Changes in family dynamics can be challenging, traumatic, and emotional. Whether these changes are amicable or not, they can have profound impacts on you and your spouse’s lives, as well as the lives of children you may have. Our family law attorney Annapolis MD law firm can help you navigate this difficult time and help minimize the stress that you may be feeling.
At Jimeno & Gray, we provide trusted counsel and exceptional service that helps you regain control of your life. We understand how stressful legal matters can be, especially when it comes to the safety and well-being of your family. Our team of skilled attorneys supports you and helps you navigate the legal process with confidence.
What Constitutes Family Law
Family law encompasses all legal matters associated with family dynamics. Because this is a broad area of the law, family law lawyers in Annapolis, MD must possess extensive knowledge of the legal system in Maryland. Every stage of a couple’s relationship and their changing family structure presents a different set of considerations and nuances. To navigate these matters and all the legal requirements that come with them, an experienced lawyer is necessary to ensure a fair outcome and that all steps are taken correctly.
Divorce
Filing for divorce is a significant, and often emotional, decision. Even if the decision was mutual, the divorce process can still be overwhelming and exhausting. The timeline for divorce can range from 3-4 months to longer. The time it takes will depend largely on whether or not the divorce is contested, how long it takes to divide up assets, resolve custody issues, and more. However, it is also important to note that there may be mandatory waiting periods or separations before you may be allowed to file for your divorce, which can add time to the process overall.
During the divorce process itself, your attorney will help advise you regarding the division of your assets and debts. The court divides equitably. While many may think that means a 50/50 split of assets during divorce, that is not necessarily the case. By taking into consideration each spouse’s financial need, age, health, and length of marriage, assets will be divided up in a way that adequately meets each party’s situation. It also makes a difference what property was acquired together during the marriage, and what was acquired before marriage. There may also be other assets that are considered to be separate property.
Separation Agreements
A separation agreement may be a viable option if you and your spouse want to explore whether or not divorce may be a solution for the challenges you are facing. It also allows the opportunity for you and your spouse to reconcile if you choose to do so. Unlike divorce, which is final, the benefits of a separation are that it gives you the time you need to find a solution for your situation that works for you. This may include deciding if you want to get a divorce, or determining custody and financial matters. It can also provide a transitional period if that is what you and your spouse need.
During a legal separation, the only aspect that changes is your living situation. While you and your spouse do not live together, you still retain the legal benefits of marriage. You may also still have joined finances during this time. Maryland does not put a time limit on your separation, so you can remain separated as long as you want or need.
Child Custody
If you and your spouse have children when filing for divorce, child custody must be determined during the divorce proceedings. You will need to discuss and decide on numerous aspects of custody and parenting approaches as you create a parenting plan to be approved by the court. However, these decisions can be far from easy, or even amicable. Mediation may be helpful if there is significant conflict about custody. The more you and your spouse can agree upon while making custody decisions, the more control you will have. If an agreement cannot be reached, the courts will make a decision for you. Courts will always decide on what is in the best interest of the child during custody matters.
As you and your spouse formulate a plan outlining how you plan to care for and parent your child following the divorce, you will also have to determine the type of custody that you are seeking, which may include:
Sole physical custody: Child fully resides with one parent while the other parent shares custody to a lesser extent and has certain visitation rights.
Joint physical custody: Child resides with each parent in a custody arrangement that is more evenly split.
Sole legal custody: All major decisions are made by one parent.
Joint legal custody: All major decisions are made together by both parents.
Custody decisions may be modified in the future as needed if circumstances change. If this occurs, decisions must be made with the help of your lawyer regarding the new agreement, and the court must approve the modification.
Child Support
Decisions about child support are made right alongside the custody agreement. Both parents are required to share financial responsibility for the care and well-being of their children. The amount of child support a parent must pay is based on their incomeThe goal is to ensure that both parents are financially contributing. The type of custody arrangement that you and your spouse have agreed to will also impact how much child support is paid.
There may be times when life changes occur and affect either parent’s ability to support their child in the same manner. When this happens, changing a child support order is possible with the guidance of a lawyer. It also must be approved by the courts. In order to change child support, the parent making the request must show that there has been an income decrease or increase of 25% or more. Once this has been established, the child support order can be recalculated accordingly.
Whether you are determining child support for the first time or needing to modify an order, you can determine how your child will be financially cared for with the help of your lawyer and Maryland’s child support services.
Adoption
Choosing to adopt a child is a big step for couples, and may be entered into because the child’s biological parents are unable to care for the child, or the child is an orphan. Couples who pursue adoption in Maryland must follow specific protocols to ensure the adoption is legally binding. Prospective adoptive parents may choose to undergo a public, private, or independent adoption, and each option has its own nuances for how the process takes place.
Individuals must first file a petition for adoption with the court. It is recommended to work with a family law attorney in Annapolis, MD right from the start to ensure the paperwork is filled out correctly. They can also help navigate various situations that may arise during the adoption process. For example, if biological parents are present, they have the right to protest the adoption, as well as agree to it. Your lawyer can also help you navigate the other legal steps in the adoption process to ensure you and the child have an advocate and that the process is properly followed.
Mediation
When settling a divorce or custody arrangements, mediation can be a helpful option for avoiding litigation. It may also be required as part of the process to reach an agreement in your legal matter. This process gives you and the other party the opportunity to resolve your differences with the guidance of a trained mediator. Mediation is a voluntary process that is informal, private, and allows you to have maximum control over the outcome of your situation.
During the mediation process, you can expect the mediator to provide direction for the proceedings and will then facilitate discussion with the goal of finding a solution. Mediators may help both parties see matters from the other’s point of view, as well as bring up aspects of the matter that both parties may want to consider. In the event that an agreement is reached, the terms will be drafted in a document for each party to sign and be reviewed and filed by your attorney.
Additional Alternative Dispute Resolution for Your Family Matter
Engaging in alternative dispute resolution can help save you a significant amount of time and expense. It also allows you to retain more control over the outcome of your situation and find a solution that works for you. While mediation is one of the primary ways you can handle your family matter, there are also other ways to resolve your family matter outside of court. This may include a settlement conference where your matter is heard and decided on by a magistrate or senior judge.
Preparing for Changing Family Dynamics
When you are faced with a massive shift in your family dynamic, you are also likely facing an immense amount of change to multiple aspects of your life. Your living situation and finances are a couple of the biggest aspects that may change. Whether you are getting a divorce, settling custody, or adopting a child into your family, you must consider how you will be able to accommodate these shifts in your life.
Legal counsel can help soften the impact by recommending proactive measures that will help you prepare for what lies ahead. They can help you assess your financial situation to determine what options are available to you and what proactive measures may need to be taken to prepare for changes to your income and living situation. Protecting your financial health is one of the biggest and most beneficial steps you can take, regardless of your family law matter, as it can affect everything else.
Additionally, it is important to prepare yourself mentally and emotionally. The legal processes above can be an emotional roller coaster ride, and having a support system can go a long way in helping you get through this time. Family, friends, and your lawyer can be sources of strength and counsel. Taking time to care for yourself while navigating various legal requirements can help you persevere until you reach a resolution in your case.
Our Experienced Family Law Attorney Annapolis MD Law Firm Provides Valuable Guidance in Your Time of Need
When you hire family law attorneys, you receive valuable support and guidance that can help streamline proceedings, protect your interests, and help you secure a favorable outcome for your situation. Your lawyer will take the time to listen and learn about your situation so they can provide effective solutions for what you and your family are facing.
Your lawyer can also help manage expectations, de-escalate conflicts, and help you retain as much control as possible in creating your new family dynamic. They will also help ensure that all requirements are met during the process and that documents are drafted, filed, and processed correctly.
Take Control of Your Future With the Help of Jimeno & Gray
Regardless of what situation you and your family are facing, Jimeno & Gray provide solutions that are tailored to the unique needs of your family. Our team has extensive legal knowledge and experience that ensures you have the skilled legal services that you need. To learn more about how we can help, contact us today to schedule a confidential consultation.