ERA Law Group

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Divorces

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.

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 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