#FamilyFriday: Nesting Agreements

It is difficult to imagine your children living somewhere other than their home.  There is an alternative!

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Children and finances are two driving factors in a divorce.  How will your children handle the idea of their parents separating and how will your bank accounts suffer?  Finding a separate living space, especially one that can accommodate your children, during your divorce is difficult.  It is difficult to imagine your children living somewhere other than their home.  There is an alternative!  In this week’s #FamilyFriday article, ERA Law Group, LLC discusses an alternative approach called Nesting Agreements.

While parents are divorcing and sorting their finances, one alternative approach is to develop a nesting agreement.  Nesting agreements allow the children to always remain in their home while the parents take turns residing there.  For example, perhaps parent 1 resides in the home Monday from school pick up through Thursday school drop off and parent 2 resides in the home from Thursday school pick up through Monday school drop off.

During this nesting time, the parties can agree to maintain a joint account that each contribute to for paying household bills.  Perhaps the parents can stay at a family member’s home during the time they are not with the children or get a small 1-bedroom apartment in the interim.  It allows couples to work through the nitty gritty of their divorce while keeping stability for their children.

An important consideration is how well you and the other parent can communicate and co-parent.  At times, the feelings or circumstances involving the divorce don’t allow for that to happen effectively.  In those situations, a nesting agreement would not be beneficial.

If you’d like to consider a nesting agreement or some other alternative approach to separation and sharing custody, contact ERA Law Group, LLC today at (410) 919-1790 to learn more!

#FamilyFriday: Co-Parenting Resources

Figuring out how to co-parent after a breakup, separation, or divorce is difficult.  When parents don’t communicate well, that makes it even harder. 

Figuring out how to co-parent after a breakup, separation, or divorce is difficult.  When parents don’t communicate well, that makes it even harder.  On this week’s #FamilyFriday article, 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

If you are in need of co-parenting assistance, call ERA Law Group, LLC today at (410) 919-1790 for your free 30-minute consultation!

#FamilyFriday – What Changes in Maryland Family Law Can We Expect to See in 2018?

The 2018 Legislative Session began on January 10, 2018 and brings with it some possible changes to Maryland Family Law.

On this week’s #FamilyFriday article, the attorneys of ERA Law Group, LLC want to bring to your attention some possible changes in Maryland Family Law!  The 2018 Legislative Session began on January 10, 2018 and brings with it some possible changes to Maryland Family Law.

Divorce – Mutual Consent

As we’ve discussed in previous blogs, divorce by mutual consent allows spouses to divorce within one (1) year of their separation and is available only to those married couples that have settled all marital issues and do not have any children in common.  Now, for the third time, there is an attempt to allow spouses with minor children in common to obtain a divorce by mutual consent.

Child Support – Driver’s License Suspension

Parents who fail to pay child support could potentially suffer serious consequences such as having their license suspended.  In this session there is an attempt to exempt individuals from having their license suspended if their income is at or below 200% of the federal poverty level.

Child Support – Income

When determining child support, it is only the actual gross income of the parents that are considered.  Even if one of the parent’s is re-married their spouse’s income is not factored into the child support equation.  In this session there is an attempt to allow a Court to consider a parent’s spouse’s income when determining that parent’s child support obligation.  Additionally, under the same considerations, the Court may order payment of attorney fees in proportion of each parties’ adjusted actual incomes.

Visitation and Child Custody – Terms

Currently the term used for describing the time awarded to the non-custodial parent is “visitation.”  Additionally, the term used to describe decision making authority is “child custody.”  In this session there is an attempt to replace the word “visitation” with “parenting time” and the term “child custody” with “legal decision making.”

If you have a family law related issue or question, call the attorneys of ERA Law Group, LLC today at (410) 919-1790!

#FamilyFriday – Split Households & the Holiday Season

It’s difficult for families to decide how to split holidays when they separate.  Neither parent or family want to experience their holidays without their children.  So, what do you do? 

It’s difficult for families to decide how to split holidays when they separate.  Neither parent or family want to experience their holidays without their children.  So, what do you do?  What are your options?  On this week’s #FamilyFriday article, the attorneys of ERA Law Group, LLC discuss various options for developing a fair and reasonable access schedule.

First, as previously discussed in a #FamilyFriday article, Parenting Plans are a great tool to discuss and resolve these issues before the stress and onset of the holiday season.  As a reminder, 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.  Attorneys and mediators can help you create a Parenting Plan that best suits your family dynamic and situation.  For example, perhaps both parents are adamant about wanting to spend Christmas with their children.  The fact of the matter is that the children can only wake up once on Christmas morning and how to decide who will experience that can raise a lot of emotion.  One way to resolve this is to alternate years so that one parent has the full Christmas holiday on even years and the other during odd years.  Another way to resolve this is one parent has the children Christmas Eve through Christmas morning and the other has the children from mid-Christmas morning for the remainder of the day.  These types of arrangements are best to be discussed outside of the courtroom as they can involve a lot of detail and negotiating.

Second, talk with the other parent and see if maybe certain holidays are more important to them than they are you.  Creating a schedule or agreement that allows for each parent to have or enjoy the days that are important to them in exchange for those that are important to you can settle future disputes.  For example, perhaps it’s your family tradition to go “big” for Thanksgiving but less so for Christmas.  Maybe you can agree that you’ll have the children for Thanksgiving and the other parent on Christmas.

Third, though uncommon, if you and the other parent are able to co-parent and share some or all holidays that could resolve any disagreement about who should have the children and when.  This can be difficult depending on the relationship between you and the other parent.

Fourth, alternating holidays so that, for example, the parent who does not have the children on Thanksgiving will have them for Christmas or the parent who does not have the children Memorial Day Weekend will have them Labor Day Weekend.

Regardless of the arrangement, always place agreements in writing.  This allows both parents to be held accountable for upholding the arrangement and preventing an issue in the future.  Try and deal with these potential and likely issues before they become bigger issues.

If you need assistance or would like to explore Mediation or Parenting Plans, contact ERA Law Group, LLC attorney Valerie E. Anias, Esq. at (410) 919-1790 and ask about the FREE 30 MINUTE CONSULTATION.

#FamilyFriday: Help, I’ve Been Served!

Most people are not surprised when they are served with divorce papers.  But what do you do when you are served?

By: Valerie E. Anias, Esq.

Most people are not surprised when they are served with divorce papers.  But what do you do when you are served?  What if your spouse has an attorney and you don’t?  What if you don’t want the divorce?  What if you don’t agree with the reasons your spouse has listed for the divorce?  On this week’s #FamilyFriday article, the attorneys of ERA Law Group, LLC want to help you know what to do next!

Many people feel that being the Plaintiff or Defendant matters.  Truth is, it doesn’t.  There are benefits to both.  Just because your spouse served you with divorce papers does not mean that they may not be at fault for the divorce or that they’re automatically in a superior position.  All this means is that they will be presenting their case first.  And, don’t worry.  You’ll present your case next!

What have you been served with?  You will have a summons.  That is the paper that orders the Plaintiff to serve you.  You will also have a copy of the pleading filed.  That is the Complaint for divorce and their request for relief.  This may include child support, custody, alimony, division of marital property, etc.  You will also receive a copy of their Domestic Case Information Report which is simply a cover letter identifying the parties and type of action.

Now what?  After you have been served you will have 30 days (or 60 days if you’re out of state) to file an answer.  This is important because if you fail to file an answer the Plaintiff can file a Motion for Default.  If the Motion is granted and you are found in Default, the Court may award all of the relief directly to the Plaintiff without giving you an opportunity to present your case.  Don’t let this happen.  You should always respond to Court documents!

You can also file a Counter-Complaint.  Perhaps the Plaintiff’s complaint fails to state that they had been cheating on you, for example.  You may want to file a Counter-Complaint alleging adultery, for example.  A procedural benefit of filing a Counter-Complaint is that if the Plaintiff decides they no longer want to pursue the case but you still do, your Counter-Complaint will keep the case moving forward.

Once the Complaint has been served and you’ve filed your answer, the Court will schedule a hearing to get the status of the case and schedule the important dates for the rest of the case.

If you’ve been served, call ERA Law Group, LLC attorney Valerie E. Anias, Esq. at (410) 919-1790 and ask about our FREE 30 MINUTE CONSULTATION!

#FamilyFriday – I’m Getting Divorced: What Happens in Court?

A source of worry and concern for many clients involve what to expect when they go to Court for their divorce.  What will  my spouse’s attorney ask me?  What dirty laundry is going to be shared?  What will the Judge decide? 

A source of worry and concern for many clients involve what to expect when they go to Court for their divorce.  What will  my spouse’s attorney ask me?  What dirty laundry is going to be shared?  What will the Judge decide?  On this week’s #FamilyFriday article, the attorneys of ERA Law Group, LLC want to give an overview of what it will actually look like in a courtroom the day of your hearing.

First, it’s important to point out that no matter what sort of courtroom you’re in, some things don’t change and all parties should remember.  For example, make sure to look presentable and put together.  Remember that the Judge can see everything and will notice if you’re laughing, rolling your eyes, or make any other facial or physical gesture.  And, most importantly, be honest.

Second, getting divorced is emotional.  It often involves children, hurt feelings, betrayal, loss of love, etc.  Stay calm and be prepared to be emotionally challenged.  This is part of the process and it is to be expected.  Your attorney will be there to help protect you and make your voice heard.

Third, many times last minute settlement discussions occur.  Often this happens just minutes before your hearing.  Don’t feel pressured to take a settlement.  Listen to what is being offered, considered what you want and how far off the offer is from your wants, and speak/listen to your attorney.  If you are the one suggesting a settlement, the same considerations apply.  Make sure you can separate your feelings and emotions from the case in a way that lets you see the potential settlement in the most rational and logical situation.  If you do not want to settle, say so.  Make your attorney aware so that s/he knows to deny any potential offering and move straight to trial.

The process is the same regardless of the county, Judge, or attorney.  If you are the Plaintiff – that is the person who filed the case – you will present your case first.  This will begin with an opening statement, calling witnesses, calling you, and presenting evidence.  Your testimony is arguably the most important piece of your case.  It is your voice, your basis for filing, your argument, and proving why what you want should be granted.  To do so, your attorney will call witnesses and present evidence to further support your testimony.  Presumably these witnesses are people who will show you as a great parent, good spouse, kind person etc.  Some witnesses may also be daycare providers, employers, etc.  Other times, you may call a witness to prove something.  For example, you may want to subpoena your spouses’ lover to prove s/he has cheated.

Your spouse’s attorney will then have an opportunity to ask you and your witnesses questions.  This process is called Cross Examination.  Your attorney will object to some questions asked and/or evidence presented.  If you hear your attorney object, stop talking.  The Judge will need to rule on whether or not to allow you (or your witness) to answer the question.  Be calm and be honest.  You may feel pressured, put on the spot, nervous, etc. and that’s okay.  Remember you have an attorney and s/he is there to protect you.

After you’ve presented your case, the Defendant will be given an opportunity to present their case.  They will be able to and will likely do the same things you did – the Defendant will testify, his/her witnesses and present evidence.  Your attorney will then have an opportunity to Cross Examine the Defendant and his/her witnesses.

When the Defendant concludes their case, both attorneys will have an opportunity to present closing arguments.  These arguments are spoken to the Judge and tend to recap what happened at trial, highlight important testimony or pieces of evidence in support of their case, and ask the Judge to do grant their client’s wishes.

Once the Judge has heard both sides and collected the evidence that has been presented, s/he will likely go back into their chambers to review and make a decision.  If the case is long, has many documents, many witnesses, etc. the Judge may state that they will make their decision in writing and dismiss the parties to wait on receiving that decision.  If the Judge does make the decision that day, s/he will return to the courtroom and state their decision for both parties to hear.

For questions and to talk about your case, call the attorneys at ERA Law Group, LLC today at (410) 919-1790 and ask to schedule your FREE 30 MINUTE CONSULTATION!

 

 

#FamilyFriday – Absolute Divorce v. Limited Divorce

Many families are confused about the difference between an absolute divorce and a limited divorce.  On this week’s #FamilyFriday article, the attorneys at ERA Law Group, LLC want to help explain the two types divorce.

Many families are confused about the difference between an absolute divorce and a limited divorce.  On this week’s #FamilyFriday article, the attorneys at ERA Law Group, LLC want to help explain the two types divorce.

An absolute divorce is absolute and terminates the marriage.  Any award made by the Court under the limited divorce may be finalized and incorporated into the Judgment of Absolute Divorce.

A limited divorce is a legal separation.  When a party files for a limited divorce it usually means one of the following: (1) the grounds for an absolute divorce have not been met, (2) there is an immediate need for financial relief, and (3) the parties cannot work amicably to settle their differences.  During the limited divorce, the parties are still married, cannot enter into sexual relations with other persons, and must live separately.  The Court may determine which party is at fault, child custody, child support, health insurance coverage, and make additional awards.

Many couples file a Complaint for Limited Divorce or, in the alternative, an Absolute Divorce for tactical reasons.  For example, perhaps your spouse refuses to discuss some or all the issues such as establishing an access schedule, paying child support, contributing to household expenses, etc.  If your spouse won’t have these conversations you may want to immediately file in order to obtain said support.  Because it may take nearly a year, or more, for the Court to schedule your final hearing, you may end up meeting the requirements for an absolute divorce.  In the off chance you don’t, filing the limited divorce may get your spouse to work amicably with you or, at the very least, adhere to an Order of the Court.

If you are separated and need assistance, call the attorneys at ERA Law Group, LLC today at (410) 919-1790!