Should I Get a Prenuptial Agreement?

Posted on August 3, 2012 by Epapc

        Traditionally, prenuptial agreements have been viewed with displeasure both in popular culture and in Maryland courts.  In a society that values the sanctity of marriage and the lifelong link between the lives of two people, the idea of creating a binding document describing what will happen if and when the marriage dissolves can tend to leave a bad taste in some people’s mouths.  However, in recent years, more and more people have been consulting Maryland family law attorneys for advice in drafting prenuptial agreements.  As we will see below, the practical reasons for drafting a “pre-nup” are beginning to outweigh any stigma associated with them.

        For one, prenuptial agreements are a very good way to account for disproportionate financial positions between two parties before they enter into the marriage.  Once a couple is married, their assets, for all intents and purposes, become totally linked.  For example, if the groom happens to make $200,000 per year and the bride happens to make $40,000 per year, in the eyes of the law, the couple had a combined income of $240,000.  But what happens if the happy couple were to fall upon some hard times and file for divorce?

In the absence of a prenuptial agreement, lawyers and judges are the principal people in charge of deciding the couple’s fate after the marriage.  Maryland is an “equitable distribution” state, which means that the marital assets are divided in a manner that puts the parties in a “fair” post-marital state.  It does not mean that the marital assets are divided equally.  The advantage of a prenuptial agreement is that the parties can assess their disproportionate financial states and craft a logical, equitable solution to what will happen to those financial states in the event of divorce.  More importantly, their judgment is not clouded by the stress and emotion of divorce litigation when the contingencies are agreed upon.

Moreover, prenuptial agreements are a good idea when one or both parties have been through previous marriage, and especially when these previous marriages have produced children.  The prenuptial agreement can help hash out things like whether a party will bear any financial responsibility for the children from a previous marriage, or whether they will only bear responsibility for their own natural children.

If one party has an ownership stake in a business, a prenuptial agreement may be a very good idea.  If there were to be a divorce, it may be damaging to the business if that ownership stake had to be divided, such that the former spouse now is involved in the business where he or she wasn’t before.

The main thing to take away from your consideration of a prenuptial agreement is that the choices are fully retained by the parties to the agreement.  A Maryland family lawyer is merely the agent expressing the wishes of the parties.  If the idea of free will is appealing to you and your future spouse, consider having a prenuptial agreement drafted by a Maryland family law firm.  If you end up needing it, your interests will be protected.  If it ends up collecting dust in a drawer somewhere, you can be comforted by the fact that you’re experiencing a happy marriage.

See Related Blog Posts:

Divorce Rates Doubles Among Older Couples

Helping to Win Custody Disputes

Posted in Divorce | Tagged , , | Leave a comment

Proving a Personal Injury Case in Maryland

Posted on July 20, 2012 by Epapc

        Every day, Maryland personal injury lawyers receive a number of calls from good, honest people who have been injured at the hands of someone else.  A vast majority of these injuries occur on Maryland’s roads, which are among the most congested in the country.  Sometimes, their injuries are catastrophic and life-altering.  The luckier ones “only” suffer a broken bone, torn ligaments, whiplash, or other recoverable injuries. Whatever the case, the disruption to their lives is painful, time-consuming, and costly.

        The one saving grace in these situations is that Maryland law allows the injured party to hold the wrongdoer financially responsible for the injuries.  That is, the victim can be compensated for the pain, disruption, and expense the injuring party (or “defendant”) caused.  The typical legal standard in a car accident case in Maryland is one of ‘negligence’.  In order to sustain a negligence claim in Maryland, the injured party (or “plaintiff”) must prove all of four things: duty, breach, causation, and damages.

Duty means that the plaintiff must prove that the defendant owed the plaintiff a legal duty to act in a certain way.  In the context of an automobile collision, any person licensed to drive on Maryland roads owes a duty to everyone else on the road to operate his or her automobile in a reasonably careful manner.  Reasonable care includes following all applicable traffic laws, being vigilant, and being mindful of any dangerous conditions, such as rain or snow.

Breach means that the defendant failed to adhere to the duty he or she owed to other drivers.  It can mean that the defendant acted dangerously, was inattentive, or failed to act in a legal manner.  In many cases, proving that the defendant failed to obey a traffic law is sufficient.  An example would be speeding or running a red light.  However, the fact that the defendant simply was not paying attention would be sufficient.

Causation means that the defendant’s breach of his or her legal duty was the cause of the injuries sustained by the plaintiff.  In other words, by virtue of the defendant’s act or failure to act, the plaintiff sustained an injury.  Often in a car accident context, causation is self-evident.  The collision causes the plaintiff to be thrown around his or her passenger compartment, and medical treatment is often needed.

Damages are the main point of contention in a car accident case.  After all, a defendant might readily admit his or her fault if it meant that there were no economic repercussions.  When a plaintiff is injured, he or she often needs thousands of dollars in medical treatment, loses wages from being unable to work, and has to repair or replace his or her automobile.

This is where a skilled Maryland car accident attorney comes in.  A skilled lawyer can make sure the plaintiff recovers the maximum amount of money for the injuries sustained.  This can include money for pain and suffering, emotional distress, and any permanent impairment that results from the accident.  Defendants and their insurance companies don’t want you to have this money.  Make sure you have a good advocate in your corner so that you can get what you deserve.

See Related Blog Posts:

Baltimore City to Pay Out $340,000 in Settlements
What to Do (and Not to Do) After a Car Accident

Posted in Car accidents | Tagged , , , | Leave a comment

Maryland Child Support Modifications

Posted on July 12, 2012 by Epapc

        In Maryland, like in other states, child support is a court-ordered financial arrangement between two parties who have produced a child.  The two parties need not have been married for child support to apply.  They need only be the biological parents of the child.  The idea behind child support is that the child should enjoy the combined benefits of the earning potential of both parents, regardless of which parent is entrusted with caring for the child.  That means that if you produce a child, you are almost always obligated to contribute a financial stake in the child’s future, regardless of any other personal involvement in the child’s upbringing.

Often, child support can become an issue as a result of the parents’ divorce.  In fact, it can become one of the more contentious issues a Maryland family lawyer might need to resolve in a divorce case.  The theory behind child support in this context is that the child should enjoy roughly the same quality of life he or she enjoyed prior to the parents’ divorce.  In line with this view, many courts will instruct the parent who was not awarded primary custody to pay a monthly amount to the custodial parent to cover the expenses of raising the child.  In this way, the child’s quality of life does not suffer for any financial shortcomings of the custodial parent.

Maryland child support attorneys will tell you that child support is tied to income.  Generally speaking, the greater one’s earnings, the greater the child support contribution required of them.  Though the norms are rapidly changing, the classic child support case involves a divorced couple in which the husband had been the primary breadwinner and the wife had been either primary a housewife or perhaps supplementing with a part-time job.  In this classic case, the wife may have been awarded primary custody of the child despite her lower earnings.  This situation would undoubtedly result in the court ordering a child support contribution from the husband, who was earning far more than his former wife.  The husband would be required to pay a determined amount primarily tied to his monthly income until the child was old enough to live on his or her own.

In a growing majority of cases, however, the story does not follow this straight and narrow path.  Life circumstances are constantly changing.  Especially in this economy, income is no longer as constant or certain as it once was.  For this reason, Maryland child support modifications are on the rise.  Courts will recognize the need for a modification in both the amount and duration of child support if the petitioning party meets the following standard:  sufficient evidence of a “substantial change in circumstances.”

There is no formal clarification of that standard except in a host of individual child support cases.  Because courts treat the issue on a case by case basis, the skill of your Maryland family law attorney can be paramount in convincing the court that a substantial change in circumstances has occurred, necessitating a modification to your child support payment.  Don’t risk failing to meet the standard by petitioning on your own.  Consult a Maryland family lawyer who knows the ins and outs of child support modification.

See Related Blog Posts:

Divorce Rates Doubles Among Older Couples

Helping to Win Custody Disputes

Posted in Child Support | Tagged , , | 1 Comment

Maryland High Court Limits Employer’s Liability for Employee’s Motor Tort

Posted on July 6, 2012 by Epapc

        Any Maryland personal injury lawyer will tell you that on a typical day driving on Maryland’s roads, any motorist is likely to be sharing the road with a variety of business vehicles.  As a matter of law, the drivers of these business vehicles are said to be agents of the companies that employ them.  After all, in most cases, they wouldn’t be on the road in such a vehicle unless they were under the direction of their bosses.

        Therefore, if you are struck by a motorist who is driving a vehicle bearing some kind of business logo or insignia, there’s a good chance that the business, and not the employee driver, will be ultimately liable for the injuries you sustained.  This legal concept is called respondeat superior, and it is the source for a significant amount of motor tort liability claims.

A recently decided Maryland case, Barclay v. Briscoe v. Ports America Baltimore, Inc., No. 41, September Term 2011, tested the limits of respondeat superior.  A Baltimore dock worker, having just worked a 22-hour shift, was driving home after clocking out.  Fatigued from his exceptionally long shift, the worker fell asleep at the wheel and drifted into an adjacent lane, striking another motorist.  Both the worker and the motorist sustained significant injuries as a result.

The motorist’s attorney concocted an unusual argument:  that the dock worker’s employer was responsible for the accident.  Although the worker was not driving the vehicle on any official company business, he was, the attorney argued, operating under a sleep-deprived and impaired state that was created by the company.  In having the worker work a 22-hour shift, the attorney argued, the company assumed the risk that the employee would create a danger to himself and other motorists if he was allowed to drive.

The Maryland Court of Appeals dismissed the argument and declined to assign any liability to the company, stating that doing so would have implicitly created an unintended labor limitation.  When the dust cleared in this case, the company’s actions were too far removed from the employee’s actions, and no court could reasonably impose liability on the company in such a case.

Most Maryland motor tort lawyers would say that although this case is interesting for its novelty, it very much departs from the typical auto accident situation.  In most cases, there is little doubt as to the employer-employee relationship or that the employee was working within the scope of his or her employment when he or she struck the plaintiff.

As an auto accident victim, Maryland accident attorneys want you to know your rights.  Companies who maintain a fleet of vehicles also typically maintain comprehensive tort liability insurance policies for all their vehicles and drivers.  As a result, respondeat superior is an appropriate legal remedy for many lawful drivers who were injured as a result of someone else’s negligence.

Maryland car accident lawyers are familiar with these kinds of claims, and can help evaluate your chances of recovering against the at-fault company.  If you find yourself in such a situation, consult an attorney who knows the best way to get the money you deserve.

See Related Blog Posts:

Baltimore City to Pay Out $340,000 in Settlements
What to Do (and Not to Do) After a Car Accident

Posted in Car accidents | Tagged , , | 1 Comment

Divorce Rate Doubles Among Older Couples

Posted on June 28, 2012 by Epapc

According to a recent article on CNN.com, the divorce rate has more than doubled for couples over the age of 50, debunking the perception that divorce is a phenomenon reserved for young people.  Traditional notions dictate that most marriages dissolve closer to their inception, reflecting that some young couples rush into marriage before they are ready, or feel pressure to marry after a child comes into the picture.

In 1990, only about 10% of all divorces were among those over the age of 50.  Today, the figure is nearly one in four.  Studies were inconclusive about the actual reasons for the increase, but many speculate that the higher figures are due in part to longer life expectancies, the proliferation of internet dating sites, and changing attitudes about the sanctity of marriage.  Older people, it seems, no longer feel like they have to be “stuck” with the same person for their whole life.  It is no longer taboo for an older couple to divorce, nor are the people who separated likely to remain alone for long if they don’t want to.  There is a far greater pool of single, older people who are in similar situations.

Although these are nationwide figures, Maryland family law attorneys have observed similar local increases in their clients over the age of 50.  With these increases, Maryland family lawyers face a particular set of challenges.

For one, older couples have typically been married for a longer period of time.  During that time, an older married couple is likely to have accumulated more marital property than a younger married couple.  A common misconception is that marital property is limited to the marital home, automobiles, and other tangible possessions.  In reality, marital property encompasses bank accounts, investments, pensions, and other intangible assets.  An older couple is likely to have acquired more of these intangible examples of marital property over their lifetime in addition to the physical property they have accumulated.  The challenge for a Maryland divorce attorney is getting an accurate account of all these assets because the sheer volume and value of the assets are sure to be a greater challenge than if the attorney was filing a divorce for a younger person.

Another concern for older couples who split is the possibility of failing health among one or both of the spouses.  Traditionally, marriage ensures that an ailing spouse will be taken care of by the healthier spouse as the couple ages.  When older couples divorce, they leave behind the security of their partner’s caregiving and, potentially, their spouse’s superior healthcare protection.  A skilled attorney can ensure that the decision to divorce is not clouded by the fear that comes along with failing health.

If you are part of an older, but failing, marriage, Maryland divorce attorneys are more equipped than ever to handle the particular challenges of dissolving a long-time marriage.  Parting with your companion of so many years may be difficult, but rest assured that your attorney will take care of technical parts while you focus on healing and moving on.

See Related Blog Posts:

Helping to Win Custody Disputes

Dividing Marital Property

Posted in Divorce | Tagged , , , | 1 Comment

Understanding Maryland Alimony Laws

Posted on June 22, 2012 by Epapc

Alimony is the court-mandated payment of spousal support.  It is distinct from child support and may be awarded at a court’s discretion in an attempt to return the disadvantaged spouse to his or her pre-divorce financial state.  After all, while the marriage lasted, one spouse is likely to have needed the other’s financial support to make the family finances work.

In many jurisdictions, alimony is calculated according to a codified formula or by a set of guidelines.  In the latter type of jurisdiction, a judge may literally award alimony by looking at a chart and deciding whether he or she feels the chart’s recommendation is appropriate.

Maryland divorce attorneys know all too well that Maryland alimony laws are nowhere near as straight-forward.  Divorce clients often walk into a Maryland family law practice with the following common questions:  “Will alimony will be awarded?”  “If so, how much will be awarded?”  “For how long?”  Nothing contained in this article can substitute for personalized advice from an attorney.  Nonetheless, the following is a brief overview of Maryland alimony law.

TYPES OF ALIMONY
Maryland recognizes and awards two types of alimony.  The first is “alimony pendente lite,” which may be viewed as temporary alimony awarded for the duration of the divorce proceedings.  In many cases, alimony pendente lite may be awarded to maintain the disadvantaged spouse’s financial status quo while the case is unresolved.  However, it does not necessarily mean that it will last beyond the proceedings.

The other type of alimony in Maryland is permanent alimony.  It is by no means mandatory.  A court may award it only when it finds that alimony is necessary for the disadvantaged spouse.  Depending on their financial contributions, either spouse may be required to pay alimony to the other.  Alimony must requested prior to the dissolution of the marriage.

MARYLAND ALIMONY FACTORS
Maryland judges will not award alimony for any one reason.  Rather, Maryland law provides a list of factors which, in conjunction with one another, might persuade a judge to award it.  These factors, codified at Md. Code Ann., Fam. Law § 11-106(b), are:

(1)   the ability of the party seeking alimony to be wholly or partly self-supporting;
(2)   the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
(3)   the standard of living that the parties established during their marriage;
(4)   the duration of the marriage;
(5)   the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(6)   the circumstances that contributed to the estrangement of the parties;
(7)   the age of each party;
(8)   the physical and mental condition of each party;
(9)   the ability of the party from whom alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony;
(10)   any agreement between the parties; and
(11)   the financial needs and financial resources of each party, including:
(i)     all income and assets, including property that does not produce income;
(ii)     any monetary award or use and possession award
(iii)   the nature and amount of the financial obligations of each party; and
(iv)     the right of each party to receive retirement benefits;
(12)   whether the award could cause a spouse who is a resident of a related institution as defined in the statue relating to health care facilities (§ 19-301 of the Health-General Article) and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.

Only a Maryland family lawyer can help you evaluate which of these factors apply to your case, and which factors might be accorded more weight based on the circumstances.  Don’t pass up this vital opportunity to understand your case.

See Related Blog Posts:

Helping to Win Custody Disputes
http://bestofmarylandaccidentattorney.com/helping-win-custody-disputes/

Dividing Marital Property
http://bestofmarylandaccidentattorney.com/dividing-marital-property/

Posted in Divorce | Tagged , , , , | Leave a comment

Baltimore City to Pay out $340,000 in Settlements

Posted on June 15, 2012 by Epapc

The City of Baltimore’s Board of Estimates recently convened to discuss the approval of settlement proceeds for three separate automobile accidents involving city vehicles.  The lesson?  Government employees can sometimes be just as negligent on the roads as ordinary citizens.  The secondary lesson?  Governments are responsible for the actions of their employees if the employee is acting within the course of his/her employment.

One accident involved a health department inspector’s vehicle that jumped a curb and struck a pedestrian who was waiting at a bus stop in Bel Air.  The driver allegedly either fell asleep at the wheel or suffered from an undisclosed medical emergency, which caused the driver to lose control of the vehicle.  The City settled with the pedestrian in the amount of $200,000.

Another accident involved a mobile library trailer that was hitched to a city truck.  The trailer suddenly became unhitched, rolled onto a sidewalk, and struck a man who was detailing his car.  The man sued under the theory that a city employee improperly secured the trailer, thereby causing his injuries.  The City settled with this man in the amount of $100,000.

The final accident was the most troubling for all parties involved, and for many different reasons.  Three people were traveling in a mid-size SUV, when a city fire truck approached the intersection they were entering.  The fire truck was responding to an emergency call and had its emergency lights and sirens engaged.  Unfortunately, the driver of the SUV did not observe the lights or sirens until he had lawfully entered the intersection under a green light.  The fire truck sped through the intersection under a red light, struck the SUV, and killed all three occupants.

Maryland accident attorneys know that emergency vehicles, including police and fire vehicles, are permitted to disregard the right of way indicated by traffic control devices if doing so would inhibit their ability to respond quickly to an emergency.  In other words, a fire truck may run a red light if responding to an emergency, as this fire truck was in this situation.  However, it is not an absolute privilege.  Drivers of emergency vehicles that do not have the right of way must first stop and observe the traffic in an intersection to ascertain the safety of entering the intersection.

In this case, the fire truck was traveling in excess of 40 miles per hour when it struck the SUV, indicating that the driver had not first stopped to observe the safety of entering the intersection.  The City elected to settle out of court, utilizing a special damage cap of $40,000 in cases of personal injury or death at the hands of emergency vehicles.

The result is troubling for Maryland personal injury lawyers in several regards.  On one hand, the public values the ability of emergency personnel to respond quickly to an emergency.  On the other hand, there are legal protocols emergency personnel must follow to reduce the likelihood of injury or death.  Three people died as a result of the accident, and their families were only able to recover a maximum of $40,000.

If you have been injured in an automobile accident involving a state or local government vehicle, a Maryland auto accident attorney may be able to recover damages on your behalf.  The fact that we applaud these government employees for their public service should not mean that you cannot recover money from the government.

See Related Blog Posts:

What To D (and Not To Do) After a Car Accident

Posted in Personal Injury | Tagged , , , | 1 Comment

Helping Win Custody Disputes

Posted on June 14, 2012 by Epapc

 

Maryland custody lawyers will admit that a significant majority of the time, the mother is the one who is awarded primary custody of the children after a divorce.  This can be disconcerting news for a father who truly believes that his primary custody of the children is in his children’s best interest.

 

Although the statistics still disfavor fathers in a custody battle, there is cause for hope.  According to a recent study, fathers are 10% more likely to be awarded primary custody than they were 10 years ago.  These statistics are encouraging because they show that primary custody for the mother is no longer a foregone conclusion.  When they enter the courtroom, men theoretically have an equal chance to walk away with primary custody.  Why, then, do the statistics disfavor men?

 

One of the most common pitfalls for men in these situations is their failure to maintain involvement in the child’s daily activities once they become separated from their spouse.  Involvement may be in the form of taking the child to or from school, attending the child’s sporting events, recitals, school plays, and doctor’s appointments, or devoting time to one-on-one activities with the child.  Any Maryland custody lawyer will advise that the more you are involved in the child’s typical daily activities, the more you tend to demonstrate your aptitude for taking on those responsibilities on a more regular basis.

 

A second common pitfall that fathers encounter is that they fail to document these efforts.  Exhaustive documentation of the efforts you make is more likely to impress upon a judge that you are capable of good parenting than your bare assertion that you will be a good parent.  The best way to document your efforts is to keep a log of all the activities you conducted with each child, at what times, and for how long.  Additionally, you are encouraged to engage in civil, respectful conversations with the mother of your children about your willingness to be involved.  For example, a series of e-mail messages to her in which you volunteer your time and effort to get the children to practices or to and from school can be valuable evidence in your favor when the judge is deciding your custody issue.

 

Moreover, your ability to be civil can go a long way.  Avoid verbal altercations, name-calling, and deliberate violations of her wishes.  The dispute is going to be hashed out in the courts or in mediation, and you do not want to arm her with more evidence that tends to show your primary custody would be the wrong choice.

 

Finally, a common problem for men is that they are forced to leave the marital home and find a new residence.  Maryland divorce attorneys know that this can create a strong presumption in favor of your children staying in the marital home, where they are most accustomed and comfortable.  It does not have to mean, however, that the children’s place is with their mother.  Ensure that your new living arrangement is the type of environment in which a reasonable person (the judge) could envision your child living.  If possible and age-appropriate, set up a designated play area for the child and your efforts to do so.  Make sure the child has adequate bedroom arrangements that mimic the comfort and security of the marital home.

 

Her custody doesn’t have to be a foregone conclusion.  The right Maryland family law practice can ensure that your paternal rights are protected from any presumptions that fathers are unfit for primary custody.  They’re your kids.  Fight for your access to them.

 

See Related Blog Posts:

Is Your Spouse Hiding Marital Assets From You?

Dividing Marital Property

Posted in Divorce | Tagged , , , | Leave a comment

What to Do (and Not to Do) After a Car Accident

Posted on June 1, 2012 by Epapc

BANG!  You’ve just been involved in a car accident.  You never saw it coming.  As you regroup, you realize that the accident must have been relatively minor.  You are able to move your body, and your car doesn’t appear to be mangled beyond recognition.  If it were, you’d likely be waiting for paramedics at best, or fighting for your life at worst.  Below are some dos and don’t’s that any Maryland auto accident attorney would suggest.

DO count your blessings.  Let out a sigh of relief.  Your accident could have been considerably worse than it was.

DO remain at the scene, even if there appears to be barely any damage to the vehicles.  If possible, move your vehicle from the main travel lanes to reduce the risk of further collisions or injury.

DO call the police so that they can prepare an accident report, no matter how minor the accident appears.  It is important to call the police as early as possible so that they can respond as quickly as possible, and so that you can take other measures in the meantime.

DO NOT assume everyone is alright.  Even minor traffic accidents can cause potentially serious injuries, some of which may not appear until several days after the accident.  As a precaution, make plans for yourself and your passengers to seek medical attention, even if not emergency treatment.

DO NOT make any statements as to fault or the cause of the accident.  A District of Columbia, Maryland, or Northern Virginia car accident lawyer would explain that even if you are certain you were not at fault, a court of law may eventually disagree.  Statements that you make at the accident scene potentially can be used as evidence against you if the case proceeds to trial.

DO take steps to document the accident.  Take photos with your cell phone if you have one.  Take notes if you are able.  The notes you take at the accident scene can be extremely valuable later.  Your memory of the circumstances of the accident is freshest immediately after the accident.  You may not realize that you will be unable to recall some of the more minor details even a day or two later.  Some important things to note are the time of day, weather, traffic congestion, the main and intersecting roads names, and the approximate rate of speed of each vehicle.  No details are too minor.

DO exchange all relevant information with the other driver.  This information should include full legal names, addresses, phone numbers, license plate numbers, driver’s license numbers, insurance company names, and policy numbers.  If the other driver does not intend to remain at the scene, try to get as much information about the driver as you can before he or she leaves, like the license plate number.

After you’ve taken all these precautions and considered medical attention, your next call should be to a Maryland personal injury lawyer, who can help you make sense of all the information you’ve collected and ensure that your rights are protected.  You may be entitled to compensation, but only if you act calmly and rationally at the accident scene.

Posted in Car accidents | Tagged , , | 1 Comment

Dividing Marital Property

Posted on May 22, 2012 by Epapc

maryland divorce lawyer, maryland divorce attorney, maryland divorce lawyersWho gets what?

A common misconception in Maryland divorce proceedings is that divorce will result in a 50/50 split of marital property.  Any Maryland divorce attorney would caution against this expectation.  After all, divorces would not be notorious for how expensive they can be if the division was this simple.

The first thing to understand when contemplating a divorce is what constitutes marital property.  Marital property, generally speaking, is all the assets, tangible and intangible, that a married couple acquires during their marriage.  Examples of these typically include the marital home, jointly titled cars, joint bank accounts, employment benefits, retirement accounts, and other things the couple acquired and maintained together.

The division of marital property is a function of the laws of the particular state in which a couple wishes to file for divorce.  There are two general types of property division states: community property states and equitable distribution states.  Your Maryland family law attorney can help explain where you must file and which type of division of marital property applies to you.

Community Property States

Community property states are less common than equitable distribution states.  Community property states subscribe to the notion that both parties to a marriage contribute equally to the maintenance of the property and assets accumulated during the marriage, regardless of any disproportionate financial input by one spouse over the other.  A stay-at-home spouse, for example, may be entitled to assets accumulated by the other spouse if those assets were accumulated as part of the maintenance of the marriage.

The goal of the community property approach is to divide the sum of the fair market value of the marital assets, not to divide each asset individually.  The court will attempt to keep as many assets intact as possible, such as vehicles or land, rather than require that the assets be sold and the proceeds divided.

Equitable Distribution States

By contrast, equitable distribution states are far more common.  The likely reason is that equitable distribution is much more flexible, allowing specific circumstances of the marriage or separation to govern the division of the assets.  On that note, it is important to realize that “equitable” distribution does not mean “equal” distribution.  A family law judge may use his or his discretion, in light of the evidence, to award one spouse a disproportionate share over the other.

One way to think of it is “What percentage does this spouse deserve?”  In many states, the answer to this question can be affected by evidence of the spouse’s contributions, financial and otherwise, to the family unit.  In some states, a judge may even consider the circumstances of the separation in calculating what percentage a spouse deserves.  If the jurisdiction allows for such discretion, a judge may even decide to grant an adulterous or abusive spouse a lesser share.  Your Maryland divorce lawyer can help you evaluate how your marital assets might be divided.

Divorce is a stressful and emotional prospect.  An experienced Maryland family lawyer can worry about securing the assets you deserve so that you can worry about beginning the healing process.

Posted in Divorce | Tagged , , | Leave a comment