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On October 1, 2020, the way in which child support is calculated in Maryland will change. Under the current law, there are two ways in which child support is calculated: sole physical custody to one parent, or shared physical custody between both parents. Currently, when a parent has physical custody of their children more than 35% of the time (or 128 overnights), child support is calculated using a shared custody model. Beginning in October, child support will continue to be calculated under either sole physical custody or shared custody model. However, the percentage of time a parent has physical custody of their children in order to be considered “shared” custody under the guidelines will decrease to 25% of the time (92 overnights). Child support is then calculated based on the percentage of time the children spend with each parent. Under the new law, if a parent has shared physical custody of their children more than 25% percent of the time, but less than 30% of the time, there are new calculations for each increment between 25% and 29%. The new law will change the number of overnights a parent needs to have “shared physical custody” by 36 overnights per year and will allow the parent having 92 or more overnights per year get the benefit of paying shared physical custody child support guidelines (which are usually less than primary physical custody). This law will not be applied retroactively. It only applies to cases to establish or modify child support filed after October 1, 2020. If you have questions about child custody or this new law, please email 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.

Two years ago, on May 15, 2018, I opened the doors to my own firm, Wasserman Family Law. That day was spent sitting on the cold floor of my empty office, with a laptop plugged into the wall and my cell phone by my side. By the end of my first day, the movers showed up with folding tables and chairs for furniture and boxes of supplies that had no place to be housed until months later. It was modest, but it was mine. Fast forward two years later and we are now a firm of six. My team is now comprised of two Associate Attorneys, a Paralegal, a Practice Group Manager, and an Administrative Assistant. We expanded and remodeled our space twice to accommodate the growth. 2020 was going to be my year to level out a bit and adjust to the all of the wonderful changes that made the firm a success. Then the pandemic hit. Suddenly, my plans for the year were changed and we have spent two months and change working together, but apart in our own homes. I could not have planned for this, but my team has adapted wonderfully. We have no idea when we will return to our office or our pre-pandemic pace, but I know that we will come out of this stronger than ever. The past two years of owning a law firm have been amazing. They have also been downright scary at times. I have learned and grown as a business owner. These are some of my lessons learned in the last two years: 1. Take care of those who take care of you. It is my obligation as a leader to support my team in the same manner I expect them to support me—with respect, loyalty and great care. During this pandemic, everyone has remained employed and paid fully. They are doing the work that is asked of them when I ask them to do it. While the work has slowed down somewhat, I hope they use this time to rest because, in all likelihood, the tsunami of divorces will be arriving as soon as people can move into separate residences. 2. When something is not right, fix it immediately. Whether it is a client who will not pay or listen to you, or a tough decision that needs to be made, the longer you wait to address the situation, the worse it will get for you. At the end of the day, I am responsible for my business running smoothly. If I do not deal with my problems, then I will be responsible for the consequences. 3. Give more than you get. My best referral sources are my direct competitors. I get more business from other lawyers than I do anywhere else. I believe I get these referrals not only from doing good work, but from giving back more than I get in return. I freely share my resources and network with my competitors. By sharing, I am helping my referral sources grow their business successfully, and in turn, they help me grow mine. 4. Lift others up. Whether it is my team, my referral sources, or my clients, I am hopeful that everyone will be successful. I am of the firm belief that someone else’s bright light does not dim mine. One of my favorite parts of being a business owner is that I have helped others start their own businesses. It has become a true love of mine to see friends and colleagues find their path towards business ownership. I expect nothing of value in return. However, seeing how happy they are makes me feel full. I hope that each year I come back to this and add to it with additional lessons. Owning a business is not without challenge and sacrifice, but I am so fortunate to have an amazing team supporting me. For those who are thinking of going out on your own—do it. There is never a better time than now. I have your back and will gladly get a cup of coffee with you (even a virtual one) to share with you my lessons of business ownership. If you would like to catch up, please email at laurie@wassermanlawoffice.com or call our main number 410-842-1070.

The Maryland Courts are closed through June 5, 2020. However, this does not mean that divorce cases are at a standstill. A lot can be accomplished through Alternative Dispute Resolutions and our team is here to help guide you through this time. Let’s take a closer look at four options which would allow you to get divorced quickly: 1. No Fault Divorce: the mutual agreement A “No Fault Divorce” can be obtained while the Courts are closed if you have a signed Separation Agreement and both spouses agree to get a divorce. This does not require a physical separation or a waiting period. 2. Settlement Negotiations: the negotiation Our clients often choose to negotiate settlement agreements instead of litigating in court. The spouses and their respective attorneys work together to create a legal document that outlines all divorce resolutions. For example, a Separation Agreement (also referred to as a Marital Settlement Agreement) is used to resolve issues of child custody, child support, alimony, division of property, debts, and other financial issues. With a signed Separation Agreement resolving all issues arising out of the marriage, a client can get divorced without having to wait for a one-year physical separation. 3. Mediation: the confidential, facilitated discussion Mediation is a voluntary, confidential process. The mediator facilitates a discussion to help the parties reach a solution that meets their needs. If an agreement is reached, that agreement will be reduced to writing. If no agreement is reached, then the mediator and the parties cannot testify as to what was said during mediation. There are many benefits to mediation. First, it can save time and money by getting the dispute resolved without having to go to court. While you can attend mediation with lawyers, you are not required to do so. However, you will be asked to take any agreement reached in mediation to your lawyer before signing. Another benefit to mediation is that it provides an opportunity for what is important to you and to listen to the other person’s perspective. In doing so, it can help you figure out how both sides can have their needs met. Many people prefer mediation to litigation because mediation allows you to control the outcome of your dispute. A mediated agreement can be much more detailed than a court order. Finally, studies have shown that many people who mediate do not return to court as often as those who litigate. Mediation gives people the choices, control, and voice they often do not get in court proceedings. 4. Parent Coordination: the cost-effective solution for co-parenting disputes ​ Many parents continue to have disputes during or after the litigation ends. Without swift access to court, these individuals need a process to resolve the dispute more quickly and less expensively. One way to quickly resolve these disputes is to utilize the services of a Parent Coordinator. ​ Parent Coordinators (or “PCs”) are non-confidential, impartial individuals trained to assist parties to resolve parenting conflicts outside of Court. PCs are focused on resolving relatively minor issues or impasses that would not warrant court interventions. Unlike counseling, which has the purpose of resolving underlying issues, or mediation, which seeks to reach a consensus, Parent Coordination focuses on a swift resolution and allowing parties to move forward. PC’s have the authority to make certain decisions if the parties reach an impasse, whereas mediation or counseling do not. Also, unlike the confidential process involved in mediation and counseling, PC’s have no duty of confidence to either party and can be called to testify at a hearing as an impartial witness to the parties’ conflicts and decision-making ability. If you have questions about divorce during this time, please email 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. Laurie M. Wasserman has obtained certifications in mediation and Parent Coordination. Mediation and Parent Coordination services can be conducted virtually or In-person.

Domestic abuse is a serious matter and can be heightened during times like now, where we are encouraging social distancing and quarantine. We are continuing to handle domestic abuse cases throughout this time and the courts are still open to handle these important proceedings. What is a Protective Order? A Protective Order is designed to protect a person from abuse. A court will issue the Protective Order to tell an abuser what they can or cannot do for specified things. If the abuser fails to follow the Protective Order, law enforcement has the right to immediately arrest them and take legal actions. Examples of Protective Orders include: No Contact: the abuser is not allowed to contact the victim at all (including in-person, phone calls, texting, emails, and letters) Peaceful Contact: the abuser can only contact the victim when discussing specified topics (e.g. making decisions about their children) Stay Away: the abuser is not allowed to come within a specified distance of the victim Move Out: the abuser must move out of the home No Firearms: the abuser must surrender all firearms to law enforcement for the duration of the order Counseling: the abuser must go to counseling for the duration of the order Abuse is defined as several actions, including: An act that causes serious bodily harm (e.g. hitting, choking, shooting, shoving, or biting) An act that places someone in fear of imminent serious bodily harm (including threats) Assault, rape, or sexual assault Mental injury to a child or minor Stalking To be eligible for a Protective Order, the person filing it must fall into one of these categories: Spouse of the abuser (current or former) Shares a child with the abuser (whether or not you were ever married) Lives with the abuser and has a sexual relationship or has lived together for at least 90 days Related to the abuser (including through marriage or adoption) Has had a sexual relationship with the abuser (within the last year) What if I do not fall into the Protective Order categories? If you are not a person eligible for a Protective Order, you still may be eligible for a Peace Order. You must file for a Peace Order within 30 days of the act occurring. How can an attorney help me? An attorney will guide you through the Protective Order process and ensure you get the legal measures in place to increase your safety. Additionally, abuse hearings can have civil and criminal implications beyond just the Order of Protection and you will want an attorney to represent you during this time. If you need immediate assistance with a domestic abuse situation, please call the local authorities, or National Domestic Abuse Hotline at 1-800-799-7233 or text LOVEIS to 22522. If you have questions about domestic abuse cases during this time, please email 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.

None of us have ever experienced anything quite like the COVID-19 pandemic. For the first time, some of us have been suddenly thrust into the dual role of being a full-time employee and a full-time stay-at-home parent simultaneously. Some of us are getting into disputes about whether it is best to keep a child in one home to minimize the child’s potential exposure to the virus, instead of following the regular visitation schedule. And some of us are quickly and cooperatively coming up with new plans that address our children’s needs. But none of us had a plan for this before it happened. Which raises the question—should our parenting plans, marital settlement agreements, and court orders include provisions determining how we will handle pandemics? For example: in the physical custody provisions of our orders and agreements, should we include clauses that determine what will happen if the State of Maryland issues a “stay at home” order? Should the parent who has the child for more overnights during the year keep the child with him or her until the stay at home order is lifted? Or should the clause specify that even if a stay at home order is issued, the regular schedule will be followed unless the government expressly directs us not to leave our homes at all? Should the provision say that the regular schedule will be followed unless the parties create a plan for make-up-time before the time is missed? Would the parents’ professions, the parents’ failure to follow government directives, or the presence of other people in the parents’ homes be a factor? And in our legal custody provisions, should we include clauses specifying which parent will have the right to determine whether or not the child is allowed to leave the home, go to certain locations, or do certain activities? While these decisions normally fall within the decision-making power of the parent who has physical custody, they may be major decisions that affect the child’s health, education, and welfare during a pandemic. Hopefully, this situation is a once-in-a-lifetime occurrence. But—just in case it is not—we should learn what we can learn from it now and adjust our behavior accordingly. If we ever face a second pandemic, we should have to look no further for answers than our existing orders, agreements, and parenting plans. If you have questions about divorce during this unprecedented time, please email 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. If you are in a domestic abuse situation and need help, please call the National Domestic Abuse Hotline at 1-800-799-7233 or text LOVEIS to 22522. Domestic abuse is a serious matter and can be heightened during times like now, where we are encouraging social distancing and quarantine. Our attorneys will continue to handle domestic violence cases throughout this time. Courts are still open to handle these important proceedings.

Even the most amicable of divorces can be stressful. Now, with the COVID-19 pandemic added into the equation, emotions are running high for soon-to-be ex-spouses. We understand this situation is anything but ideal, but our team is here to help you. Here are our recommendations on how to get through the divorce process while living with your spouse during the COVID-19 pandemic: Create separate spaces. With Maryland under a stay-at-home order for the foreseeable future, you will need to create separate spaces within your home. This way, you and your spouse can take time apart without relying on public outings for relief. If you can have completely separate spaces, like an office that is solely yours, that is ideal. If all else fails, go for a walk. Take care of yourself and your well-being. These are trying times for all of us. Whether it is calling a friend, going for a short walk, or focusing on your breathing for a few minutes, you must take the time to focus on both your mental and physical well-being. If you usually see a therapist, move your sessions to phone or video calls. And limit the amount of time you spending reading or watching the news to help prevent anxiety. Focus on something other than your spouse. We all know how easy it can be to ruminate on how frustrating or annoying someone can be, especially when you are stuck with them while experiencing these emotions. So, direct your attention to something else. Schedule video calls with friends and family. Since you cannot go out to see friends and family, bring them to you. I am sure everyone is very familiar with their FaceTime and video chat apps by now and, although it does not substitute for the real deal, video calls are the perfect way to keep in touch with the outside world. Consult with your attorney. If you have questions throughout the divorce process, reach out to your attorney for guidance. We are staying on top of the law and how it is being affected by COVID-19 regulations. Our team is here to help, whether it is offering our services remotely, or helping navigate the legal system during this time of constant change and instability. This is a confusing time, and many of us are being faced with circumstances we never anticipated. Just remember, you have resources to help you through this. If you have questions about divorce during this unprecedented time, please email 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. If you are in a domestic abuse situation and need help, please call the National Domestic Abuse Hotline at 1-800-799-7233 or text LOVEIS to 22522. Domestic abuse is a serious matter and can be heightened during times like now, where we are encouraging social distancing and quarantine. Our attorneys will continue to handle domestic violence cases throughout this time. Courts are still open to handle these important proceedings.

Our attorneys are working diligently to advise and counsel our clients during these unprecedented times. Many families and family law practitioners across the country are facing similar challenges – How do we enforce custody orders during this time? What constitutes a family law “emergency”? How is child support effected during the crisis? Our attorneys are committed to staying at the forefront of this crisis within the realm of family law, and to navigate the waters that seem to be changing daily (sometimes hourly). On April 1, 2020, our attorneys attended a webinar hosted by Soberlink, Association of Family and Conciliation Courts, and Our Family Wizard, called “Co-parenting and Parenting Plans in a Tough Environment: Giving Guidance When it’s in Short Supply.” The speakers of the webinar were Judge Gerri Wong of the Ontario Court of Justice in Canada, and Annette T. Burns, a family law attorney in Arizona. Although Canada and Arizona are completely different jurisdictions than Maryland, it was apparent that attorneys across the country/continent all have the same questions and feelings regarding how to navigate family law cases and conflicts amid the pandemic. The most important takeaways from the webinar are the following: COVID-19 alone is not an excuse to deny parenting time. Mere potential exposure to COVID-19 is not, in and of itself, an “emergency” warranting an emergency hearing. Custody orders should still be followed unless the parents agree to an alternate arrangement. Neither parent has the right to unilaterally make decisions during this time. Use mediators and parent coordinators if possible. The courts are closed, there will be a significant backlog of cases when they are back up and running, and it will be months before a case filed during this time will be heard. Mediation and parenting coordinators are offering remote services, they can have expedited sessions, and can resolve the matter much quicker than the courts are able to. Child support must still be paid, even if you are laid off. However, if you are unable to make support payments, be honest and upfront to the other parent about your situation. Try to make an agreement with the other parent. Document the situation as best as you can. Although these are difficult and unprecedented times, it was helpful to know that everyone in the country is facing the same questions and challenges regarding custody, visitation and child support. — — — If you have questions during this unprecedented time, please email Laurie Wasserman at laurie@wassermanlawoffice.com or call our main number 410-842-1070. For the foreseeable future, we will work remotely and be available by telephone and virtually to serve our clients. We will be in touch with any clients impacted by the Court's closing as soon as we have more information. If you are a client who is having issues with custody/access during the quarantine, please do not hesitate to reach out. If you are in a domestic abuse situation and need help, please call the National Domestic Abuse Hotline at 1-800-799-7233 or text LOVEIS to 22522. Domestic abuse is a serious matter and can be heightened during times like now, where we are encouraging social distancing and quarantine. Our attorneys will continue to handle domestic violence cases throughout this time. Courts are still open to handle these important proceedings.

On Monday, March 30, 2020, our attorneys attended the Maryland Association for Justice (MAJ) webinar titled “Handling Child Visitation Issues Amid a Pandemic.” The webinar featured a panel consisting of a Judge and Family Magistrate from the Circuit Court for Howard County. The Judge and Family Magistrate answered time-sensitive questions about how the courts are dealing with family law cases amid the COVID-19 pandemic. Here are some of the most important and relevant takeaways from the webinar: Unless the parties agree otherwise, all court orders regarding child custody and access are still in effect. The Governor’s March 30, 2020 “Stay-At-Home” Order does not affect custody orders, and parents should still abide by the terms and provisions of a custody order, including transitioning children between households. Courts are working diligently to reset cases, schedule new cases, and rule on pleadings and motions in a timely manner, despite having limited staff. Courts are only hearing family cases with genuine emergencies. An emergency is one where there is a “credible risk of imminent and substantial physical or emotional harm to a child or parent.” Because the Courts are running on limited staff, and because there will be hundreds of cases that need to be reset once the Courts reopen, parties are encouraged to seek alternative dispute resolution methods, like mediation or Parent Coordination. This will provide for a quicker resolution than the Courts are able to offer to resolve a problem. Any unreasonable action taken during the crisis (such as unreasonably denying access, unreasonably refusing to follow a custody order or unreasonably demanding access that is not in the best interest of the children) may have a negative impact on future litigation. Now is the time to exercise common sense, be flexible, and accommodating. This is difficult advice, especially in the realm of family law, but it is necessary to keep people healthy and safe. As always, consult your attorney if you have any questions specific to your case. Wasserman Family Law remains open and available to help. We can provide mediation and Parent Coordination remotely or assist in negotiating temporary child access or child support agreements for the duration of the crisis. This is a constantly evolving situation, and as we receive guidance from the State and Judiciary, we will keep our clients informed. — — — If you have questions during this unprecedented time, please email Laurie Wasserman at laurie@wassermanlawoffice.com or call our main number 410-842-1070. For the foreseeable future, we will work remotely and be available by telephone and virtually to serve our clients. We will be in touch with any clients impacted by the Court's closing as soon as we have more information. If you are a client who is having issues with custody/access during the quarantine, please do not hesitate to reach out. If you are in a domestic abuse situation and need help, please call the National Domestic Abuse Hotline at 1-800-799-7233 or text LOVEIS to 22522. Domestic abuse is a serious matter and can be heightened during times like now, where we are encouraging social distancing and quarantine. Our attorneys will continue to handle domestic violence cases throughout this time. Courts are still open to handle these important proceedings.

As of the date this is posted, all courts in Maryland are closed through April 3, 2020. Additionally, most of the family law services offered through courts, such as parenting classes, mediation, settlement conferences, are also postponed during this time. Here are some ways in which the pandemic may affect you and your family law case. If your case is pending: Judges are on staff at the courthouses, so if you have a pending motion or pleading that is ripe for ruling, the court should still be making timely rulings. Timing for filing answers and other timelines governed by the Maryland Rules are generally still applicable. E-filing via MDEC is unaffected by the court closure, however, if e-filing is not available, there is a drop-box in every court to accept paper filings. If your case was postponed: Cases scheduled between March 17, 2020 and April 3, 2020 have been automatically postponed by the court. Courts are working diligently to reset all of these cases, and courts will notify parties and their attorneys of the new dates. If one party is in breach of an agreement or order: If one party is in breach of a court order (for instance not following the custody access provision), you can still file to enforce the order. The hearing may get set out further than it normally would, but you are not precluded from filing to enforce a court order during this time. While courts are closed, there are other resources available to try to resolve a conflict, such as private mediation, or utilizing a parent coordinator. Given the recent pandemic and the increased need for “social distancing,” we are offering services remotely – via video conferencing, or conference call. Law enforcement may be able to assist in enforcing a clear provision of a custody order, but you always want to balance this option with the impact it will have on the children, especially during this time of instability. What if custody exchanges are supposed to happen at school?: Many times, custody exchanges occur at school for a variety of reasons (safety, parents not wanting to interact with each other, convenience for the child, etc.). As of the time of this writing, all schools in Maryland are closed for the next week, and there is a chance it may be longer. Police stations can serve as a place to do a custody exchange if safety is a concern. Just call your local precinct, explain the situation, and ask if they are willing to accommodate the transfer. If you feel comfortable, agree to an alternate exchange location with the other parent. If one parent drops the child off at the other parent’s house, and both parties feel safe, neither parent even needs to interact with the other, the child can just go from the car to the front door. Parties can agree to change the schedule. So long as the parties are in agreement, it may make sense to alter the schedule – for instance, if one parent needs to work from home, and the other parent needs to still go into an office. Do not let the confines of a custody order or agreement limit you from co-parenting and reaching an alternative agreement during this difficult time. Be flexible, and make sure any alteration to a custody order is agreed to by both parties, in writing. If you can’t pay your child support: First and foremost, make sure you are open and honest with the other parent and the office of child support enforcement if you are in a situation where you can’t pay your child support. If you cannot make the whole payment owed, pay whatever you can, and keep a clear record of any amount paid so there is no dispute in the future that payments were made. Arrears will continue to accrue until there is a modified Order changing the amount owed. If your income has changed dramatically since child support was calculated, you may be able to file for a modification of that amount. However, until a court orders otherwise, you are still obligated to pay the amount in the order, even if you lose your job. This is a confusing time, and many of us are being faced with circumstances we never anticipated. We are here to help, whether it is offering our services remotely, or helping navigate the legal system during this time of constant change and instability. — — — If you have questions about child custody during this unprecedented time, please email Laurie Wasserman at laurie@wassermanlawoffice.com or call our main number 410-842-1070. For the foreseeable future, we will work remotely and be available by telephone and virtually to serve our clients. We will be in touch with any clients impacted by the Court's closing as soon as we have more information. If you are a client who is having issues with custody/access during the quarantine, please do not hesitate to reach out. If you are in a domestic abuse situation and need help, please call the National Domestic Abuse Hotline at 1-800-799-7233 or text LOVEIS to 22522. Domestic abuse is a serious matter and can be heightened during times like now, where we are encouraging social distancing and quarantine. Our attorneys will continue to handle domestic violence cases throughout this time. Courts are still open to handle these important proceedings.

As much as our team does not want to feed into the anxiety surrounding COVID-19, more commonly known as coronavirus, we have been receiving a lot of questions regarding child custody at this time. We want to be a resource for those of you who are left with unanswered questions, so here are some answers to our FAQ’s: 1. What happens if my ex or I get coronavirus and we need to quarantine? The first step we recommend taking – and this goes for all these FAQ’s – is to review your existing child custody order. In your child custody order, there may be a piece that addresses what should happen if one of you is not available to take care of the children. This being said, we are in unprecedented times and we encourage you to work with your ex to make sure you are both on the same page. If communication is difficult between you and your ex, please reach out to your attorney or parent coordinator to handle the situation for you. If your child custody order does not outline what happens if one or both of you are not available to care for the children, or you are not satisfied with the terms considering this situation, please reach out to your attorney or parent coordinator as soon as possible. Ultimately, it is imperative that you and your ex have a plan for all scenarios, including if your child is to fall ill as well. Make-up visitation may need to be implemented. 2. My ex and I do not communicate well and I am worried that they are not taking this situation seriously. What can I do to make sure my children are as safe as possible from exposure? In high-conflict situations, you may want to consider hiring a parent coordinator. Parent coordinators can guide you through times like these and help both you and your ex come to decisions about necessary steps to take to avoid exposure to coronavirus and what to do if one of you falls ill. Otherwise, we recommend trying to take a factual and rational approach to the situation. Try your best to set emotions aside and discuss what steps you both should be taking to keep your children and each other healthy during this time. We also encourage you to teach your children about proper hygiene, so they are empowered to take steps towards limiting exposure if they are going between households. Please visit the CDC’s webpage, “Get Your Home Ready”, for more information on this topic. 3. Our children are home from school for the next two weeks, possibly more. How should my ex and I handle childcare during this time? Your child custody order should have a piece that outlines what to do in the event of school closures. However, you may want to communicate with your ex about how to handle specific situations as they arise. For example, if your ex lives in an area with a high number of coronavirus cases, you may agree to suspend visits and make them up later. In another case, one parent may not be able to handle childcare while simultaneously still going into work. Every situation is different and if you are looking for guidance, we encourage you to reach out to your attorney or parent coordinator. — — — If you have questions about child custody during this unprecedented time, please email Laurie Wasserman at laurie@wassermanlawoffice.com or call our main number 410-842-1070. For the foreseeable future, we will work remotely and be available by telephone and virtually to serve our clients. We will be in touch with any clients impacted by the Court's closing as soon as we have more information. If you are a client who is having issues with custody/access during the quarantine, please do not hesitate to reach out. If you are in a domestic abuse situation and need help, please call the National Domestic Abuse Hotline at 1-800-799-7233 or text LOVEIS to 22522. Domestic abuse is a serious matter and can be heightened during times like now, where we are encouraging social distancing and quarantine. Our attorneys will continue to handle domestic violence cases throughout this time. Courts are still open to handle these important proceedings.

In general, your spouse does not have rights to a part of your inheritance in a divorce. The court typically treats direct gifts, like an inherited property or assets, as separate or “non-marital” property from your spouse. However, the law is always a little more complicated than this! When is my inheritance at risk during my divorce? Your inheritance will be at risk if the court considers it marital property. The most common reason for this would be if you commingle your inherited assets with your spouse’s. Commingling can look like: Your grandma left you her home after she passed. You decided to sell the property and used the proceeds to purchase a new home with your spouse. Both spouses are on the title to the house and you both contribute towards the mortgage payments. You did not sign an agreement to keep the house as your separate property. Your uncle gifted you $10,000 and you deposited those funds into a joint account with your spouse. You spend that money on things for the family. Your mother left you her expensive jewelry. You sell the jewelry and use the proceeds to buy a new car with your spouse on the title. In contrast, here are some situations where your inherited assets can be safe from the divorce process: Your grandma left you her home and you did not include your spouse on the deed. You rent the home and deposit the proceeds into a separate account that you own. You do not pay for anything relating to the house from the money you earn from your paycheck or joint accounts with your spouse. Your uncle gifted you $10,000 and you deposited the funds into an account of which you are the sole owner. You do not use that money to buy things for the family. Your mother left you her expensive jewelry. You hold onto the jewelry, continuing to wear it to this day. How do I protect my inheritance from divorce? To put things simply, if you keep your inheritance separate from your spouse and your marriage, it will be considered your non-marital property in a divorce. Otherwise, you can work with your divorce attorney to try and prove the inheritance was gifted directly to you and can trace the assets back in time. Tracing assets can be extremely difficult, but it is possible in some cases and can protect your inheritance from your divorce. Another way to protect inheritance is by you and your spouse signing an agreement that any funds from the inheritance will remain your non-marital property. If you have any questions about inheritance and divorce, 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 considering filing for divorce, you will need to understand the different “grounds” for divorce. Grounds are your reason(s) for filing for a divorce and each has varying requirements under the law. In the state of Maryland, there are two types of grounds for divorce: “no-fault” and “fault” grounds. To put things simply, a no-fault divorce means that spouses want to divorce without accusing the other of acting in a manner that led to the demise of the marriage. In a fault-based divorce, one spouse has taken action(s) that made the other spouse want to file for divorce and they will need to prove that spouse’s actions. Let us take a closer look at the different grounds for divorce in the state of Maryland: No Faults Grounds Divorce For a divorce with no fault grounds, the spouses must either be separated for a year or apply for a mutual consent divorce, as discussed in a prior blog post here. Here are the two reasons to file for a no-fault divorce in the state of Maryland: 1. You and your spouse voluntarily separated. If you and your spouse have lived apart and have not had sexual relations for at least a year, this is considered a “No Fault Grounds 12 Month Separation”. 2. You and your spouse both want to divorce. A recent Maryland law now allows “Mutual Consent” divorce, when both spouses agree there are “No Fault Grounds” and they both want to divorce without a waiting period. To learn more about filing for a mutual consent divorce, please read our recent blog post here. Fault Grounds Divorce In a fault-based divorce, there must be evidence to prove to the Court that your spouse acted in a certain way, which we explain further below. The reasons for a fault-based divorce can become factors in determining alimony and sometimes child custody, if the actions or environment are deemed harmful to your children. These are the possible grounds for a fault-based divorce in the state of Maryland: 1. Your spouse cheated on you. If your spouse committed “Adultery” and had a voluntary sexual relationship with another person, you must prove their misconduct in Court. If you do not have concrete evidence, you must at least prove to the Court both “disposition” and “opportunity”, that your spouse has a romantic relationship with someone else and that they were able to be alone together. 2. Your spouse left your family. In this case, the grounds are known as “Desertion”. To prove desertion in Court, you will need evidence that your spouse willingly left your family and has been away from your family for at least a year. 3. You left your spouse. Similar to Desertion, this is known as grounds for “Constructive Desertion”. In this case, you must have good reason to have abandoned the marriage, such as your spouse abusing you (and you need to protect your health, safety or well-being by leaving), and you must be away from your spouse for at least a year. 4. Your spouse is abusing you. If your spouse is mentally or physically abusive to you or your children, this is grounds for “Cruelty of Treatment and Excessively Vicious Conduct”. 5. Your spouse is in prison. If your spouse is sentenced to three years or more in prison, the Court will allow you to file for divorce under the grounds of “Conviction of a Crime”. You must wait until the first year has passed before filing for divorce. 6. Your spouse is clinically insane. If your grounds for divorce are that your spouse is insane, you must prove that his or her insanity is both permanent and incurable, otherwise known by the Court as “Permanent and Incurable Insanity”. Often, the Court will require a doctor’s testimony as evidence and that your spouse is admitted to a mental institution for at least three years. The important thing to note about all of these grounds for divorce is that your family law attorney will guide you through the appropriate process. Your attorney will know what to do with your individual case and its specific needs. No divorce is alike and each will take a different path, which is why it is imperative that you have a family law attorney to find the best solutions for you. At Wasserman Family Law, we work with our clients to ensure they are supported every step of the way and they are prepared for the next chapter of their life. If you have any questions about divorce, please contact Wasserman Family Law at 410-842-1070 or laurie@wassermanlawoffice.com. We practice in jurisdictions throughout the state of Maryland.