 |
Our
family law section is headed by
STUART H. GROZBEAN. Mr. Grozbean was named to
"Who's Who" in 1998, 1999, 2000. He is
now a life member of "Who's Who", a prestigious
national recognition of outstanding professionals
in the United States. He is also the developer of
the child support guidelines program in Maryland.
His program is widely used by Judges, Masters and
Lawyers in Maryland.
Mr. Grozbean has been
quoted in the Washington Post, USA Today and
on the various television and news channels. |
Question:
I'm currently living with my wife while I look for another
place to live. (We plan ultimately to divorce.) I understand
that there needs to be a period of separation before the
courts grant a divorce. Is there a legal definition of
"separation" which I should be aware of?
Answer: Voluntary separation is when two parties
agree that they need to go their own way. Even though
it may not start out as a "voluntary" situation,
the parties can eventually come to a mutual agreement
that separation was inevitable.
Most states require that you live separately for the statutory
period of time. This means no cohabitation. Separation
means residing (and sleeping) in different locations at
all times. Separate bedrooms in the same house does not
constitute a separation.
The courts distinguish between separation and "desertion",
which is when one of the parties leaves without the intention
of returning. If the other person forces you to leave,
that is "constructive desertion." You won't
be penalized by the court if you leave for your own protection
or that of the child(ren).
Question: When is separation the appropriate course?
Answer: Before you think about separation, ask
yourself if you've taken all reasonable steps to make
the marriage or home situation better by working together.
Did you try sitting down calmly with your spouse to discuss
the situation? Did you try counseling, either individually
or as a couple? Talking to a psychologist, social worker,
pastor, or trusted family friend may provide the necessary
medium for working out differences.
If you have children, consider the impact of staying (or
leaving) on them. And never bring them into the fight.
Always remember: Children may be resilient, but their
armor is only so thick. Children know more, see more and
hear more than you think. If staying together is creating
an emotionally troubling situation for them, perhaps separation
is the best option.
Question: If I decide to go ahead with it, how
should I go about separating from my spouse?
Answer: Make a plan, if possible. You can't just
kick your spouse out of the house (unless perhaps the
home is titled in your name only), and leaving the house
may impact your chances for obtaining custody or protecting
property interests. Consider where you're going, what
possessions and vehicles you can take with you, who the
children will stay with, how the children will be cared
for, and how bills will be paid.
If you can, discuss a separation with your spouse and
agree on temporary arrangements. If possible, put any
agreement in writing. A handwritten agreement signed by
both parties is enforceable in court and will provide
extra protection for you. If your spouse is not in agreement
about a separation, consult an attorney before leaving
the marital home. An attorney can assist you in planning
for a separation that doesn't jeopardize your rights.
Question:
How do I provide for myself and the children during
the separation?
Answer: Once separated, you can apply to
the court for several types of relief. First, you
may request child support if you have custody of
the minor children. The question is always "how
much?" Both of you are going to have to contribute.
One of you probably will think they are getting
too little and the other probably will think they
are paying too much. Fortunately, most states have
implemented child support guidelines. This mandated
method of calculation takes some of the guess work
out of who pays how much. |
|
Free
Child Support Analysis With Consultation!
FOR
FREE CONSULTATION CALL:
301-738-5700 |
Question:
But there's more to support than a monthly check. What
about education or braces or money for sports competitions?
What about medical expenses or counseling?
Answer: The court can grant both temporary and
permanent support. Be knowledgeable about how support
is calculated; changing the amount of support is neither
automatic nor easy. A modification of support in the future
will require a significant change in financial circumstances.
A second type of support is spousal support or family
maintenance. You can request that your spouse contribute
to the mortgage and household expenses. If the court has
determined that you and the minor children should remain
in the marital home, the court may also grant an award
of support. The court will generally assess the needs
of the party requesting relief and the ability of the
other party to contribute.
Question: How does a judge decide who will be awarded
custody of the children?
Answer: The courts use the "best interests
of the children" standard in assessing a custody
situation. If the two of you can work together, then a
joint or shared custody arrangement may be right for you
and your children. If effective communication between
yourself and your spouse is not a reality, sole custody
may be the only option. Having the court decide who should
have custody is the very last option. The courts also
look to whether an individual's bad acts are acts that
have harmed the children.
Question: What does "custody" mean, exactly?
Answer: Custody comes in two forms: legal and physical.
Legal custody is the authority to make decisions concerning
the minor child(ren)'s health, education and welfare.
Physical custody pertains to where the child(ren) sleeps
for the majority of the time. Generally, the courts will
grant legal custody to the parent having physical custody.
This makes sense since the parent taking care of the child(ren)
may have to make emergency decisions.
Two parents may share custody or one parent may have sole
custody. There are several possible combinations of custody:
shared (joint) legal with sole physical; shared legal
with shared physical; or sole legal with sole physical.
While many parents convey their desire for shared or joint
custody, the Maryland courts are not inclined to grant
shared custody unless that is the established arrangement.
Information provided by:
Belli, Weil & Grozbean, P.C. located at
http://www.bwg-law.com
|
