Abney at Law, P.C.Lawyer Rockville Maryland | Abney at Law, P.C. | Montgomery County2024-03-18T10:38:10Zhttps://www.abneyatlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303189/2022/11/cropped-Abney-site-icon-32x32.pngOn Behalf of Abney at Law, P.C.https://www.abneyatlaw.com/?p=2559652024-03-18T10:38:10Z2024-03-18T10:38:10Zhas different types of alimony. Alimony pendente lite (“APL”) is alimony paid between the time you file for divorce and it is finalized.
Rehabilitative alimony lasts after your divorce is finalized but ends at a certain time. This is the most common type of alimony and it is usually paid no more than 10 years.
The third type of alimony is indefinite alimony, which has no definite time it terminates. While this might sound like exactly what you need, receiving indefinite alimony is rare.
Some factors considered for indefinite alimony
Indefinite alimony is typically only awarded when certain circumstances exist. Age, health or disability are factors considered when deciding if indefinite alimony should be awarded.
Generally, if you are over retirement age, have no prior work experience and your marriage was long-term, you have a better chance of receiving indefinite alimony.
Likewise, if you have a medical condition or disability that prevents you from ever working again, indefinite alimony could be awarded.
Even if you fall into one of these categories, there is no guarantee that you will receive indefinite alimony, especially if your spouse fights against it.
Proving your case for indefinite alimony
You will need to present evidence of your circumstances and make arguments about why you will likely never be able to earn your own income again.
Evidence such as your age and length of marriage are usually easy enough to prove but proving you can never work again because of a medical condition is often more challenging.
If there is any chance your situation might change in the future, a court is likely to be reluctant to award indefinite alimony. You should plan a way to become financially independent and take the appropriate steps to get there.
]]>On Behalf of Abney at Law, P.C.https://www.abneyatlaw.com/?p=2559642024-03-11T08:30:16Z2024-03-11T08:30:16ZWhy you should not ignore your marriage troubles
Additionally, a divorce that takes a spouse by surprise often means they are left to handle the practicalities of divorce while trying to deal with the emotions that go along with the ending of a marriage.
This could lead to making poor decisions in the divorce process, resulting in an unsatisfactory resolution to the divorce.
Alternatively, a spouse that saw signs divorce was coming could make better decisions, making it easier to become financially independent and move forward with their life post-divorce.
But how do you know if this is just a bad time in your marriage or if your spouse considers the marriage over and is planning for divorce? Here are some signs to watch for.
When simple gestures, such as saying “please” and “thank you” end, you and your spouse might be heading toward a divorce.
Respect and gratitude are major components of a marriage and it takes little effort to show them. If your spouse starts making hurtful or angry comments and stops apologizing for them or reflecting on their bad behavior, it could be because the marriage has ended in their mind.
Traditions or routines end
Most marriages have traditions or routines, such as dinner at a favorite restaurant for birthdays or summer vacations to a specific destination.
Sometimes we cannot always adhere to our routines, but if they appear to stop for no reason, it could be a bad sign.
If your schedules are especially busy one summer and you cannot fit your usual vacation in, that might not mean anything, but if your spouse simply has no interest in taking the trip, there could be something bigger going on.
These are examples of minor changes in behavior and attitudes that could signal the end of a marriage.
Major signs that a marriage is over
More obvious examples include cheating, lack of intimacy and constant fighting.
Physical abuse is an extreme example of a marriage gone wrong. If neither of you have ever been abusive before and suddenly your spouse appears to be unable to control their anger and takes it out on you, chances are the marriage is over in their mind and you should get yourself out of that situation.
Maryland law allows a spouse to eventually obtain a divorce even if the other spouse does not want it or refuses to participate in the divorce process. This is called a default divorce.
Therefore, if you want to save your marriage but your spouse does not, there is typically not anything you can do about it. It is usually never in your best interest to ignore the divorce process since you risk losing your chance of receiving your fair share of marital property.
]]>On Behalf of Abney at Law, P.C.https://www.abneyatlaw.com/?p=2559632024-03-05T20:55:35Z2024-03-04T20:52:00Zyour post-divorce life.
How social media influences post-divorce modifications
Social media platforms can serve as a double-edged sword during post-divorce modifications. Your posts may be used as evidence. Most importantly is child custody. Social media can highlight your parenting involvement, stability, and co-parenting dynamics. However, posts featuring partying, extensive travel or new relationships sans your child might raise questions about your commitment and parenting abilities. Negative comments about your ex-spouse or the court can also be detrimental.
Effects on child support
Your posts can inadvertently reveal your income, expenses and lifestyle. Contradictions between your online activities and court claims, like buying luxury items while asserting financial struggles, may jeopardize your credibility. Similarly, conflicting portrayals of your child’s needs can be questioned.
Effects on alimony
Seeking alimony modification or termination based on your ex-spouse’s circumstances may involve scrutiny of their social media presence. However, your posts, especially those depicting a new partner or a lavish lifestyle, could undermine claims of financial need. Additionally, if you allege your ex-spouse’s remarriage but share pictures with them or their new partner, it may impact your case.
Effects on property division
Attempting to modify property agreements due to fraud or concealment involves presenting evidence, which may include information from social media. However, if your posts contradict claims of unawareness or benefitting from concealed assets, your modification request could face challenges.
Protecting yourself on social media
To safeguard your post-divorce modification case, consider initiative-taking steps. First, restrict access to your social media posts by adjusting privacy settings. Limit visibility to trusted individuals and consider blocking those connected to your ex-spouse who might share information.
Next, think before you post. Carefully evaluate the relevance, necessity and truthfulness of your posts. If something could be used against you in court or is unnecessary, it is best to refrain. Deleting potentially harmful content is a wise move.
Finally, avoid online conflicts. Refrain from engaging in online conflicts, especially with your ex-spouse or anyone involved in your case. Negative, insulting or disrespectful content can be detrimental. Ignore or block provocations instead of responding.
In conclusion, exercising caution and prudence on social media is paramount during post-divorce modifications. Your online presence can significantly influence the outcome of your case, making thoughtful and strategic choices crucial in protecting your rights and interests.]]>On Behalf of Abney at Law, P.C.https://www.abneyatlaw.com/?p=2559612024-02-16T16:31:02Z2024-02-16T16:31:02ZUnderstanding parental alienation
Parental alienation takes various forms, including speaking negatively about the other parent, limiting access, making false accusations or creating loyalty conflicts. Recognizing the signs is crucial as it can lead to a child developing a strong preference, resisting contact or displaying emotional distress.
Impact on child custody
Maryland bases child custody decisions on the best interests of the child. Parental alienation is viewed as emotional abuse, which can influence custody outcomes. A parent engaging in alienation may face consequences like losing legal or physical custody, reduced visitation rights or additional financial obligations. Conversely, a victimized parent may seek relief through increased custody, protected visitation or counseling.
Dealing with parental alienation
First, document everything. Keep evidence of alienation or interference, including messages, emails and witness statements. This includes keeping a journal. Maintain a record of interactions, detailing incidents, their impact and your response.
Second, to the extent possible, keep your positive relationship. Foster a positive relationship with your child, refraining from negative comments about the other parent.
Finally, seek professional help. Seek counseling for both you and your child to address emotional consequences. And, make sure you let your attorney know too.
Conclusion
Parental alienation is a serious issue requiring prompt action. If you are experiencing these challenges in Maryland, you do not have to accept it. The courts may very well be on your side here, and they can be used to stop the abuse.]]>On Behalf of Abney at Law, P.C.https://www.abneyatlaw.com/?p=2559602024-01-29T16:24:36Z2024-02-02T16:14:10ZProtecting your interests
For some people, the property division issue in a divorce is the most important part of the entire legal process. Oftentimes, divorcing couples have more to talk about than just the family home and retirement and bank accounts. It is common for couples to need to address a wide range of assets – and possibly debts as well.
In Maryland, the concept of equitable distribution is what governs the property and debt division aspect of divorce. In essence, this concept means that assets and debts should be divided between divorcing spouses in a way that is fair – and that doesn’t always mean a straight 50/50 split. And, what seems fair to one spouse might not always seem fair to the other.
The result of the property and debt division issue in a divorce will likely have a strong impact on both your present and future. Most people spend their entire lives building assets together with their spouses. If a divorce stops that momentum, it can almost feel like starting all over again. But, with the right approach to property and debt division, you can be sure that you are protecting your interests and your future.]]>On Behalf of Abney at Law, P.C.https://www.abneyatlaw.com/?p=2559592024-01-15T16:51:31Z2024-01-19T16:49:54ZWhat are some of the signs of impending divorce?
There are no sure signs of divorce. However, if you’re experiencing any of the following in your marriage, then you might want to think hard about pursuing marriage dissolution:
Physical, emotional or financial infidelity.
Consistent irritability.
A desire to avoid going home at the end of the day.
Changed values and life goals.
Lack of physical and emotional intimacy.
You and your spouse are living like roommates.
You or your spouse are uninterested in putting forth effort to improve your relationship.
You constantly fantasize about leaving your spouse and starting a new life of your own.
There’s a lack of respect in your marriage.
You’ve been subjected to domestic violence or some other form or abuse.
Your spouse struggles with substance abuse.
Again, only you know how much you can take in your marriage. But don’t allow yourself to be trapped in a bad situation. If you think that your marriage is irreparable or that it’s simply in your best interests to bring it to an end now, then you might want to consider pursuing divorce.
Are you ready to initiate your divorce?
If so, then you’ll want to familiarize yourself with the process and what it takes to position yourself for a favorable outcome. By doing so, you might be able to get through your divorce in a way that sets you up for a successful next chapter of your life.]]>On Behalf of Abney at Law, P.C.https://www.abneyatlaw.com/?p=2559582024-01-10T19:59:01Z2024-01-10T19:59:01Zan uncontested divorce means that you and your spouse agree on all issues that must be resolved to legally end your marriage. Some of these issues include property division, alimony and child custody.
Alternatively, a contested divorce is when there is at least one issue that you do not agree on. This means you will need to go to a trial and have a judge decide the issue.
Requirements that apply to any divorce
Even if you believe you have an uncontested divorce, you must meet the standard divorce requirements to complete your divorce. These include living separate and apart for at least six months and agreeing that your marriage is over. The legal term for this is irreconcilable differences.
Most couples do not start the divorce process already agreeing on every issue. You might not even know what all the issues are when the process begins.
There are typically some disagreements at the start of a divorce, but many couples manage to work them out as the divorce process progresses. Some couples even come to an agreement on all issues on the day of trial.
An uncontested divorce might still require some outside help
Negotiating agreements is usually best done with help and guidance. You and your spouse could choose to use mediation or another form of alternative dispute resolution to help you reach an agreement.
Your agreement is memorialized in a signed, written marital settlement agreement. Before you sign the agreement and finalize your divorce, it is best to have it professionally reviewed to make sure your rights are protected.]]>On Behalf of Abney at Law, P.C.https://www.abneyatlaw.com/?p=2559572024-01-08T16:39:40Z2024-01-10T16:38:32Za divorce proceeding involves your own actions, though. As you move forward, you’ll want to avoid making key mistakes that could leave you in a bad position.
Top mistakes you’ll want to avoid in your divorce
Given the complexities involved in divorce, there are several mistakes that can be made along the way. Here are some of the most common and most serious that you’ll want to avoid:
Thinking that you’ll share marital debts equally: Like marital assets, marital debts will be divided equitably. This means that they’ll be divided fairly, which doesn’t necessarily mean that they’ll be divided evenly. Therefore, depending on the circumstances of your case, you may end up with more of the marital debt than you expected. You need to have a realistic expectation of what you’ll be stuck with, though, so that you can plan accordingly. You can also build strong arguments to try to avoid as much debt as possible by arguing issues such as your spouse’s financial stability, the length of your marriage, and the reason behind the debt.
Believing that you’ll keep your inheritance: While inheritances are typically thought of as individual property exempt from the property division process, these assets can be quickly transformed into marital assets that are divided amongst spouses. This happens when you put a spouse on the title to inherited property or when you comingle your inherited assets with your marital funds. So, be careful with how you handle your inheritance.
Thinking that giving the marital home to your spouse will free you of the mortgage: If you negotiate away the family home, then your intent is to save money on mortgage and upkeep. Yet, you could still find yourself on the hook for those expenses if you’re not careful. During settlement negotiations, you need to ensure that your spouse agrees to refinance the mortgage in their name so that you’re not responsible for an expense that you were hoping to avoid.
Believing that trading bank accounts for retirement accounts will be easy: In most divorces, retirement funds are considered more valuable since they take longer to accumulate. Therefore, it may not be as easy to trade cash for retirement funds as you think. You’ll need to come up with a strong strategy for securing the retirement assets that you want and need.
Don’t be your own worst enemy in your divorce
There are a lot of missteps that can be made during the divorce process. To avoid them, you need to anticipate them and respond accordingly. Fortunately, you don’t have to try to navigate these matters on your own, as support can be found out there to help you competently get through your divorce.]]>On Behalf of Abney at Law, P.C.https://www.abneyatlaw.com/?p=2559562024-01-03T17:13:43Z2023-12-27T17:12:44Zbrings a motion before the court requesting a specific modification. The basic rule for modifying an order for child support is that the moving party must demonstrate the occurrence of a “substantial change” in the circumstances of either party that justifies the requested modification.
Examples of substantial change in circumstances
Here are examples of substantial changes in circumstance which may justify the modification of an order for child support:
One parent loses his or her job.
One parent gets a new job with increased wages.
One spouse gets an additional job.
One spouse’s income increases or decreases.
The child’s financial needs have changed.
One parent has been incarcerated.
One parent has become disabled.
One parent has been deployed for military duty.
The important thing to keep in mind is that an order for the modification of child support can be justified by a change in either parent’s financial situation. For example, if the party paying the child support finds a better job with higher compensation, that party may be ordered to pay additional child support.
Other evidence to support a modification of child support
A court considering a motion to modify and order for child support will want evidence of current income and expenses, any retirement income, child or day care expenses, health insurance premiums, disability status, and existing child custody agreements, visitation arrangements, and parenting time.]]>On Behalf of Abney at Law, P.C.https://www.abneyatlaw.com/?p=2559552023-12-19T04:35:11Z2023-12-13T04:34:25ZReasons for relocation
In any circumstance that requires you to move, there may be an impact on the child and the existing custody agreement which is important to consider. You may need to move to pursue a new job opportunity or an educational program at a specific university, may want to move closer to family, or if you remarry or have a significant partner in your life.
In other situations, you may decide to move for economic reasons, like a lower cost of living or a less expensive home, a better school district for your child or healthcare facilities to meet your child’s needs.
Request process
It’s important to review your existing child custody agreement and notify your child’s other parent of your intent to move. You may choose to participate in mediation to discuss the terms of the relocation. A mediator, who is a neutral third party, can help you agree on a relocation plan that works for both parents.
If you can’t agree in mediation, you can file a petition for relocation with the court. The court will hold a hearing where you and your child’s other parent can present evidence and arguments.
The court will decide if the relocation is in the child’s best interest. If it is, the court will modify the child custody arrangement that both parents must comply with.
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