May 2009 - Posts
In Divorce court, the judge must remain the neutral and impartial decision maker. The judge has the responsibility to guarantee a fair trial by applying the rules and conditions of divorce court. United States law is based on an adversarial system with a party on one side of the argument and the other party on the opposing side. Maryland courts require that people representing themselves must meet the same criteria given to attorneys.
Maryland divorce courts are bound by certain rules and expect that you follow those rules when representing yourself. It is your responsibility to prepare and handle your divorce case. Maryland divorce court judges are responsible to understand your side, but hear the other side as well.
Maryland divorce court judges do not give slack in allowing lack of information or skill on your behalf. If you decide to represent yourself, the Maryland divorce court judge expects that you know what you are trying to prove, meaning the law and type of solution. There are specific rules on preparation of Maryland divorce court papers, serving your spouse, what evidence is permissible in court as well as how and what you may appeal.
Representing yourself in court is an enormous task. Study all Maryland state laws and understand how Maryland divorce court works. It is better to be fully prepared rather than have unexpected surprises.
Maryland state law requires that the employer of the parent paying child support must withhold an amount ordered by the Maryland court. The amount withheld is forwarded to the child support recipient or to the child support agency handling your case.
The law was created to assist the individual who wishes to receive child support without legal representation or the assistance of the Child Support Enforcement Administration. The law places many responsibilities on the court usually followed through by attorneys. You can pick up sample forms at the clerk's office in every county and in Baltimore City.
If one parent leaves the state in an effort to not pay child support, and an order for child support is in place, that order can be enforced by the Uniform Interstate Family Support Act (UIFSA). If there is no order for child support, child support can be established through UIFSA. These requests for action by the UIFSA can be taken care of through the Maryland child support agency in the county where you reside.
Cohabitation is a general term for an unmarried couple living together. This could mean a temporary relationship, experimenting with living together before marriage, or possibly an alternative to marriage.
The US Census Bureau has reported a large increase in cohabitants within the last three decades. For example, there was a 72% increase of cohabitants in the last decade. The increase in unmarried couples in Maryland was nearly 47%.
Unmarried couples are protected legally and can take measures to keep their rights. There is a push in the United States to lessen the rights to unmarried couples in comparison to those who are actually married.
Your divorce mediator will guide you through divorce issues that will make it easier to communicate with your spouse, document your decisions and make it easier to make decisions in your divorce. A mediator will not make decisions for you or be a judge in your divorce. A mediator will allow you to make a decision for yourself rather than force you into one.
A divorce mediator knows the issues that need to be addressed and is a third party that will allow you to make finalized decisions on your divorce. A divorce mediator can provide information to you and suggest options you may not have thought about considering. They can give you examples of other ways people have dealt with their divorce so that you can explore your options.
A divorce mediator will provide a healthy environment that encourages quality listening and good thinking. A divorce mediator will give both spouses a chance to be heard, set boundaries and encourage respectful behavior.
If you live in Maryland or DC, a divorce mediator will draft a marital settlement agreement for you and your spouse. When this document is signed it is an enforceable contract and can be used as the basis for obtaining an uncontested divorce from the divorce court. If you do not live in Maryland or DC, your divorce mediator will draft a memorandum of understanding that can be taken to your lawyer in your state.
If you are having big disagreements in your divorce you should consider the option of a divorce mediator. It may be to both spouses benefit in divorce court.
Make a plan for yourself through every step of divorce. You will have several unexpected turns in divorce so having an idea of what you are facing and how you can handle problems that arise will make you able to see more clearly.
When you separate from your spouse you cannot just remove your spouse from the household unless your name is the only one on the property. In a divorce, when you leave the residence it may impact your chances to obtain custody. Consider all of your options when you make the decision about who leaves the household.
If at all possible in a divorce, discuss a separation with your spouse and see if you can come to an agreement on a temporary arrangement. Put it in writing if you can. In divorce court, a handwritten agreement signed by both parties is admissible and will provide extra protection for you. If your spouse does not agree on your separation terms you should consult your lawyer before you leave your home. Your lawyer can help you plan a separation that does not jeopardize your rights.
Make your plan. Be prepared.