involving abuse) are required to attend mediation. In addition to child access, parties also choose to attend mediation to resolve issues of financial support and division of property. The ultimate goal of mediation is for parties to take control over the outcome of their case and avoid lengthy and expensive litigation. And, for those facing a one-year separation to file for divorce, a mediated agreement would allow them to file in court much sooner under “mutual consent” grounds. In addition to mediation, parents are also usually ordered to attend co-parenting classes. But do not be confused by the name—these classes are not designed to teach how to parent. Parenting classes are designed to help you learn how to co-parent with someone you are separated from. Most of the classes are offered online and you get a certificate of attendance upon completion. Once you have completed your parenting classes, you should provide your certificate to your lawyer. Step 6: The Discovery If you reach an agreement in mediation, it is not binding until it is put into an Order and signed by parties. If an agreement is not reached in mediation, then the trial process resumes. Discovery is the process by which each side gathers evidence for their case. Each side can ask the other for certain documents to help build their case including bank statements, emails, text messages, pictures, etc. Each side can also ask that certain questions are answered in writing and under oath—a promise that the statements are true in a court of law. Subpoenas can also be issued to gather more evidence. A subpoena is when a person is ordered to answer a series of questions under oath, known as a deposition. Witnesses and experts can be subpoenaed to provide evidence to support a case. The discovery process is often long and complicated. There are very specific rules that must be followed every step of the way. Your attorney will guide you through the discovery process to ensure every step is followed and works towards the best possible outcome of your case. Step 7: The Pendente Lite Hearing Pendente Lite means “pending the litigation”. A Pendente Lite hearing applies to court orders that take effect while the divorce or custody case is pending. For example, the Court may hold a hearing for temporary relief if there are disputes over timely financial circumstances, ongoing bills, custody issues, etc. In a Pendente Lite hearing, the Court will hear testimony from witnesses and evidence will be presented. Each side will argue for what they want in terms of temporary relief. The Court can issue orders on temporary custody, child support, alimony, use and possession of the home and contents, and legal fees. The hearings are meant to provide temporary relief for specific issues and are not meant to address all of the issues in a divorce. The hearings usually last from a few hours to one day. In the next part of this blog series, Demystifying the Divorce Process in Maryland, we will explain how a divorce is finalized through a settlement conference or trial. Do you have questions about the divorce or custody process in Maryland? Contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: Demystifying the Divorce Process in Maryland: Part 1 FAQ: Child Support in Maryland Your Guide to Alimony in Maryland How Marital Property is Divided in Maryland Divorce The 10 Do’s & Don’ts of Divorce Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

For many, divorce or custody cases are the first experience working with an attorney or dealing with the Court. At Wasserman Family Law, we walk our clients through the legal process one step at a time, so they know what to expect. In this blog series, we will discuss the typical court process in a divorce or custody case in Maryland, in the hopes of demystifying it. Part 1 will cover how a divorce or custody case gets started and begins the legal process. If you have any questions, please reach out. Our team is here to help guide and advocate for you. Step 1: The Filing of the Complaint Before you file, you should hire a family law attorney. Your family law attorney can advise you of the options you have for your case and help you prepare the first case filing, called the Complaint. The filing of the “Complaint” is how a case is started. The party who files first (the “Plaintiff”), uses the Complaint to inform the Court of the issues in dispute and explain the relief they are seeking. For instance, if you are filing a Complaint for Divorce, you may ask the Court to grant you a divorce, to have exclusive use of a family home, or to be awarded custody or child support. The Complaint is also where you let the Court know the basis for filing your case. The Court wants to make sure you have grounds for bringing your suit and that you have filed in the correct jurisdiction. The Complaint does not have to include every single piece of evidence and the entire history of your relationship. If you are also seeking financial relief, like child support or alimony, you will need to include a financial statement with the Complaint. Step 2: Service of the Complaint Once the Complaint is filed, the Court will issue a “Summons.” The other party (the "Defendant"), must be given notice of the Court filing. This is done by serving the Summons and Complaint on them. The law requires that service be done in a specific way and under a specific deadline. Your family law attorney will ensure the Summons and Complaint are properly served on your spouse. If service is not proper, it can delay your case or cause it to be dismissed. If your spouse evades service, your attorney can file paperwork to have them served in a different method. Regardless of the circumstances, there are always ways to proceed with your case. Step 3: The Answer and Counterclaim After the Complaint and Summons are served, the other side has a certain amount of time to file a formal “Answer” to the Complaint. The amount of time to respond depends on whether your spouse lives in Maryland (30 days) or outside the State of Maryland (60 days). Your spouse can also choose to file a “Counterclaim,” which is like the Complaint filed by the Plaintiff, but it outlines the relief the Defendant is requesting from the Court. If your spouse does not file an Answer, then they can be found in “Default,” and there is additional paperwork your attorney will need to file so that the case can proceed in their absence. The process to get the Court to enter an Order of Default in a case can be tricky, and it is best to consult your attorney when trying to obtain the entry of an Order of Default. Step 4: Scheduling Conference Once the Answer is filed (or the Default is entered), the Court will set your case in for a “Scheduling Conference.” A Scheduling Conference is not a trial, and this is not the time where a judge will hear testimony and evidence. It is a meeting with the Court to assess the issues, see if there are any opportunities for resolution, and set the case in for future services and hearing dates. It is necessary to be prepared for the Scheduling Conference because, depending on the jurisdiction and your case, it is the proper time to ask for services such as drug testing, a custody evaluation, or screening for a psychological evaluation. Your attorney will ensure you are prepared, and your concerns are addressed. At the Scheduling Conference, you will get an order listing important deadlines and dates in your case. This order becomes the roadmap for your case. In the next part of this blog series, Demystifying the Divorce Process in Maryland, we will explain what happens after the scheduling conference is complete. Do you have questions about the divorce or custody process in Maryland? Contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Read next: FAQ: Child Support in Maryland Your Guide to Alimony in Maryland How Marital Property is Divided in Maryland Divorce The 10 Do’s & Don’ts of Divorce Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

The recent news of Bill and Melinda Gates’ billion-dollar divorce sheds light on an often complicated aspect of the dissolution of a marriage—how marital property is divided. The couple acquired several assets since the onset of their marriage, including vacation homes, stocks, rare artifacts, and the Bill and Melinda Gates Foundation. With the rise in couples divorcing later in life, also known as “gray divorce”, many spouses also find themselves in complex situations when it comes to dividing their marital property. Marital property can be a complicated issue in a divorce settlement or trial. It is important that your family law attorney understands the laws specific to the State of Maryland (as it differs from State to State) and has experience handling the division of marital property. At Wasserman Family Law, our team can help. Continue reading to learn more about marital property and what to expect in a Maryland divorce: What is marital property? Generally, marital property is all property or assets acquired by one or both parties during the marriage, regardless of title. Certain items, such as an inheritance given to just one spouse, gifts, or property excluded by agreement, may not be considered marital property. Common types of marital property include: · A home or property that was purchased during the marriage · A vehicle · Home furnishings and possessions · Savings and checking accounts or financial investments · Retirement accounts How is marital property divided? The Court must follow a three-step process when determining the division of property upon divorce. The Court must identify all property, and classify each as “marital” or “non-marital”; The Court must determine the value of all the marital property; The Court must then apply ten legal factors to divide the marital property and make an award to balance the equities. The state of Maryland operates as an “equitable distribution” state. This means the Court will divide marital property fairly, but not necessarily equally, amongst both parties. A judge will examine ten factors during Step 3 when deciding how to divide marital property, including, but not limited to: How much each spouse contributed to the family and household during the marriage; If one spouse has received alimony; The duration of the marriage; The financial circumstances of each spouse; When and how large assets, such as a home, property, or vehicle were purchased; The approximate value of marital property and assets; The overall mental and physical health of each spouse; and The circumstances that contributed to the divorce (such as having an affair) What about property owned before marriage? In most cases, assets purchased or acquired before the marriage will remain with the spouse that owns it. Items such as gifts or an inheritance that are given to just one spouse, even if they are given to them during the marriage, may remain the sole property of that spouse Even if the property is non-marital, it still must be considered in the overall picture of dividing up marital property in a divorce. How is debt divided? Shared debt can be a complicated aspect of a divorce. In general, a Court can only consider “marital debt” during a divorce – meaning a debt that is directly traceable to the acquisition of marital property. This can include a mortgage on a home or a lien on a vehicle. In Maryland, a judge will determine what debts are marital, and how that factors into the overall division of marital property and a monetary award. Non-marital debts, such as credit card debt accrued before the marriage, will often remain the responsibility of the spouse that owns it unless the parties agree otherwise. The Court cannot reassign credit card debts. They can; however, award a party a monetary award if one is taking on more debts than the other in the divorce. Contact us with any questions We understand that issues like the division of marital property are nuanced. We are here to help you understand your options and determine the best way to proceed in your case. If you or someone you know needs legal representation for a divorce settlement involving marital property, contact our firm today. When you choose to have us represent you, know that you are never alone. We are committed to providing families with solutions, one piece at a time. Please contact Laurie Wasserman at laurie@wassermanlawoffice.com or call our main number 410-842-1070. For the foreseeable future, we will be available by telephone and virtually to serve our clients. Next Reads Your Guide to Alimony in Maryland Is A Marital Settlement Agreement Right For Me? The 10 Do’s & Don’ts of Divorce Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

In April 2021, I was honored to present for the Maryland State Bar Association’s (MSBA) Best Interest Attorney training. Over 100 family law attorneys, including Steffani Langston, participated in the 6-hour training to become certified to represent children in contested custody cases. We know Steffani will do an amazing job representing children! The team at Wasserman Family Law is passionate about representing children because the work allows us to represent what is in a child’s best interest in a custody dispute. As Court-Certified Child’s Attorneys, Steffani and I can give a voice to children who otherwise could be taken advantage of, or not properly heard. We serve as their advocates in Court in the hopes that they do not need to come to Court to share their wishes. In Maryland, three different types of Child’s Attorneys are appointed for specific reasons: Best Interest Attorneys, Child’s Advocate Attorneys, and Child’s Privilege Attorneys. Here is what you need to know about each of these roles. Best Interest Attorney A “Best Interest Attorney” represents a child in a custody case. As the name states, their goal is to advocate to the Court what is in the best interest of the child. In this capacity, a Best Interest Attorney will decide on what custody arrangements are best for the child and must tell the Court what the child desires. However, the Court has no obligation to accept the child’s wishes. If the judge believes that the child’s best interest aligns with a different custody arrangement, the judge will make his or her own determination. A Best Interest Attorney can be appointed for children of any age. Child’s Advocate Attorney A “Child’s Advocate Attorney” represents a child in a custody case and is bound by what the child wants in terms of custody. A Child’s Advocate’s goal is to help uphold what the child wishes. Child’s Advocate Attorneys are traditionally appointed for children that are older and are deemed mature enough to make decisions for themselves. The Court will also appoint one if the child’s interests are significantly different from that of the parents Child’s Privilege Attorney A “Child’s Privilege Attorney” represents a child to determine whether that child’s privilege with respect to therapy should be asserted or waived for the child custody case. Their goal is to ensure that the privacy of the child is protected in Court unless it is necessary to release such information. In a custody case, parents cannot force children or children’s therapists to divulge private information from therapy sessions. However, the Court may override this privilege in special circumstances. The Child’s Privilege Attorney helps to determine whether the private information should remain so, or if it is in the child’s best interest that the information be available to the court. When to Appoint a Child’s Attorney Pursuant to Maryland Rule 9-205.1, the Court will consider the following factors when determining whether to appoint a Child’s Attorney: High level of conflict; Inappropriate adult influence or manipulation; Past or current child abuse or neglect; Past or current mental health problems of the child or party; Special physical, educational, or mental health needs of the child that require investigation or advocacy; Actual or threatened family violence; Alcohol or other substance abuse; Consideration of terminating or suspending parenting time or awarding custody or visitation to a non-parent; and Relocation that substantially reduces the child's time with a parent, sibling, or both. A Child’s Attorney may also be appointed if one or both parties request the appointment. The Court may also consider other factors that are relevant when deciding to appoint a Child’s Attorney. If you have questions about child’s attorneys, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Recommended Next Reads: The 10 Do’s & Don’ts of Divorce 10 Key Events in the Divorce Process What to Expect: Meeting Your Family Law Attorney for the First Time Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

Parent Coordination is a dispute-resolution process for parents who need assistance making decisions for their children. Rather than call an attorney or go through the often lengthy and expensive trial process, parents who continue to have disputes can hire a certified Parent Coordinator (“PC”) to resolve important issues promptly and in a cost-effective manner. While each PC handles his or her process differently, here is a general idea of what to expect with the Parent Coordination process: 1. Hire a Court-Certified Parent Coordinator First, you will select a certified PC to handle your Parent Coordination meetings. In the state of Maryland, Parent Coordinators must complete 100 hours of specific training. The training teaches PCs how to work with high-conflict families, the developmental stages of children, conflict resolution, and useful parenting skills. Parent Coordinators also participate in annual continuing education to maintain certification. 2. Sign the Parent Coordination Agreement Before your first meeting, both parents must sign a Parent Coordination Agreement and pay the required retainer. The Parent Coordination Agreement contains important information regarding the PC process and decision-making. If any Court Orders, Agreements, or Parenting Plans exist, those should be sent to the PC as well. 3. Schedule the Parent Coordination Meeting Next, you and your PC will schedule the first Parent Coordination meeting. Both parents must agree on a time to meet with the PC. Some PCs, like Laurie Wasserman, can meet virtually via video conference call if preferred. The frequency of meetings will depend on your circumstances, or what the Court has ordered. In most cases, you can expect to meet with your PC once a month for 2 hours. As time goes on, you and your co-parent can meet virtually via video conference call if preferred. ewer meetings will be necessary. 4. Prepare for the Meeting Before each session, the PC will ask the parents for an agenda so both of you are aware of what issues each parent wants to discuss. Issues can include, but are not limited to: Adjusting visitation dates and times, as long as they do not significantly alter Court-ordered agreements Transportation to and from visitation Scheduling vacations and holidays Schedule activities for the children Family rules (e.g. discipline, bedtime, allowance, diet, hygiene) Education issue Medical issue Frequency of contact with children Parent intercommunication 5. Attend the Meeting During your meeting, your PC will guide you through the agenda that was submitted before the session. Your PC will help you and the other parent discuss each issue and try to reach a solution. If you and your co-parent cannot reach a shared decision, your PC may act as the tiebreaker and make a decision that is in the best interest of the children. The PC’s authority is dictated by the Parent Coordination Agreement, Court Order, or agreement of the parents. 6. After the Meeting After the PC meeting, the PC will send you and your lawyers a summary of the issues discussed, and the resolutions reached. This summary will serve as an official record of the meeting and could be used by you and your lawyers for purposes of settlement or Court. 7. In-between Parent Coordination Meetings Parents are bound to the decisions made during Parent Coordination sessions unless the Court orders otherwise. So, in between sessions, you should implement the resolutions as discussed. As conflicts arise, make a note of them to add to the next meeting agenda. The goal of Parent Coordination is to give parents the tools to make important decisions for their children without the aid of the PC. Until that time, the PC will continue to work with the parents to work through various disputes. Are you ready to start the Parent Coordination process? Please contact Laurie Wasserman at 410-842-1070 or laurie@wassermanlawoffice.com. Read next: Is “Parent Coordination” Right For You and Your Ex? How Parent Coordination Can Resolve Disagreements About Your Children Top 10 Reasons to Use a Parent Coordinator for Custody Disputes Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

In today’s digital world, we email and text in place of phone conversations or talking in person. We rarely think about the paper trail that follows these actions. However, emails and text messages are frequently used as evidence in divorce and custody cases. This also includes messages sent through Instagram, Facebook Messenger, Google Hangouts, and any other program that allows messages to be sent back and forth. A few years ago, our team handled a high-conflict divorce. As commonly occurs nowadays, the text conversations between the spouses needed to be submitted to the Court as exhibits for examination. One spouse had saved the other’s contact as a curse word, exemplifying their ill feelings towards them. The spouse did not care to change the name before printing the text messages to submit to the Court. Needless to say, the Court was not happy! Although you may prefer or need to communicate with your spouse or ex via email or text, we encourage you to write as if the Court will read your conversations—because chances are, they will. Here are a few tips on how to avoid misrepresenting yourself through text messages and emails: Remember Your Audience When sending communications, you are not only writing to your ex, but you are writing to the Court. We suggest that clients write their communications as if they are going to their employer. It should be polite in tone and productive in message. If you want to rehash the past, save that for your therapist, with whom you will have patient confidentiality. Be Factual and Avoid Subjectivity In legal proceedings, it is critical to get the facts straight as much as possible. If you reference contradictory moments or events during the time spent with your former partner, it can add unnecessary complications to your case. If you bring up an event that does not fall in line with the recollection of your former partner, it can quickly devolve into a case of “he said, she said.” While no one is expected to remember every single detail of their time together with their former partner, stick to undisputed facts in your text messages and emails and, for the rest, “agree to disagree”. Avoid Aggressive Language Emotions run high during divorce proceedings and custody battles, and it is never a good idea to share your aggression in text messages or emails. Avoid threatening language and childish name-calling in your texts and emails. The last thing you want is for the Court to make an inaccurate judgment of your character based on things said during your most heated moments. If possible, write your message in draft form, step away from it for an hour or two, and come back to re-read and edit it. But Always Say What You Mean The motivation behind submitting texts and emails as supporting evidence varies from case to case. The only true control you have over correspondence with a former partner is how you choose to present yourself. So, be firm in your messages and your positions. Effective online communication comes down to being straightforward, as opposed to taking a non-committal position. It is sometimes better to respond to an inquiry with, “I need 24 hours to consider,” as opposed to giving a non-committal answer. In custody cases, the ability to make decisions is a consideration. When in doubt, always remember the old legal adage, “Dance like no one is watching; email like it is being read aloud at your deposition.” If you have questions about family law, please contact Laurie Wasserman at laurie@wassermanlawoffice.com or 410-842-1070. The legal team at Wasserman Family Law is here to help guide and advocate for you. Recommended Next Reads: The 10 Do’s & Don’ts of Divorce 10 Key Events in the Divorce Process What to Expect: Meeting Your Family Law Attorney for the First Time By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. ted. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts o f your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.

Many parents continue to have disputes during or after the litigation ends. Without swift access to court, parents need a dispute resolution process to address important issues in a prompt and cost-efficient manner. Parents can accomplish this by utilizing the services of a Parent Coordinator. Here is everything you want to know about Parent Coordination: 1. What is Parent Coordination? Parent Coordination is a dispute-resolution process designed to help parents (1) develop an agreed plan for custody and visitation if no plan is in place and (2) resolve disputes over existing Court Orders and Parenting Plans. In short, Parent Coordination is a way to problem-solve cost-effectively. 2. What is a Parent Coordinator? A Parent Coordinator is a trained, impartial third-party who works with parents to reach a fair compromise on issues relating to their children. If the parents are unable to reach an agreement, the Parent Coordinator can serve as the tiebreaker and issue a written decision as authorized by the parents. The parents agree to be legally bound by the decision until a Court determines otherwise. 3. What type of training does a Parent Coordinator have? To be certified, Parent Coordinators complete 100 hours of training, as outlined in the Maryland Rules. Areas covered in the training include working with high-conflict families, developmental stages of children, conflict resolution, and parenting skills. Parent Coordinators also participate in annual continuing education. 4. What is the role of a Parent Coordinator? The Parent Coordinator should: Assess each family’s needs and the conflicts facing them; Identify the issues that are impacting co-parenting; Facilitate structured discussions to resolve conflicts; Maintain boundaries and decorum during meetings; Educate parents on making and implementing decisions that are in the best interests of their child(ren); Suggest appropriate resources for the parents to assist with decision-making; Aid parents in interpreting and implementing their existing Orders and Agreements; and Document all agreements reached by the parents or decisions reached by the Parent Coordinator. ​​ 5. Is Parent Coordination right for you? Parent Coordination is designed to resolve disputes between parents who are unwilling or unable to communicate effectively, make joint parenting decisions, comply with existing parenting agreements, or shield their children from parental conflict. If you and your co-parent have engaged in contested litigation, have difficulty communicating, or spend much of the time arguing, this process may be right for you. 6. What are the benefits of Parent Coordination? Parent Coordination saves parents time and money. Rather than paying lawyers to act as the go-between for disputes, the parents communicate with each other in a structured setting and attempt to resolve the issue. If the parents cannot resolve the issue, the Parent Coordinator can make the decision on their behalf as authorized. ​ 7. How is Parent Coordination different from mediation? Parent Coordination does incorporate mediation techniques to resolve the dispute. However, there are some major differences between Parent Coordination and mediation. Unlike mediation, Parent Coordination is not a confidential process. A Parent Coordinator can share anything said at the session with the parents, lawyers, and the Court. A Parent Coordinator is impartial, while a mediator is neutral. This means that while a Parent Coordinator has no allegiance to either parent, the Parent Coordinator can take a side on a disputed issue and serve as a tiebreaker. In mediation, the mediator does not take a parent’s side on any issue. Parent Coordinators have authority whether stipulated to by the parents or ordered by the Court. Mediators have no authority when it comes to dispute resolution. 8. What issues can a Parent Coordinator resolve? The Parent Coordinator may be the tiebreaker if decisions are not agreed upon by the parents after a good-faith discussion on the following topics: Adjustments to visitation (dates and times) that do not substantially alter the basic time-sharing arrangement; Transportation to and from visitation, who goes to whom, location of exchanges, punctuality, consequences for missed visitation; Scheduling of vacations and holidays; Scheduling activities for the child(ren), including afterschool activities, extracurricular activities, and camps; Family rules and routines: bedtime, allowance, diet, clothing, shoes, haircuts, hygiene, discipline, etc.; Issues relating to education, including tutoring and homework; Medical issues, including whether a child should be in therapy; Contact with child(ren), i.e. telephone calls, frequency, and time; Roles of and contact with significant others, romantic interests, and extended families; Participation in parenting time by significant others, relatives, etc.; Parent communication, e.g. email, phone, exchange logs; Exchanging clothing and personal possessions of the child(ren); and Other related custody issues that the parents mutually agree, in writing, to submit to the Parent Coordinator. As part of the Parent Coordination process, the parents agree to be bound by the decision of the Parent Coordinator unless and until the Court orders otherwise. ​ 9. What are the limitations of Parent Coordination? The Parent Coordinator cannot determine or modify physical custody or legal custody. The Parent Coordinator can; however, facilitate discussions between the parents on these issues. If the parents do reach an agreement on physical custody or legal custody, the Parent Coordinator will memorialize the agreement and send it to the lawyers to incorporate into a binding Order. 10. Do I need to bring my lawyer/child/significant other to Parent Coordination? No. Only parents can attend sessions. During sessions, the Parent Coordinator takes careful notes of the issues being discussed and any resolutions reached. After each session, the notes are summarized into a memorandum and shared with the parents and their lawyers. The memorandum serves as the official documentation of the meeting and keeps lawyers apprised of what is happening in our sessions. ​ 11. How often do the parents meet with the Parent Coordinator? The parents shall meet as frequently as is deemed appropriate by the Parent Coordinator and the parents (and/or counsel) or as ordered by the Court. For the first three months of Parent Coordination, the parents should plan to meet once per month. A typical meeting is scheduled for 2 hours. Regular meetings are important to build trust between the parents and the Parent Coordinator. As parents learn how to resolve disputes outside of the Parent Coordination setting, fewer meetings are needed. 12. What should parents expect at meetings? Parents should expect that the Parent Coordinator will be impartial and work hard to solve the problems that their family is facing. Parents should also expect to behave respectfully towards each other and that each parent would have the opportunity to be heard on the issue in dispute. 13. How should parents prepare for meetings? Before the meeting, each parent must sign a Parent Coordination Agreement and pay the required retainer. It would be helpful to provide copies of any existing Court Orders, Agreements, or Parenting Plans to the Parent Coordinator prior to the first meeting. Before each meeting, the Parent Coordinator will ask parents to submit an agenda via email, so each parent is aware of the issues that will be discussed and has time to prepare for the session. 14. How do we start the Parent Coordination process? Please contact the office at 410-842-1070 or laurie@wassermanlawoffice.com to schedule and obtain a copy of the Parent Coordination Agreement. If you have questions about Parent Coordination, contact Laurie Wasserman at laurie@wassermanlawoffice.com or call our main number 410-842-1070. For the foreseeable future, we will be available by telephone and virtually to serve our clients. Read next: Is “Parent Coordination” Right For You and Your Ex? How Parent Coordination Can Resolve Disagreements About Your Children Top 10 Reasons to Use a Parent Coordinator for Custody Disputes Disclaimer: Opinions and conclusions in these blog posts are solely those of the author unless otherwise indicated. The information contained in this blog is general in nature and is not offered and cannot be considered as legal advice for any particular situation. For legal advice, you should directly consult a lawyer to discuss the specific facts of your matter. By reading this blog, you acknowledge that there is no attorney-client relationship between you and the author. Any links provided are for informational purposes only and by doing so, the author does not adopt or incorporate the contents. The author is the legal copyright holder of all materials on the blog, and they cannot be repurposed without permission.