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ERA Law Group

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settlement

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.

Feb 16

#FamilyFriday – My Kids Don’t Want to Follow the Visitation Schedule

The parents have filed suit, went to mediation, attended trial, or settled their issues as they relate to child custody, visitation, and support.  As a result, the parents have a visitation and holiday schedule, established modes of communication, and settled on child support.  The parents are satisfied or as best as they can be in the situation.  Anything missing?  Read More

Sep 01

#FamilyFriday – Military Retirement Pay, Disability Benefits, and Divorce.

On this week’s #FamilyFriday article, the attorney’s at ERA Law Group, LLC are discussing the recent change in how Court’s treat a service member’s waiver of retirement pay for disability benefits and the effects it may have on the former spouse.  A service member’s retirement pay is considered marital property.  Depending on the length of the marriage and the Court’s Order, a percentage of the marital portion of the retirement pay is reserved for the former spouse upon the service member’s retirement.  Read More

Jul 18

#TuesdayTips – *CRASH* Now what?

You’ve been involved in a car accident.  Best case scenario, you’re not injured.  Worst case scenario, you are.  If you or a loved one have been injured in an auto accident it is imperative that you know your rights and what steps to take to ensure maximum compensation for your injuries.  On this week’s #TuesdayTips article, the attorneys at ERA Law Group, LLC want to help those looking to recoup after suffering an injury from a car accident.Read More

Jun 28, 2017

#TuesdayTips – When to NOT Do-It-Yourself

This week’s #TuesdayTips article comes one day after a recent United States Tax Court ruling in the case of Summers v. Commissioner of Internal Revenue (Docket No. 32259-15).  Many individuals find themselves in a precarious situation when they decide to handle certain matters without an attorney.  These “cost saving measures” sometimes result in quite a heavy burden.Read More

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