Annapolis Family Law Blog

Will you follow these divorce recovery tips?

As you move through the divorce process, you have so much going on that you may never take the time to realize how things are changing.

However, when your divorce is finally in the books, you soon realize that your life is not the same as it once was. This is why it's so important to have a clear recovery plan in place.

Child custody and relocation: Know your legal rights

As a custodial parent, there may come a time when you want to relocate with your child. While this sounds simple enough, you know one thing to be true: It can put a lot of stress on your child custody situation.

If you move with your child, it means that they will be forced to have a long-distance relationship with the other parent. However, there may be times when you have no choice but to make this decision, such as if you are required to move for your job.

Ask these questions when discussing a prenuptial agreement

Well before you say "I do," you may want to discuss creating a prenuptial agreement with your partner.

If both of you are on board with the idea, it's much easier to push forward and get an agreement in place.

Don’t be surprised by the divorce mediation process

Even if you and your soon-to-be ex-spouse are on bad terms, it doesn't mean you can't benefit from divorce mediation. With the right approach, you may find that this is the quickest and most efficient way to put your marriage in the past.

As you move into the divorce mediation process, it's important to be fully aware of what will and won't happen along the way. Here's a breakdown of what to expect:

  • First meeting: This is when you sit down with the other person and the mediator to discuss all the issues at hand, such as those associated with child custody, alimony and property division.
  • Follow-up meetings: During these, you work to push the process forward. Some people are able to resolve all their issues in a couple meetings, while others require much more time. The mediator is available to assist, but is not permitted to make any final decisions on behalf of either person.
  • The agreement: Once you work everything out, the mediator will draft the agreement. From there, you can review the agreement with your legal team to ensure that you fully understand all the details.

Is a short-term child support modification possible?

There may be times when you require a long-term or permanent child support modification, such as if you are facing a serious medical concern.

Conversely, there are situations in which a short-term child support modification makes more sense.

Be on the lookout for signs of hidden assets in your divorce

There is a certain degree of financial uncertainty that goes hand-in-hand with an impending divorce. Unless you have an ironclad prenuptial agreement, chances are good that the courts will have the ultimate say in who gets what.

In general, Maryland courts do their best to fairly divide both assets and debts acquired during your marriage. However, when one spouse attempts to hide assets from the courts or the other spouse, that can unfairly skew the outcome of the asset-division process.

These divorce mistakes have a way of creeping up

When you're planning for divorce or moving through the process, you may assume that you have everything in order. What you don't realize is that something bad could be creeping up on you, eventually getting in your way and making it difficult to reach the end of the road.

Here are four divorce mistakes that have a way of sneaking up on you:

  • Neglecting to understand the financial impact: There are many sides of this. For example, you need to create a property division checklist. You should also have a list of all your joint debts. Additionally, since you're losing the other person's income, you may need to adjust your personal budget accordingly.
  • Letting your emotions get the best of you: Even though you'll be emotional during this difficult time, you can't let it stand between you and a successful divorce. Keeping your emotions in check will allow you to more quickly and efficiently reach a resolution.
  • Focusing too much attention on yourself, and not enough on your kids: Yes, you need to do what's best for you, but at the same time your kids are top priority.
  • Neglecting to plan for the future: As you focus on the here and now, you may overlook the impact of divorce on your future. Things such as tax implications associated with property division should be on your radar.

Enforcement of child support: What are your options?

Even when a noncustodial parent is ordered by the court to make child support payments, it doesn't mean that he or she will actually do so. For one reason or another, there could come a point when you realize that you are not going to receive payments as required by law.

As the custodial parent, you should look into the action you can take in order to receive the money you deserve. The court can impose a variety of consequences for failure to make child support payments, such as:

  • Wage garnishment
  • Withholding federal income tax refunds
  • Seizing property
  • Suspending a business or occupational license
  • Revoking the person's driver's license
  • The denial of a passport

Top questions children ask about divorce

There are many challenges associated with the divorce process, including the conversation you'll have with your children.

It's never easy to tell a child about your divorce, as you don't know how he or she will react. Furthermore, you're sure to have several questions thrown your way, some of which can be difficult to answer.

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