#FamilyFriday – Fast Track to Divorce

Many people get married and mutually agree that a divorce is what’s right for them.  A divorce by mutual consent allows parties to file for divorce so long as there are no minor children and there is an agreement as to all property issues.

On this week’s #FamilyFriday article, the attorneys at ERA Law Group, LLC want to help you get divorced and quick.  Many people get married and mutually agree that a divorce is what’s right for them.  Prior to 2015, if you wanted a divorce you had to wait at least one year.  The theory behind the wait period was to encourage partners to reconcile and hopefully avoid divorce.  Fortunately the law has caught up with reality and in many cases, when you know you know.

A divorce by mutual consent allows parties to file for divorce so long as there are no minor children and there is an agreement as to all property issues.  Determining whether you have minor children is easy but settling property can sometimes be difficult depending on the duration of the marriage and the property accrued.  You and your spouse want to discuss and settle issues related to any joint bank accounts, cars, real property, debt, retirement, and alimony before filing for divorce.  Hiring an attorney to draft the settlement agreement to ensure it contains all necessary contract language and covers all potential property disputes is important to make sure you truly have settled all property issues.  Additionally, sometimes parties think they’re on the same page only to learn that they’re not.  Discussing these issues initially allows for a smooth settlement and a true divorce by mutual consent.

Once you have your agreement signed you can then file for the divorce.  Your spouse can come with you and immediately file their answer which avoids waiting for the summons and having to formally serve the Defendant.  When filing for the divorce you must include a copy of your agreement so the Court is satisfied that there are no unresolved property issues.  After you’ve filed, the Court will set an uncontested hearing for about ten (10) minutes.  Some counties take longer than others but a good estimation of the time it would take to get divorced is three (3) months.

The attorneys at ERA Law Group, LLC offer fixed fee services to draft and finalize your  agreement and handle your uncontested divorces.  Call us today!

#FamilyFriday – Prenuptial Agreements: Why You Should Get One!

There are two ways to dissolve a marriage: divorce and death. Prenuptial agreements help in making the dissolution as easy as possible.

There is a misconceived notion that asking for a prenuptial agreement or discussing it in some way implies distrust or concern over your relationship.  This isn’t true!  There are a significant number of benefits to obtaining a prenuptial agreement that the attorneys at ERA Law Group, LLC want to bring to your attention for this week’s #FamilyFriday article!

Marriage is both a romantic and business relationship.  With very few exceptions nearly everything is or becomes marital.  As such, nearly everything can become subject of costly litigation in the event of divorce or death.  A well drafted and all-inclusive premarital agreement will limit many of these issues.  For example, the agreement will identify what is and is not marital property, each parties’ rights in the event of death or divorce, predetermine rights and obligations for spousal support, inheritance, and more.  In addition, the agreement will have a complete financial disclosure including each spouses’ assets, liabilities, and income.

There are two ways to dissolve a marriage: divorce and death.  Prenuptial agreements help in making the dissolution as easy as possible.  Prospective spouses should consider whether they want to be on the hook for their partner’s debt in the event of divorce or marriage?  Whether they want their spouse from a second marriage to inherit more than their children from their first marriage?  Whether they want their private business to be impacted in the event of divorce or death?

Why wait?  Protect you, your spouse, and your family no matter what life throws at you.  Call ERA Law Group, LLC today at (443) 906-3566!

Getting divorced?

If it’s time for you to begin the divorce process and end this chapter of your life, get organized and be prepared.

No one enters a marriage thinking or wishing for it to end.  But, it happens.  If you find this is happening to you and your marriage, know that you are not alone.  Marriages end, homes are split, and the once unified family is now divided.  Whether you’re the person seeking the divorce, the couple who mutually agree to divorce, or the person who has just been shockingly served, here’s what you need to know in Maryland.
Each family situation is different.  There tends to be two roads to divorce: by agreement between the parties or by a Judge.   If you have agreed how to handle any joint property and you don’t have minor children, you can get a divorce in Maryland without having to wait for any specific time period.  This type of divorce is by Mutual Consent.  If you do have minor children and/or maybe you haven’t settled all your property issues, you still don’t have to engage in war.  Maryland provides a voluntary divorce option for couples to divorce after a 12-month separation.
Unfortunately, divorce does tend to bring out the worst in couples.  In a situation where there has been a loss of trust, loss of a partnership, and, critically, a loss of communication, you need to be prepared to take action.  First, know what assets exist and the approximate value.  This may include property, retirement, personal property, vehicles, etc.  Second, know what type of debt exists and how much.   This can be in the form of a mortgage, outstanding credit card, a car loan, etc.  Be aware that, for purposes of the divorce in nearly all circumstances, any asset or debt is joint – regardless of how either is titled – if it was accrued during your marriage.  Lastly, and most importantly, prepare.  Prepare for your monthly expenses, prepare for your children, prepare for you.  Create a budget and adjust accordingly.  You cannot be certain how the Court is going to rule regarding alimony or a monetary award.  You may be confident that you will be able to remain in your home but what if that’s not the case?  Your spouse may have once promised to financially support you but now things have changed.
You may require the assistance of an experienced family law attorney and this preparation will only make for a more successful case.  Just remember, this too shall pass and you are not alone.  Call me today at (443) 906-3566!