ERA Law Group

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Divorce

Apr 16

Is Maryland a Community Property State?

By: Valerie E. Anias.

No.  Maryland is not a Community Property state.  This is a question I am often asked by new clients.  If client’s don’t ask, they often assume that Maryland is a Community Property state and are disappointed when they learn that’s not the case.  Community Property means that any property that is owned by spouses is marital property.  For divorcing couples in Community Property states, any property that either spouse owned prior to their marriage or property acquired after the separation would not be considered marital.  Additionally, all Community Property is split evenly, 50/50, between the spouses.  In Maryland, this is not true. 

Maryland is an Equitable Distribution state.  In an Equitable Distribution state, all property (with very few and narrow exceptions) acquired during the marriage is marital property, regardless of who paid for it.  Additionally, property that is non-marital can easily become marital depending on how it is treated.  In other words, any property may be considered marital property.  Yes, that includes the house you purchased 5 years before you got married.  Yes, that includes an inheritance you received during the marriage and put into your joint account.  Yes, that includes the new car you bought after you separated.  Yes, yes, yes.  Finally, in an Equitable Distribution state, property needs to be divided fairly and fairly does not mean equally.   

For example, Jamie and Taylor Smith bought a home after they were married and upon their divorce it has approximately $100,000.00 in equity.  In addition, Jamie bought a new car after separating from Taylor.  In a Community Property state, each party would receive $50,000.00 of the home but Jamie’s car would not be marital because it was purchased after their separation and therefore, Jamie would keep the car.  In Maryland, both the house and the car would be marital because it was acquired during the marriage.  How that property is divided would be dependent upon the circumstances.  Perhaps Taylor earns $30,000.00 per year and Jamie earns $250,000.00 per year.  The Court may be inclined to give Taylor $75,000.00 of the equity in the home and the car and leave Jamie with $25,000.00 of the equity of the property.  Whatever the division, the Court is only concerned with having an equitable, or fair, division not an equal division.

Understanding what is and is not marital property is important.  It is even more important to understand how to keep non-marital property from becoming marital property.  One easy way to do this is to enter into a Prenuptial or Postnuptial Agreement. Any agreement should be drafted by a qualified attorney to ensure you are receiving the protections necessary to effectuate your goals.

Feb 19

Parenting Plans & Separation Agreements


By: Valerie E. Anias, Esq.

On October 1, 2018, Maryland Law expanded divorce by Mutual Consent to permit couples with minor children to divorce without waiting the formerly required one-year so long as they settled all marital issues and issues concerning the children including child support, physical custody and legal custody. 

Now, more than ever, Courts are going to want to see detailed and thorough separation agreements which completely capture the settlement arrangement between parties related to the details of their marriage and children.  Parties can create an all encompassing Voluntary Property Settlement and Separation Agreement as well as a Parenting Plan in order to ensure the entirety of their agreement is completely captured.

A Separation Agreement resolves all marital issues.  You and your spouse will want ot discuss and settle various issues concerning marital property, child custody, child access schedule, and child support.  Examples of marital property are joint bank accounts, cars, real property, debt, retirement, and alimony.  

When determining custody and access, Parenting Plans encourage parents to focus on the needs of their children, how best to co-parent, and how to anticipate and/or address the various changes in their lives at the time of its creation and in the future.

            Frequently parties obtain their divorce, receive their Judgment of Absolute Divorce, and some form of an access schedule, holiday schedule, and child support.  What happens when this changes?  What about claiming the children on your taxes?  What about switching schools?  Sports?  Doctors?  The Judgment of Absolute Divorce is frequently silent on many of these issues which results in continuous litigation.  A well-drafted Parenting Plan can resolve many, if not all, of these issues.  More importantly, it allows parents to come together as parents – not as spouses.  They may no longer be spouses but they will always be parents.

            Attorneys and mediators can help you and your family create a Separation Agreement and/or Parenting Plan that best suits your family dynamic and situation.  Additionally, attorneys and mediators often know what questions to ask, problems to prepare for, things to consider that many parents in the moment don’t think about.  Most importantly, settling the disputes between the spouses when it comes to them as parents also make the divorce process less painful for children.  Their parents may not be married but their family will have consistency and a plan in place.

            Call the attorneys at ERA Law Group, LLC today at (410) 919-1790 and ask how we can help you plan for your family.

Jan 22

How to Make Co-Parenting Successful

By: Valerie E. Anias

Figuring out how to co-parent after a break up, separation, or divorce is difficult.  We especially see breakdowns in communication during the holidays.  Now that the holidays are behind us, ERA Law Group, LLC want to help parents by identifying various resources available to help them Co-Parent.

Some parents find difficulty in communicating with one another.  At times the communication is simple and other times, it is rather difficult.  Nonetheless, both must parent their children.  Removing face-to-face conversation is sometimes the best place to start when trying to co-parent effectively.  The below programs and apps provide various resources for the separated and divorced parents.

  1. Our Family Wizard

Our Family Wizard is an online program which provides a platform for communication.  The parents can “email” back and forth, add items to a joint calendar, and, most importantly, if their dispute needs to be taken to Court, the correspondence can be tracked by the Court.  This also serves as a means to encourage parents to speak with each other in a respectful manner and keep it about the children.  There is an annual cost of approximately $100.00 per parent.  This is a web-based program though there is an app for iOS and Android.

  • 2Houses

Similar to Our Family Wizard, this program offers a mutual calendar, financial tab, and photo album tab.  It does not allow for direct communication but there is a journal function which allows parents to make notes.  The financial tab is particularly helpful as it outlines each parents expenses and each parent can upload what expenses they have paid on behalf of the child.  There is no cost to this program.  This is a web-based program though there is an app for iOS.

  • Kidganizer

Like the former two programs, this is also a means for both parents to keep information related to their children in one central location.  It does not permit the parents a platform for direct communication such as Our Family Wizard, but there is an alert system to alert each parent regarding important events like doctor appointments or parent-teacher conferences.  This is an iOS only app program and costs $1.99.

  • Custody Junction

Custody Junction provides a Scheduling Center which allows parents to schedule their visitation/events/vacations, etc. up to 2 years in advance.  It also has a Tracking Center which allows parents to track when events were created, edited, amended, what the expenses were, who was present at each event, etc.  It gets rid of the “he said, she said” regarding who, what, where, and when.  Similar to 2Houses, it also has a Reporting Center which provides for accumulated expenses as well as reporting about child support payments, denied or forfeited parenting time, etc.  This program is only web-based and costs $47.00 per parent for a 1 year subscription.

  • Appclose

AppClose is a combination of the above 4 programs.  It has a joint calendar, a messenger option like texting, an expense forum that acts like Venmo by requesting reimbursement from the other parent as well as the ability to track expenses, the ability to create a parenting schedule, set important reminders, and keep track of family information such as immunizations, date of births, etc.  Much like Facebook, it also has a NewsFeed function which displays all communications, events, etc. at a glance.   This is a free app only program available for iOS and Android.

  • SKEDi

This program is a family calendar of sorts.  It syncs your calendars so that each parent and/or child knows everyone’s schedule.  It also has the capability of being shared with caregivers and babysitters if necessary.  This is an iOS only app program and costs $9.99.

Co-parenting is key.  The victim in parental miscommunication is the child.  If you and your co-parent are suffering from severe communication breakdowns, contact our office at (410) 919-1790 and schedule your free 30-minute consultation.

Sep 28

Family Law: New Laws

Attorney,Annapolis,MD,Family Law

On this week’s #FamilyFriday article, ERA Law Group, LLC wants to discuss some recent changes in Maryland Law that will become effective October 1, 2018 including getting a quick divorce with minor children and what happens when you owe child support!

1. Divorce by Mutual Consent expanded!

As some may know, effective October 1, 2016, Maryland Law permitted couples to divorce without waiting the formerly required one-year if they settled all marital issues and did not have any minor children. Now, Maryland has permitted this type of divorce – by Mutual Consent – to occur for couples with minor children. The couple still must resolve all marital issues such as alimony, marital property, debt, etc. and also must resolve all issues concerning the children including child support, physical custody and legal custody.

Additionally, mutual consent no longer requires both parties to be present for the divorce hearing. Only 1 party needs to be present.
Now, more than ever, Courts are going to want to see detailed and thorough separation agreements which completely capture the settlement arrangement between parties. Additionally, parenting plans – plans that focus on the upbringing of children in a divided household – will be a useful tool in ensuring that the matters concerning the minor children truly are and remain settled.

2. Failure to Pay Child Support!

When an individual fails to pay child support one of the immediate consequences is the revocation of their license. While this is a significant consequence, it often creates more harm than good. Without a license, the obligated person can’t get to work. If that person can’t get to work, they can’t pay child support. If they can’t pay child support, they become further in arrears. The cycle continues.

Effective October 1, 2018, a person who has suffered the above consequence and has successfully enrolled in an employment program with the Child Support Administration can have their license reinstated and can, upon referral from CSA, have their driving record expunged of the suspension. This new law encourages those parents who are in arrears to enroll in programs which will assist in the improvement of their employment and thus, pay their child support.

3. You can orally modify your grounds for divorce!

In most contested divorce cases, couples have various reasons they are seeking a divorce. That could mean adultery, cruelty of treatment, desertion, etc. When filing for divorce the filing party must select the grounds for their impending divorce. If, after a period of months and negotiation, they later decide to settle their issues and wish to proceed on an uncontested ground such as a 12-month separation, they would need to formally file an amended complaint. Unless represented by an experienced attorney who catches the need to file an amended complaint, this often creates unnecessary delay.

Effective October 1, 2018, parties do not need to file the amended complaint and can orally modify their complaint in open court at their final hearing and state that they wish to proceed on a 12-month separation. This is especially useful for couples who may not settle until just days or hours before the final hearing and/or couples not represented by an attorney. It allows couples to proceed with their divorce without having to prove the original grounds in which they filed.

Jun 22

#FamilyFriday: Family Support Services

By: Valerie E. Anias, Esq.

Families often wonder what resources are out there to help them in the midst of a family related litigation case.  There are numerous services available that can be requested by either party involved in the litigation and ordered by the Court.  On this week’s #FamilyFriday article, ERA Law Group, LLC discusses some of those services.Read More

Jun 15

#FamilyFriday: ERA’s Fixed Fee Family Services

By: Valerie E. Anias, Esq.

Potential clients are often concerned with the expense associated with resolving their family disputes.  It’s understandable as these matters can accrue substantial legal fees.  In this week’s #FamilyFriday article, ERA Law Group, LLC discusses ways you can mitigate your expenses and how we can help!Read More