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Maryland Divorce Blog

Lawmaker focuses on international child abductions

In this Maryland Divorce Blog, we have previously discussed a couple cases involving international child custody disputes. Child custody disputes that span international borders can be very complex for families as it is not always agreed upon which country has jurisdiction over these cases. As a result, international parental child abduction cases often go unresolved, leaving the parent who is without the child to feel helpless.

The Hague Convention, which has been signed by 80 countries including the U.S., outlines policies for dealing with these cases and it requires children to be returned to their habitual residence. In fact, hundreds of children are returned to the U.S. under the Hague Convention each year. However, the Hague Convention can be difficult to enforce and a number of countries have yet to sign it. One lawmaker is now making a renewed push to press the U.S. government to recover American children who have been abducted by a parent and taken abroad.

Gay marriage brings challenges to unmarried partners in Maryland

On January 1, 2013, same-sex marriage officially became legal here in Maryland. The legalization of same-sex marriage means that a number of benefits that were previously only available to heterosexual couples are now also available to homosexual couples. Of course, marrying comes with a number of benefits. And, marriage also affords certain protections should relationships end, as the divorce process provides structure to property division, spousal support, child custody and more. However, it has now turned out that the legalization of same-sex marriage is actually going to put an end to some benefits that same-sex partners were receiving.

Maryland state employees have previously been able to include their domestic partners on their health insurance policies. Gov. Martin O'Malley's administration introduced health benefits for domestic partners back in 2009 when same-sex domestic partners were not allowed to get married. Now that same-sex couples can marry under the state's family law, the administration is no longer allowing domestic partners on the health policies.

During divorce, remember to review college savings plans

As many parents in Maryland are well aware, the cost of college tuition is continuing to skyrocket in this country. As a result, many parents these days begin putting away money for their children's college education when the bright, promising scholars are still in diapers. Putting away money for college is difficult for many families, and when couples choose to divorce and finances and relationships are strained, this can become nearly impossible.

However, it is feasible for many families to continue to build a college savings account during and after divorce and parents who have this priority should make a point of bringing up this topic with their family law attorneys.

Divorce pitfalls to avoid in Maryland

If you know anyone who has gotten divorced in Maryland, they will likely have some advice for you. For most people, divorce is a process that is full of lessons. Fortunately, with the proper guidance, many people can benefit from these lessons during the divorce itself rather than having regrets about how things were handled later on.

A column that ran in the Huffington Post earlier this month detailed several common pitfalls that divorcing individuals would do well to avoid. The following are a few divorce hazards mentioned in the column that those preparing for divorce should steer clear of.

McCourts go back to court tomorrow over divorce settlement

One of the most complicated steps of the divorce process here in Maryland is dividing assets and liabilities. Maryland law requires that all marital property must be divided fair and equitably, and while that seems simple enough it is rarely as easy as splitting each asset into two. The process can be even more difficult when the couple has complex or high-value assets--such as business stakes, stock portfolios, art collections, etc. And, unfortunately, hidden assets and fraud can be a problem in the divorces of those with high-net worths as well as those of more modest means.

A potential example of this is currently playing out in the news media, which is continuing to cover the ongoing property division disputes of Frank and Jamie McCourt. The couple married in 1979 and Frank McCourt purchased the Los Angeles Dodgers in 2004. Although their divorce was settled in early 2012, Jamie McCourt is now accusing her ex-husband of fraud for low-balling the value of the Dodgers in order to cheat her out of a fair divorce settlement.

When unmarried couples breakup, legal problems abound

When couples choose to end their marriages here in Maryland, there are a lot of difficult things to sort out. Property and liabilities must be divided, child custody arrangements may need to be made and child support or alimony needs must be considered, among a number of additional issues.

Divorce can be very complicated, and it has been reported that many couples these days are deciding to cohabitate without marrying in order to avoid some of the messiness that a divorce can bring. However, many unmarried couples might not realize that a breakup can be even messier than a divorce.

Are grandparents given preference in custody, adoption cases?

When people have their parental rights terminated in Maryland, grandparents often step in to raise their grandchildren. However, Maryland's laws do not automatically award child custody to grandparents when it has been revoked from parents. In fact, the law does not afford a preference to grandparents over non-relatives. The court instead attempts to determine the child's best interests in order to award custody.

In a recent controversial case that took place in Minnesota, the state supreme court awarded custody of two black toddlers to the white family that had fostered them since birth rather than to their biological grandparents. Though race was not considered as a factor in the case, "cultural needs" were reportedly considered. 

Is it advantageous to be the first to file for divorce?

When married couples in Maryland begin inching toward divorce, many spouses begin to wonder whether they should file for divorce before their partners. Some people, reluctant to be the one to officially kick off a divorce, decide to wait for the other person to take the step. Others, preferring to feel as if they are the ones ending things, rush to be the first to file.

These lines of thought are somewhat emotional, and while divorce is of course an emotional time, it is also a time to remain level-headed and protect one's financial and legal interests. In many cases, one does not have the chance to choose whether to file first, but when one does have the option there may be several advantages to doing so.

Divorce comes with retirement concerns for baby boomers

Many Maryland residents may be aware of the growing trend of Baby Boomer divorce. From 1990 to 2010, the number of divorces among those 50 and older doubled. In 2010, 25 percent of divorces involved people in that age group. There are a number of factors driving this trend, but what we are going to discuss are some of the unfortunate legal and financial issues people face when they divorce in their 50s and later.

Of course, any divorce involves the complex process of dividing one household into two, and this can result in a tough financial situation for divorcees of any age. For those who are closer to retirement, however, this means that a retirement pool that was designed to fund retirement for couple must now be stretched to fund two separate retirements. It has been estimated that it costs about 30 percent more to retire as two singles rather than as one couple.

Court may have set precedent in voiding prenuptial agreement

Married or divorcing couples in Maryland who have prenuptial agreements may be interested in what has been called a landmark case in New York. In a highly unusual move, a state appeals court has upheld a judge's decision to void a prenuptial agreement because a woman claimed that she was tricked into signing the agreement just days before her wedding to a multimillionaire.

The decision has been called very rare if not unprecedented, and many have suggested that this may spark additional legal claims by those who feel that they were duped into signing prenuptial agreements.

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