#FamilyFriday – Filing Exceptions

What happens if you disagree with the Court’s order for Pendente Lite relief?  What if the Court denies any Pendente Lite relief?

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As previously discussed in an earlier #FamilyFriday article, the Court, upon request, will schedule a Pendente Lite (PL) hearing while the parties wait for their final hearing.  What happens if you disagree with the Court’s order for Pendente Lite relief?  What if the Court denies any Pendente Lite relief?  On this week’s #FamilyFriday article, the attorneys of ERA Law Group, LLC discuss the process for filing Exceptions.

As a reminder, Pendente Lite is a Latin term that translates to “awaiting/pending the litigation.”  Maryland Courts use a Pendente Lite hearing as an opportunity to create a temporary order related to child support, custody, visitation, spousal support, and/or use and possession of the marital home while the parties await the final hearing on the merits.  If you don’t have an arrangement, aren’t seeing your child, aren’t receiving child support, etc., you will want to be sure a Pendente Lite hearing is scheduled as soon as possible.

In most counties this hearing takes place before a Magistrate.  A Magistrate takes the place of a Judge but don’t issue Orders.  They issue Proposed Orders.  At the PL hearing, the Magistrate will hear the case presented by both parties as to why there should or should not be temporary relief and, if so, how much is fair and reasonable.  The Magistrate then states their finding and submits a Proposed Order.  After 10 days, the Proposed Order is sent to a Circuit Court Judge for a signature effectively making the Proposed Order an Order.

Why the 10 days?  At the conclusion of the PL hearing, both parties have 10 days to file “Exceptions.”  Exceptions are written reason(s) why the Magistrate’s Proposed Order should not be signed by the Judge.  For example, perhaps the Magistrate decided to award more child support than the paying party believes is fair.  The paying party would have 10 days to file Exceptions detailing why the Magistrate’s ruling should not be adopted by the Judge.

The Exceptions process is very similar to an appeal and should not be taken lightly.  There are many requirements involving the timing of the filing, the contents of the Exceptions, the timing for requesting a Transcript, the hearing, etc.  By failing to file timely exceptions or abiding by the statute, you could lose your ability to challenge the Proposed Order.

If you disagree with the Proposed Order for Temporary Relief, call ERA Law Group, LLC ASAP at (410) 919-1790 and ask how we can help you get the relief you need!

#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!

#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!