# The Law Offices of Brandon Bernstein, LLC > Maryland family law and divorce attorneys. ## Pages - [Our Team](https://www.brandonbernsteinlaw.com/our-team/) - [Resources](https://www.brandonbernsteinlaw.com/resources/) - [Virtual Consultations](https://www.brandonbernsteinlaw.com/virtual-consultations/): Virtual Family Law Consultations & Meetings in Maryland The Law Offices of Brandon Bernstein wants to make our meetings with... - [How do I find out what assets my spouse has?](https://www.brandonbernsteinlaw.com/divorce-faqs/how-do-i-find-out-what-assets-my-spouse-has/): Divorce FAQ: How do I find out what assets my spouse has? One of the most common questions about divorce... - [How can I protect my assets?](https://www.brandonbernsteinlaw.com/divorce-faqs/how-can-i-protect-my-assets/): Divorce FAQ: How can I protect my assets? At the start of a divorce case, it’s common for at least... - [What kind of child support will I receive or be required to pay?](https://www.brandonbernsteinlaw.com/divorce-faqs/what-kind-of-child-support-will-i-receive-or-be-required-to-pay/): Divorce FAQ: What kind of child support will I receive or be required to pay? One of the first and... - [What kind of alimony will I receive or be required to pay?](https://www.brandonbernsteinlaw.com/divorce-faqs/what-kind-of-alimony-will-i-receive-or-be-required-to-pay/): Divorce FAQ: What kind of alimony will I receive or be required to pay? The debate over alimony is a... - [What am I entitled to?](https://www.brandonbernsteinlaw.com/divorce-faqs/what-am-i-entitled-to/): Divorce FAQ: What am I entitled to? At the start of the divorce process, one of the common refrains heard... - [What's the likelihood I can get custody of my kids?](https://www.brandonbernsteinlaw.com/divorce-faqs/whats-the-likelihood-i-can-get-custody-of-my-kids/): Divorce FAQ: What’s the likelihood I can get custody of my kids? If there’s a single question that’s most common... - [Divorce FAQs](https://www.brandonbernsteinlaw.com/divorce-faqs/): The Most Frequently Asked Questions About Divorce Navigating the divorce process can seem quite daunting, particularly as you’re just getting... - [Why Choose Us](https://www.brandonbernsteinlaw.com/why-choose-us/): Why Choose the Law Offices of Brandon Bernstein as Your Maryland Divorce Attorney? Have you been searching for the best... - [Hire a Maryland Family Law Attorney Today](https://www.brandonbernsteinlaw.com/hire-a-maryland-family-law-attorney-today/): Get Started with Your New Life By Hiring an Experienced Family Law Attorney in Maryland to Fight on Your Behalf... - [The Law Offices of Brandon Bernstein](https://www.brandonbernsteinlaw.com/) - [Testimonials](https://www.brandonbernsteinlaw.com/testimonials/): At the Law Offices of Brandon Bernstein, LLC, nothing is more important than serving our clients and helping them achieve... - [Hire a Divorce Lawyer for Men Today](https://www.brandonbernsteinlaw.com/hire-a-divorce-lawyer-for-men-today/): Choose an Experienced Divorce Lawyer for Men Who Will Protect Your Rights As experienced divorce lawyers for men, we understand... - [Hire a Maryland Divorce Attorney Today](https://www.brandonbernsteinlaw.com/hire-a-maryland-divorce-attorney-today/): Get Started with Your New Life By Hiring an Experienced Divorce Lawyer in Maryland The Law Offices of Brandon Bernstein... - [Contact](https://www.brandonbernsteinlaw.com/contact/): Get in touch with the Law Offices of Brandon Bernstein, LLC today, and schedule a free consultation to find out... - [Free Consultation](https://www.brandonbernsteinlaw.com/free-consultation/): We're happy to provide our clients with a free initial consultation. No risk, no cost and no obligation. - [Washington D.C.](https://www.brandonbernsteinlaw.com/locations/washington-dc-lawyers/): Washington DC Attorney: Law Firms DC The Law Offices of Brandon Bernstein, LLC, may not be the biggest Washington D.... - [Montgomery County](https://www.brandonbernsteinlaw.com/locations/montgomery-county/): Montgomery County Lawyers – Law Firms in Bethesda, MD If you’re looking for locally based law firms in Montgomery County,... - [Locations Served](https://www.brandonbernsteinlaw.com/locations/): Local Family Law Attorneys The Law Offices of Brandon Bernstein, LLC, is an experienced local family law attorney based in... - [Disclaimer & Privacy Policy](https://www.brandonbernsteinlaw.com/privacy-policy/): Disclaimer & Privacy Policy The information and materials on this blog are provided for general informational purposes only and are... ## Posts - [Common Pitfalls in Family Law Mediation](https://www.brandonbernsteinlaw.com/common-pitfalls-in-family-law-mediation/): While people most often think of divorce when the subject of mediation arises, mediation can also be used for child... - [Preparing for Your Maryland Child Custody Hearing](https://www.brandonbernsteinlaw.com/preparing-for-your-maryland-child-custody-hearing/): Divorce and child custody issues are, in most cases, emotionally draining on the entire family. If you have a child... - [Common Myths About Family Law](https://www.brandonbernsteinlaw.com/common-myths-about-family-law/): Family law comprises a variety of separate legal matters concerning family and domestic relations. Divorce, alimony, child support, and child... - [9 Things You Should Not Do When You Divorce](https://www.brandonbernsteinlaw.com/9-things-you-should-not-do-when-you-divorce/): So, your marriage is coming to an end, and you’re filing for divorce. Divorce is a legal process that formally... - [Family Law Considerations for Summer Weddings ](https://www.brandonbernsteinlaw.com/family-law-considerations-for-summer-weddings/): It’s wedding season! Statistics show that about 30% of U. S. weddings happen in the summertime. While it’s natural for... - [The Role of Social Media In Family Law](https://www.brandonbernsteinlaw.com/the-role-of-social-media-in-family-law/): The impact of social media on our lives in this age of digital communication is undeniable. Family law issues, including... - [Five Tips For Divorced Parents When Setting Up Summer Vacation Schedules](https://www.brandonbernsteinlaw.com/five-tips-for-divorced-parents-when-setting-up-summer-vacation-schedules/): The end of school is a few short weeks away in most places around the U. S. If you’re a... - [Digital Developments in Divorce Law](https://www.brandonbernsteinlaw.com/digital-developments-in-divorce-law/): Separation and divorce in the digital world are increasingly distinct from those in the pre-digital world. Technology impacts all aspects... - [What Should a Robust Divorce Mediation Settlement Include?](https://www.brandonbernsteinlaw.com/what-should-a-robust-divorce-mediation-settlement-include/): If you’ve made the decision to divorce and you and your spouse are generally in agreement about the overall structure... - [Your Spouse Wants a Divorce - What Should You Do Next?](https://www.brandonbernsteinlaw.com/your-spouse-wants-a-divorce-what-should-you-do-next/): You shouldn’t be surprised. You’ve led pretty much separate lives for the past year or more. You don’t do the... - [Preparing For Your Family Law Court Proceeding](https://www.brandonbernsteinlaw.com/preparing-for-your-family-law-court-proceeding/): If you are in the midst of family law proceedings, whether it’s a divorce, alimony, child support, or property distribution... - [Navigating Family Issues During The Holidays](https://www.brandonbernsteinlaw.com/navigating-family-issues-during-the-holidays/): Holidays are stressful at the best of times. But if you’re separated or divorced and trying to navigate how to... - [How to Achieve the Best Outcome For Your Family After a Divorce](https://www.brandonbernsteinlaw.com/how-to-achieve-the-best-outcome-for-your-family-after-a-divorce/): When families break up, it’s hard for everyone. Relationships are ruptured and routines are disrupted. Everyone has to find their... - [Child Custody and Holiday Visitation](https://www.brandonbernsteinlaw.com/child-custody-and-holiday-visitation/): Fall is here, and some major holidays are around the corner – Thanksgiving, Hanukkah, Christmas, Kwanzaa, and others. These are... - [The Difference Between a Divorce and an Annulment in Maryland](https://www.brandonbernsteinlaw.com/the-difference-between-a-divorce-and-an-annulment-in-maryland/): Generally, there are three ways in which a marriage can end: death, divorce, or annulment. Death needs no further elaboration,... - [Relocation and Child Custody ](https://www.brandonbernsteinlaw.com/relocation-and-child-custody/): We live in a highly mobile society. Research by the property management industry shows that 27 million people moved in... - [What is Marital Waste and How Does it Affect Property Distribution in a Divorce?](https://www.brandonbernsteinlaw.com/what-is-marital-waste-and-how-does-it-affect-property-distribution-in-a-divorce/): Dividing property in a divorce is a complex and often contentious issue for the divorcing parties. In Maryland, property distribution... - [What If You Suspect Your Spouse Is Hiding Assets During Your Divorce Proceeding?](https://www.brandonbernsteinlaw.com/what-if-you-suspect-your-spouse-is-hiding-assets-during-your-divorce-proceeding/): Maryland is an equitable distribution state for allocating marital property in a divorce. This means that your marital assets will... - [What If My Ex Won’t Pay Spousal or Child Support?](https://www.brandonbernsteinlaw.com/what-if-my-ex-wont-pay-spousal-or-child-support/): One of the many challenging aspects of divorce is that, from a financial perspective, the parties often struggle to live... - [7 Things to Keep in Mind When Going Through a Maryland Divorce](https://www.brandonbernsteinlaw.com/7-things-to-keep-in-mind-when-going-through-a-maryland-divorce/): Divorce is an emotionally grueling time for most people. If you didn’t see the divorce coming or didn’t want it,... - [Developments In Maryland Child Custody Law](https://www.brandonbernsteinlaw.com/developments-in-maryland-child-custody-law/): Child custody is, for many parents, the most heart-wrenching part of divorce. The thought of having to divide your children’s... - [Changing Child Custody Arrangements](https://www.brandonbernsteinlaw.com/changing-child-custody-arrangements/): One of the most difficult parts of a divorce is the realization that your minor children will not be living... - [Representing Yourself In A Maryland Divorce](https://www.brandonbernsteinlaw.com/representing-yourself-in-a-maryland-divorce/): What if you’ve decided unequivocally that you want a divorce, but having to pay a lawyer is keeping you from... - [Everything You Need to Know About Property Division in a Maryland Divorce](https://www.brandonbernsteinlaw.com/everything-you-need-to-know-about-property-division-in-a-maryland-divorce-2/): More than a decade ago, you said your “I do’s” and dreamed of a beautiful life together, with all of... - [Brandon Bernstein named to the Daily Record’s Power List for Family Law](https://www.brandonbernsteinlaw.com/brandon-bernstein-named-to-the-daily-records-power-list-for-family-law/) - [Important Legal Developments in Maryland Family Law](https://www.brandonbernsteinlaw.com/important-legal-developments-in-maryland-family-law/): Family law is a broad body of law that encompasses marriage, divorce, alimony, child custody, child support, and other areas... - [Everything You Need to Know About Property Division in a Maryland Divorce](https://www.brandonbernsteinlaw.com/everything-you-need-to-know-about-property-division-in-a-maryland-divorce/): More than a decade ago, you said your “I do’s” and dreamed of a beautiful life together, with all of... - [Is Divorce Mediation Right for You?](https://www.brandonbernsteinlaw.com/is-divorce-mediation-right-for-you/): Divorce is an emotionally charged process, generally difficult for both parties. Traditional litigation can often exacerbate these difficulties, leading to... - [Start Thinking About Summer Visitation Schedules](https://www.brandonbernsteinlaw.com/start-thinking-about-summer-visitation-schedules/): Summer is here again, and it’s time to create a summer child custody visitation schedule that works for everybody in... - [Understanding Gray Divorce in Maryland](https://www.brandonbernsteinlaw.com/understanding-gray-divorce-in-maryland/): Gray divorce refers to the phenomenon of older adults, typically those aged 50 and above, choosing to end their marriages.... - [Separation Issues: The Implications of Dating While Separated in Maryland](https://www.brandonbernsteinlaw.com/separation-issues-the-implications-of-dating-while-separated-in-maryland/): Couples who plan to divorce have many questions about the interim period of separation before their divorce is finalized. How... - [Maryland Custody Laws for Unmarried Parents: A Brief Overview](https://www.brandonbernsteinlaw.com/maryland-custody-laws-for-unmarried-parents-a-brief-overview/): It is increasingly common for unmarried people to have children together. Sometimes, the parents are in a relationship, whether living... - [Custody of Special Needs Children](https://www.brandonbernsteinlaw.com/custody-of-special-needs-children/): Navigating child custody matters in Maryland becomes especially intricate when a special needs child is involved. The legal considerations, the... - [A Closer Look at Maryland’s Divorce Process](https://www.brandonbernsteinlaw.com/a-closer-look-at-marylands-divorce-process/): Divorces are a state matter, and the rules governing the grounds for divorce, property distribution, alimony, child custody, child support,... - [Common Divorce Issues High-Net-Worth Couples Face](https://www.brandonbernsteinlaw.com/common-divorce-issues-high-net-worth-couples-face/): Divorce lawyers typically define a “high-net-worth couple” as one that has a million or more dollars in liquid assets. In... - [What are Considered “Commingled Assets” in a Maryland Divorce Case?](https://www.brandonbernsteinlaw.com/what-are-considered-commingled-assets-in-a-maryland-divorce-case/): When spouses mix or blend separate and marital property, making it hard to identify each spouse’s individual assets, this is... - [Changes Are Coming to Maryland Divorce Laws](https://www.brandonbernsteinlaw.com/changes-are-coming-to-maryland-divorce-laws/): In 2021, there were 1. 6 divorces per 1,000 people in Maryland. Divorces are hard in the best of circumstances,... - [Documents to Bring When Meeting with a Divorce Lawyer](https://www.brandonbernsteinlaw.com/documents-to-bring-when-meeting-with-a-divorce-lawyer/): All legal situations are paperwork intensive. Whether you’re creating or contesting a will, buying or selling a home, creating or... - [Child Custody Statistics](https://www.brandonbernsteinlaw.com/child-custody-statistics/): If you divorce and have a minor child or children, you and your spouse will have to address child custody... - [Changes to Maryland Child Support Guidelines](https://www.brandonbernsteinlaw.com/changes-to-maryland-child-support-guidelines/): Child Support in Maryland When parents divorce, one of the most pressing issues is child custody and support. Under Maryland... - [Effects of the Economic Downturn on Divorce](https://www.brandonbernsteinlaw.com/effects-of-the-economic-downturn-on-divorce/): The economic trends of the past year were discouraging in many ways, and they have continued into 2023. Inflation closed... - [High-Net-Worth Divorces in DC and Maryland: What is the Standard of Living?](https://www.brandonbernsteinlaw.com/high-net-worth-divorces-in-dc-and-maryland-what-is-the-standard-of-living/): Alimony is a periodic payment made by one former spouse to the other after a divorce. The purpose of alimony... - [Who Keeps the Engagement and Wedding Rings?](https://www.brandonbernsteinlaw.com/who-keeps-the-engagement-and-wedding-rings/): Throughout history, circles have represented wholeness, totality, perfection, eternity, and timelessness. Engagement and wedding rings are symbolic: their circular shapes... - [Divorce Trends in the State of Maryland](https://www.brandonbernsteinlaw.com/divorce-trends-in-the-state-of-maryland/): Marriage is an important institution in the United States, unlike other parts of the globe. In fact, the United States... - [Pandemic Relocations Have Wreaked Havoc on Child Custody Arrangements](https://www.brandonbernsteinlaw.com/pandemic-relocations-have-wreaked-havoc-on-child-custody-arrangements/): The issue of child custody is typically an extremely emotional issue for both parents as they go through the divorce... - [Does Alimony Automatically End Upon Remarriage?](https://www.brandonbernsteinlaw.com/does-alimony-automatically-end-upon-remarriage/): Going through a divorce is often extremely emotionally challenging and draining. And, in many cases, it causes significant financial challenges... - [Divorce Statistics in the United States](https://www.brandonbernsteinlaw.com/divorce-statistics-in-the-united-states/): There’s no lack of stories on the news or the internet about divorce statistics in America. Divorce has become a... - [What You Should and Shouldn’t Say to a Judge in Family Court](https://www.brandonbernsteinlaw.com/what-you-should-and-shouldnt-say-to-a-judge-in-family-court/): Family law typically covers such legal areas as divorce, divorce mediation, separation agreements, property distribution, child custody, alimony, child support,... - [What You Need to Know About Private Versus Court-Ordered Divorce Mediation](https://www.brandonbernsteinlaw.com/what-you-need-to-know-about-private-versus-court-ordered-divorce-mediation/): Divorce is a difficult situation for all parties. People think and hope that their marital vows will last forever, but... - [Divorce: Protecting Your Rights During Mediation](https://www.brandonbernsteinlaw.com/divorce-protecting-your-rights-during-mediation/): In general, divorce mediation will help you resolve your issues with your spouse so that you can then file for... - [Latest Insights into Divorce for Men & What's New](https://www.brandonbernsteinlaw.com/latest-insights-into-divorce-for-men-whats-new/): An Evolving Landscape & New Challenges, Pandemic Related & Otherwise, Impacting the World of Divorce for Men Men and women... - [Two Years of Pandemic Life Taking its Toll on Stressed Families](https://www.brandonbernsteinlaw.com/two-years-of-pandemic-life-taking-its-toll-on-stressed-families/): Increased rates of divorce and separation, among overall increased stress and household challenges, continues impacting families Few people imagined the... - [Things to Consider Before a Divorce](https://www.brandonbernsteinlaw.com/things-to-consider-before-a-divorce/): Understand your Finances This may seem pretty basic, but I speak with people who are pursuing a divorce and have... - [Divorce For Business Owners in Maryland](https://www.brandonbernsteinlaw.com/divorce-for-business-owners-in-maryland/): High Assets & Complex Spousal Support Situations Asset Protection for Maryland Business Owners If you are facing a divorce, you... - [Bethesda Family Law Attorney for Medical Professionals](https://www.brandonbernsteinlaw.com/bethesda-family-law-attorney-for-medical-professionals/): Divorce Lawyer for Medical Professionals Near Walter Reed and the National Institute of Health Facing a divorce and working through... - [Divorce & Conflict](https://www.brandonbernsteinlaw.com/divorce-conflict/): It can seem like conflict and divorce go hand in hand; after all if there was no conflict in the... - [Home Equity & Divorce in Maryland](https://www.brandonbernsteinlaw.com/home-equity/): For many of my clients, the primary home is the most valuable asset they own. “What to do with the... - [Preparation Check List (for Divorce or Not)](https://www.brandonbernsteinlaw.com/preparation-check-list-for-divorce-or-not/): Financial Records — Home & Property Information Finding yourself getting ready for a divorce can be a daunting process. You... - [2020 Year in Review for Family Law](https://www.brandonbernsteinlaw.com/2020-year-in-review-for-family-law/): This has been a challenging year for most people. The Covid-19 pandemic has affected the economy, our personal health and... - [How to Make the Most of Your Virtual Attorney Consultation](https://www.brandonbernsteinlaw.com/how-to-make-the-most-of-your-virtual-attorney-consultation/): Tips for Virtual Meetings with Your Divorce Attorney Our office is continuing to host remote, virtual sessions with our current... - [Does the "Perfect Divorce" Exist?](https://www.brandonbernsteinlaw.com/does-the-perfect-divorce-exist/): With the Right Mindset & Goals, Great Outcomes Can be Achieved Last year, the New York Times ran a multimedia... - [Maryland COVID-19 Divorce & Family Law FAQs, Resources](https://www.brandonbernsteinlaw.com/maryland-covid-19-divorce-family-law-faqs-resources/): Important Information & Tips for Family Law and Divorce in Maryland During the Coronavirus Pandemic There have been many pressing... - [What to Know About Virtual Attorney Consultations](https://www.brandonbernsteinlaw.com/what-to-know-about-virtual-attorney-consultations/): Virtual Family Law Meetings in Maryland As we all navigate through these unprecedented times together, The Law Offices of Brandon... - [Maryland Child Support Law Changes Payment Calculations](https://www.brandonbernsteinlaw.com/maryland-child-support-law-changes-payment-calculations/): New Law Will Affect How Child Support in Maryland is Calculated This fall, Maryland is changing its law regarding the... - [Domestic Violence & Abuse a Major Threat During Coronavirus Pandemic](https://www.brandonbernsteinlaw.com/domestic-violence-abuse-a-major-threat-during-coronavirus-pandemic/): Sheltering In Place Protects Public Health But Endangers At Risk Spouses and Children The coronavirus pandemic has continued rampaging across... - [Virtual Divorce Consultations & Family Law Conferences Now Being Offered](https://www.brandonbernsteinlaw.com/virtual-divorce-consultations-family-law-conferences-now-being-offered/): We’re Offering Free Online Divorce Consultations, Conducting Virtual Divorce Mediation & More With the ongoing coronavirus pandemic, it’s essential that... - [Proposed Change to Maryland Divorce Grounds Even More Important in Post-Coronavirus World](https://www.brandonbernsteinlaw.com/proposed-change-to-maryland-divorce-grounds-even-more-important-in-post-coronavirus-world/): Allowing Couples to File for Divorce While Living In Same Home May Prove Valuable After COVID-19 Pandemic A proposed addition... - [Unintended Marital & Family Risks from the Coronavirus Pandemic](https://www.brandonbernsteinlaw.com/unintended-marital-family-risks-from-the-coronavirus-pandemic/): How the COVID-19 Pandemic & Quarantine Are Affecting Marriages and Families The effects of a near-total nationwide lockdown and sweeping... - [How to Deal with Child Custody Agreements During COVID-19 Lock Down](https://www.brandonbernsteinlaw.com/how-to-deal-with-child-custody-agreements-during-covid-19-lock-down/): Coronavirus & Child Custody: How The Quarantine is Impacting Child Custody Agreements As most of the country has been ordered... - [Coronavirus Quarantine Divorce Cases will Surge](https://www.brandonbernsteinlaw.com/coronavirus-quarantine-divorce-cases-will-surge/): Pandemic Divorces Due to COVID-19 Sheltering in Place Policies Will be Huge The world has ground to a halt in... - [Understanding the Maryland Child Support Calculator](https://www.brandonbernsteinlaw.com/understanding-the-maryland-child-support-calculator/): How the Maryland Child Support Calculator Works One of the most commonly asked divorce questions will always be how much... - [Opioid Use & Addiction May Become Leading Cause of Divorce](https://www.brandonbernsteinlaw.com/opioid-use-addiction-may-become-leading-cause-of-divorce/): The Rise of Opioid Addiction is an Increasingly Large Threat to Marriages & Family Life We’ve often analyzed not only... - [What Are The Most Common Causes of Divorce?](https://www.brandonbernsteinlaw.com/what-are-the-most-common-causes-of-divorce/): Survey of the Leading Causes of Divorce in the U. S. We’re all different, our lives are different, and our... - [The Do's and Dont's of Divorce Mediation in Maryland](https://www.brandonbernsteinlaw.com/the-dos-and-donts-of-divorce-mediation-in-maryland/): Maryland Divorce Mediator Offers Tips on Approaching the Process Divorce mediation in Maryland is something that more people seem willing... - [Is Your Smartphone a Problem in Your Marriage?](https://www.brandonbernsteinlaw.com/is-your-smartphone-a-problem-in-your-marriage/): Communication Problems, Comparisons & Tempting Apps Among Culprits How many times a day do you check your phone? Whether you’re... - [Divorce, Family Law & Marriage Trends Approaching 2020](https://www.brandonbernsteinlaw.com/divorce-family-law-marriage-trends-approaching-2020/): How Divorce & Marriage in the U. S. Are Changing with Time One topic that we’ve continued to discuss here... - [How to Find the Best Divorce Lawyer for Men](https://www.brandonbernsteinlaw.com/how-to-find-the-best-divorce-lawyer-for-men/): Important Tips for Finding The Right Divorce Attorney for Men For anyone who’s heading towards a divorce from their partner,... - [5 Essential Tips from Divorce Lawyers for Men](https://www.brandonbernsteinlaw.com/5-essential-tips-from-divorce-lawyers-for-men/): Divorce Attorneys For Men Can Help You Avoid Major Mistakes When it comes time to face a divorce, many men... - [An Openly Gay Presidential Candidate Signals Quick Progression & More Questions](https://www.brandonbernsteinlaw.com/an-openly-gay-presidential-candidate-signals-quick-progression-more-questions/): Gay Marriage Only Became Legal In Recent Years It was only three years ago when we wondered on this blog... - [Nicolas Cage Annulment After Four Days: Does He Owe Spousal Support?](https://www.brandonbernsteinlaw.com/nicolas-cage-annulment-after-four-days-does-he-owe-spousal-support/): Looking at Celebrity Divorce News for Key Changing Issues Celebrity divorce cases are certainly nothing new. Although it seems that... - [Following up on the Jeff Bezos Divorce: What Was The Outcome?](https://www.brandonbernsteinlaw.com/following-up-on-the-jeff-bezos-divorce-what-was-the-outcome/): The Most Expensive Divorce Settlement in History A few months ago, we outlined that Jeff Bezos, considered the wealthiest person... - [Adele's $180 Million Fortune On the Line in Divorce Case](https://www.brandonbernsteinlaw.com/adeles-180-million-fortune-on-the-line-in-divorce-case/): Adele The Latest Celebrity Looking at a Massive Divorce Settlement The hits keep coming for mega-rich celebrities and massive divorces.... - [What Do The Latest Divorce Trends Have to Tell Us?](https://www.brandonbernsteinlaw.com/what-do-the-latest-divorce-trends-have-to-tell-us/): Looking at Divorce News for Key Changing Issues Marriage and divorce are permanent ideals which never change. Right? Well, not... - [Jeff Bezos & The Most Expensive Divorce in History](https://www.brandonbernsteinlaw.com/jeff-bezos-the-most-expensive-divorce-in-history/): What Happens When the World’s Richest Man Gets Divorced? Heavy is the head that wears the crown, as the saying... - [Dogs in Divorce: More States are Treating Pets as People not Property](https://www.brandonbernsteinlaw.com/dogs-in-divorce-more-states-are-treating-pets-as-people-not-property/): States are Passing Laws Regarding How to Handle Pets in Divorce Cases Two years ago, we shared news that Alaska... - [Marriage & Divorce Rates Are Both Down in the U.S.](https://www.brandonbernsteinlaw.com/marriage-divorce-rates-are-both-down-in-the-u-s/): Analyzing the Latest Marriage & Divorce Statistics The National Center for Health Statistics (NCHS), a component of the CDC, updates... - [The Implications of Cryptocurrency in Divorce](https://www.brandonbernsteinlaw.com/the-implications-of-cryptocurrency-in-divorce/): Cryptocurrency Divorce Adds a Modern Complication As cryptocurrencies, headlined by Bitcoin, moved from a niche financial product to one in... - [Maryland Updates Mutual Consent Divorce Provisions](https://www.brandonbernsteinlaw.com/maryland-updates-mutual-consent-divorce-provisions/): Couples with Minor Children May Now Utilize Mutual Consent Divorce in Maryland It’s been a few years since the Maryland... - [Bitcoin & Divorce: What You Need to Know About Cryptocurrency in Divorce Cases](https://www.brandonbernsteinlaw.com/bitcoin-divorce-about-cryptocurrency-in-divorce-cases/): Sorting Through the Complexity of Cryptocurrency as a Financial Asset in Divorce Financial concerns are always at or near the... - [What Exactly is Divorce Mediation in Maryland?](https://www.brandonbernsteinlaw.com/what-exactly-is-divorce-mediation-in-maryland/): Understanding Divorce Mediation and How it Works in Maryland Any way you look at it, divorce can be a daunting... - [Understanding Divorce: Absolute vs. Limited, Fault vs. No Fault, Contested vs. Uncontested](https://www.brandonbernsteinlaw.com/understanding-divorce-absolute-vs-limited-fault-vs-no-fault-contested-vs-uncontested/): How are all of these types of divorce in Maryland different? Sometimes it seems like there is so much terminology... - [10 More Must-Know Divorce Definitions and Phrases](https://www.brandonbernsteinlaw.com/10-more-must-know-divorce-definitions-and-phrases/): Top Need to Know Divorce Terminology In a previous blog, we discussed and defined the top 10 must know divorce... - [10 Must-Know Divorce Terms & Definitions](https://www.brandonbernsteinlaw.com/10-must-know-divorce-terms-definitions/): Understanding some of the most important divorce terminology Many legal matters can become clouded and bogged down by the terminology... - [The New Tax Law, Alimony & Child Support](https://www.brandonbernsteinlaw.com/the-new-tax-law-alimony-child-support/): The current structure tax structure for paying alimony Currently, the person who is making the alimony payment is allowed to... - [Divorce, Asset Division and Pets](https://www.brandonbernsteinlaw.com/divorce-asset-division-pets/): When Couples Divorce, Who Gets the Pets? Maryland Family Law Courts and How They View Pets When two spouses divorce,... - [Supreme Court Makes Family Law Ruling in Howell vs. Howell Case](https://www.brandonbernsteinlaw.com/supreme-court-makes-family-law-ruling-in-howell-vs-howell-case/): On May 15, the Supreme Court made a ruling in the Howell vs. Howell case. As reported by SCOTUSBlog. com,... - [Maryland Separation FAQs: 5 Need to Know Facts About Separation in Maryland](https://www.brandonbernsteinlaw.com/maryland-separation-faqs-5-need-know-facts-separation-maryland/): Top 5 Frequently Asked Questions About Maryland Separation Laws One area of the divorce process which many people have questions... - [Controversial Immigration Laws May Become a Hot Topic With Divorce](https://www.brandonbernsteinlaw.com/controversial-immigration-laws-may-become-a-hot-topic-with-divorce/): One serious issue which arises when certain couples are facing divorce is that of their immigration status and residency. With... - [Pet Ownership & Custody Becoming a Factor in Divorce](https://www.brandonbernsteinlaw.com/pet-ownership-custody-becoming-a-factor-in-divorce/): For couples who don’t have a child together and are preparing for divorce, they may have thought that there was... - [Will Upcoming ACA & Healthcare Changes Impact Divorced Couples with Children?](https://www.brandonbernsteinlaw.com/will-upcoming-aca-healthcare-changes-impact-divorced-couples-with-children/): Some of the most heated debates and discussions that have surfaced in the final weeks of President Obama’s presidency, and... - [Artificial Intelligence Capable of Nearly 80% Accuracy Predicting Outcomes of Legal Cases](https://www.brandonbernsteinlaw.com/artificial-intelligence-capable-of-nearly-80-accuracy-predicting-outcomes-of-legal-cases/): We’re always looking to stay atop of the latest news in all realms of the law and legal proceedings, which... ## Attorneys - [Michael A. Fortini](https://www.brandonbernsteinlaw.com/attorneys/michael-a-fortini/): Michael A. Fortini represents clients throughout Montgomery County and the surrounding Maryland counties in every area of family law —... - [Robert C. Eustice](https://www.brandonbernsteinlaw.com/attorneys/robert-c-eustice/): Bob Eustice has been dedicated to helping people solve family law problems for more than 35 years. He started out... - [Bradleigh Breland](https://www.brandonbernsteinlaw.com/attorneys/bradleigh-breland/): Bradleigh joined the Firm in March 2024 as an Associate Attorney. Previously she practiced at a family law firm in... - [Brandon Bernstein](https://www.brandonbernsteinlaw.com/brandon-bernstein/): Mr. Bernstein prides himself on providing high quality legal service at an affordable price, centered around integrity, experience, results. ## Offices - [The Law Offices of Brandon Bernstein, LLC](https://www.brandonbernsteinlaw.com/offices/the-law-offices-of-brandon-bernstein-llc) ## Practice Areas - [Child Support](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/child-support/): Get the Help You Need from a Bethesda Child Support Attorney In Maryland, all parents have a legal obligation to... - [Comprehending the Divorce Procedures in Maryland](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/divorce/comprehending-the-divorce-procedures-in-maryland/): Divorce is difficult for most people. From the perspective of emotions, relationships and finances, it can be a turbulent time.... - [Bethesda Divorce FAQs](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/divorce/bethesda-divorce-faqs/): How Much Does It Cost for a Divorce in the State of Maryland? It can be expensive to divorce. In... - [Family Law](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/): We offer representation across a range of family law matters, including divorce, as well as child support and custody matters,... - [Family Law Mediation](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/family-law-mediation/): Find a Resolution with the Help of an Experienced Bethesda Family Mediation Lawyer While disagreements between family members can involve... - [Uncontested Divorces](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/bethesda-uncontested-divorce-lawyer/): Bring Your Marriage to an End with the Help of a Bethesda Uncontested Divorce Attorney If you and your spouse... - [Alimony](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/alimony/): Bethesda Alimony Attorney If you are like most divorcing spouses, your obligation to pay (or right to receive) alimony is... - [Mutual Consent Divorce](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/mutual-consent/): Mutual Consent Divorce in Maryland The state of Maryland allows for a number of different grounds for absolute divorce. The... - [Your First Consultation](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/your-first-consultation/): What Happens in Your First Family Law Consultation With the legal, financial and emotional issues wrapped up in divorce, it’s... - [Financial Issues in a Divorce](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/financial-issues-divorce/): Protect Your Assets with the Help of an Experienced Bethesda High Asset Divorce Lawyer Going through a divorce requires both... - [Contested Divorce](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/contested-vs-uncontested-divorce/): Hire an Experienced Bethesda Contested Divorce Attorney to Help Protect Your Legal Rights It is common for disputes to arise... - [Property Distribution](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/property-distribution/): Bethesda Property Division Lawyer Dividing spouses’ marital property is a key aspect of the divorce process. While some states require... - [Protective Orders](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/protective-orders/): Obtain a Protective Order: Maryland Protective Order & Peace Order Filing At the Law Offices of Brandon Bernstein, we’ll help... - [Child Custody](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/child-custody/): Bethesda Child Custody Attorney When going through a divorce or separation as a parent, one of the most important aspects... - [Separation Agreements](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/separation-agreements/): Bethesda Separation Agreement Lawyer In general, when you file for a “no-fault” divorce in Maryland, you and your spouse must... - [Divorce Mediation](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/divorce-mediation/): Turn to a Bethesda Divorce Mediation Attorney for an Easier and More Affordable Solution Maryland divorce mediation is a voluntary... - [Prenuptial Agreements](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/prenuptial-agreements/): Protect Yourself with the Help of a Bethesda Prenuptial Agreement Attorney When entering into a marriage, there are several reasons... - [Divorce](https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/divorce/): As your Maryland divorce attorney, Mr. Bernstein is here to fight on your behalf, and to protect your interests during... # # Detailed Content ## Pages - Published: 2020-04-21 - Modified: 2024-10-22 - URL: https://www.brandonbernsteinlaw.com/virtual-consultations/ Virtual Family Law Consultations & Meetings in Maryland The Law Offices of Brandon Bernstein wants to make our meetings with you as convenient and seamless as possible. That's why we're proud to offer a full range of virtual family law consultations, conferences and meetings. Why Go Virtual for your Maryland Divorce Lawyer Meetings While the preference for many people is to meet in person, we first decided to begin hosting a wider range of virtual sessions as a result of the coronavirus pandemic. In this way, we could continue abiding by stay at home and social distancing policies, while handling important matters with our current and prospective clients. As with many other businesses and industries realizing the power of technology available to us, we will be continuing to offer virtual family law meetings in Maryland going forward indefinitely in the future. Our virtual sessions are: Secure & confidential Convenient & flexible Available to new & existing clients Always handled with the same personal attention and commitment that our firm is known for providing. Get a Free Virtual Family Law Consultation in Maryland When you're ready to take the next step in a pending divorce, or if you need legal advice for any pertinent family law matter such as child support and child custody, divorce mediation, and more, call our office at 240. 395. 1418 to schedule your free consultation and virtual divorce attorney meeting. - Published: 2018-08-03 - Modified: 2025-09-12 - URL: https://www.brandonbernsteinlaw.com/divorce-faqs/how-do-i-find-out-what-assets-my-spouse-has/ Divorce FAQ: How do I find out what assets my spouse has? One of the most common questions about divorce frequently on the mind of our clients is how they determine the true assets held by their spouse. While in a relationship, many of us assume that we know all of the financial dealings of the other. In practice, the truth is often much different. The process of discovery during a divorce offers you ample opportunity to determine the true nature of all of your spouse's assets. This can be accomplished with a variety of techniques. With Interrogatories, you have opportunity to officially file 30 separate written questions from your attorney to your spouse's attorney. With Requests for Production of Documents, you have an unlimited capacity to request relevant documents. Depositions may also be used, along with a process called Request for Admissions, as well as potentially subpoenaing the other party to produce documents. Clearly, there are many potential courses of action to ensure no stone is left uncovered. Of course, there's a huge array of specific circumstances that may come into play. From the division of federal government employee retirement accounts, to the emerging issue of Bitcoin and cryptocurrency in divorce, no two cases are the same. Feel free to call our office at 240. 395. 1418 with any further questions, or if you'd like to schedule an appointment for a free consultation. - Published: 2018-08-03 - Modified: 2025-09-12 - URL: https://www.brandonbernsteinlaw.com/divorce-faqs/how-can-i-protect-my-assets/ Divorce FAQ: How can I protect my assets? At the start of a divorce case, it's common for at least one of the parties involved to be wondering how they can protect their assets. The issue of the division of marital property is a complicated one, with many variables to consider. The best way to protect your assets is to have a written and signed prenuptial agreement which dictates certain terms. It's not unusual for couples to enter into postnuptial agreements, either. Another tactic to guard assets during divorce is to seek divorce mediation, coming to an agreement before the matter is in the court's hands. This is one often successful method for keeping more control over the situation. Assets, whether homes or cars, could potentially be divvied up between the parties based upon preference and need, with compromises and exchanges taking place. It's also important to weigh whether particular assets hold more sentimental than monetary value, and to prioritize what the most important outcomes may be. Further, the cause of the estrangement between the parties and the resulting divorce proceedings may also factor in, and provide an avenue towards protecting certain assets. There are many frequently asked questions about divorce, and you're never alone. Feel free to call our office at 240. 395. 1418 and to schedule a free initial consultation to begin discussing the specifics of your case. - Published: 2018-08-03 - Modified: 2025-09-12 - URL: https://www.brandonbernsteinlaw.com/divorce-faqs/what-kind-of-child-support-will-i-receive-or-be-required-to-pay/ Divorce FAQ: What kind of child support will I receive or be required to pay? One of the first and most common divorce questions we hear from our clients is how much child support they'll have to pay, or conversely, how much they may be able to receive. Maryland's child support guidelines are clear on the types of factors considered, including certain key thresholds or limits. Chief among these is whether or not one party has primary physical custody, or whether it's shared. The guideline here for shared custody is that each party has the child for at least 128 overnights per year. [UPDATE: Maryland is updating this requirement to 92 overnights as of October 1st, 2020. ] Another key guideline is that if the two parties combine to make over $15,000 per month, then the specific Maryland child support calculation guidelines can be circumvented. Beyond these two key important points, the amount of child support the court determines that one party pays another will be determined by considering primarily the income of both parties, and expenses including health insurance, daycare, and extraordinary medical expenses. Food, shelter, clothing and general expenses are not factored into calculating child support. Child support requirements are removed when a minor child turns 18, or in some cases, 19, if he or she has not yet graduated from high school. Payments can also be changed due to substantial changes in income or expenses. You can also read our full list of the top 10 Maryland child support FAQs. Otherwise, feel free to call our office at 240. 395. 1418 if you have any questions or would like to schedule a free consultation. - Published: 2018-08-03 - Modified: 2025-09-12 - URL: https://www.brandonbernsteinlaw.com/divorce-faqs/what-kind-of-alimony-will-i-receive-or-be-required-to-pay/ Divorce FAQ: What kind of alimony will I receive or be required to pay? The debate over alimony is a central point in many divorce proceedings, and asking how much alimony you'll be required to pay, or will be receiving, is one of the most frequently asked divorce questions. Of course, there's not a clean cut or foolproof solution to follow. Instead, there are over a dozen factors which may be considered by the court. It's also important to keep in mind that the alimony determination is entirely at the discretion of the court. The chief concern of the court is the ability of the party seeking alimony to be wholly or partly self-supporting. The standard of living shared by the parties, the financial needs and resources of each party, the duration of the marriage, and the time necessary for the alimony-seeking party to gain education or training to find suitable employment are all factors. The contribution of each party to the well-being of the family, the circumstances which led to the estrangement between them, their age, and their physical and mental condition, are all considered. You can continue reading to find a more complete list of factors determining alimony awards, or if you have any other questions or concerns, can call our office at 240. 395. 1418 to schedule a free consultation. - Published: 2018-08-03 - Modified: 2025-09-12 - URL: https://www.brandonbernsteinlaw.com/divorce-faqs/what-am-i-entitled-to/ Divorce FAQ: What am I entitled to? At the start of the divorce process, one of the common refrains heard is what exactly each party is entitled to from the other. There are many ways to look at that, whether an individual is referring to strictly monetary or financial matters, the ownership of physical assets and property, and even if the person is also including issues such as child custody or visitation into the same mix. Of course, each of these matters are separate considerations for the court to determine. From child support and child custody, to alimony, the division of property, and on down the line, each of these are separate issues. However, some of the common factors which are considered for one may also be considered for the next, matters such as income, contributions to the well-being of the family, the duration of the marriage, cause of its dissolution, and so forth. The best way to determine what one is entitled to, or what one may be required to pay or provide to the other, is to evaluate all of these specific circumstances on a case by case basis. Most cases have their own unique or complicated, and sometimes extenuating circumstances, which is why you need an experienced attorney who can guide you through the process and work to achieve the result you're seeking. There are many frequently asked questions about divorce, and we're always here to help. Call us at 240. 395. 1418 to schedule your free consultation and we'll begin discussing your case and all of the specific components involved. - Published: 2018-08-03 - Modified: 2025-09-12 - URL: https://www.brandonbernsteinlaw.com/divorce-faqs/whats-the-likelihood-i-can-get-custody-of-my-kids/ Divorce FAQ: What's the likelihood I can get custody of my kids? If there's a single question that's most common in divorce proceedings, it's a spouse looking to learn the likelihood of receiving custody of his or her children. There is not a precise "formula" to determine this, and it's very much dependent on the specific factors of your case. However, the Court will consider several factors as set forth in Maryland case law. The overall guiding principle behind the determination is what's in the best interests of the child or children. How that conclusion is reached can be highly complex, including whether or not there's history of abuse or prior voluntary abandonment. Additional factors include fitness of the parents, material advantages, character and reputation, and the child's desires, along with the residences of the parents, the length of separation from the natural parents, and the potential for maintaining natural family. Other factors range from gender and religion, to preexisting agreements between you and your spouse, and many others, not to mention of course the desire of the natural parents. There's also the potential of a court-appointed custody evaluation. Learn more about Maryland child custody determinations and how we may be able to help, or continue reading through our list of the top divorce FAQs. Call our office at 240. 395. 1418 with any questions or to schedule a free consultation. - Published: 2018-08-03 - Modified: 2025-09-12 - URL: https://www.brandonbernsteinlaw.com/divorce-faqs/ The Most Frequently Asked Questions About Divorce Navigating the divorce process can seem quite daunting, particularly as you're just getting started. What we've seen with our clients though is that many share similar concerns. Here, we've gathered a lineup of the most frequently asked divorce questions that our clients are concerned about. It's not going to solve every riddle for you, but hopefully it gets you started down that path, providing you with some understanding and familiarity. Continue through to read the full answers for each individual question. Top 6 Divorce Frequently Asked Questions 1. What is the likelihood I can get custody of my kids? For any couple with children, child custody is the issue at the forefront of each spouse's minds. 2. What am I entitled to? There's a complicated set of factors to consider when determining the division of financial assets between spouses, as well as the financial issues of child support and alimony. 3. What kind of alimony will I receive/be required to pay? Alimony is determined by an array of well over a dozen factors, with many more potential outcomes than you may realize. 4. What kind of child support will I receive/be required to pay? There are a variety of state-specific child support guidelines to consider, including primarily whether one parent has physical custody, or if the parents share physical custody. Keep in mind that child support is a separate issue from alimony. 5. How can I protect my assets? There may be a number of potential strategies available to protect or safeguard certain assets. 6. How do I find out what assets my spouse has? Determining the assets held by your spouse is a key part of divorce proceedings, and the discovery process holds your answers. Of course, while these are a few of the most common questions about divorce that we hear from our clients, they certainly aren't the only ones. To get your own questions answered, start by giving us a call at 240. 395. 1418 to set a free consultation. - Published: 2015-12-16 - Modified: 2024-10-22 - URL: https://www.brandonbernsteinlaw.com/why-choose-us/ Why Choose the Law Offices of Brandon Bernstein as Your Maryland Divorce Attorney? Have you been searching for the best divorce lawyer for you in Maryland? Because that's the key -- finding an attorney that may be the best divorce attorney for you, your needs and your personal circumstances. At the Law Offices of Brandon Bernstein, we strive to provide a personalized and dedicated approach that will deliver a positive outcome for each of our clients. You can be confident when you choose to work with us, and here are a few of the reasons why: Tireless Commitment to Your Cause Mr. Bernstein serves as a tireless advocate for his clients. He'll passionately fight for you and your best interests, while developing a tailor-made approach and solution which is best suited to your case. Personal Attention We care about each and every client, and provide each client with personal attention and ongoing support. You're not a statistic or a number on a case file. You're a person that we're dedicated to helping and supporting during each step of the process. Client Satisfaction We work hard to ensure we produce positive outcomes for our clients whenever possible, and take great pride when we're able to do so. It's something we're also happy to see that our clients have noticed as well. View some of our recent testimonials to see what our satisfied clients have had to say. Super Lawyers Selected to Super Lawyers: 2021 - 2025 Selected to Rising Stars: 2014 - 2020 View his profile on Super Lawyers for more information. Integrity. Experience. Results. That's our motto at the Law Offices of Brandon Bernstein, LLC, and that approach is instilled into everything we do. See the difference that it can make for you and your case. Call us at 240. 395. 1418 and we'll begin developing a solution which meets your needs. - Published: 2015-10-14 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/hire-a-maryland-family-law-attorney-today/ Get Started with Your New Life By Hiring an Experienced Family Law Attorney in Maryland to Fight on Your Behalf The Law Offices of Brandon Bernstein, LLC, is here to provide you with the dedicated, supportive assistance you need while you're going through this difficult time. You can count on our experience and commitment to help you achieve the positive resolution you deserve, and we'll work tirelessly to protect your rights. Call us today at 240-395-1418, or fill out the form below, and we'll be happy to provide you with a free consultation to begin discussing your case and the best way to proceed. Our office is located in Bethesda, Maryland. Get Your Free Consultation The Firm has experience in all areas of family law, whether you are seeking a divorce, alimony, or division of marital property. The Firm handles cases of varying degrees of complexity from high net worth divorce to uncontested divorce. When you retain the Firm to represent you, I will be an advocate for you and your rights, and will guide you through the divorce process as effectively and cost efficiently as possible. I will provide counsel and represent your best interests with regard to the many issues you may face, whether your case settles outside of court or through mediation, or proceeds to trial. I provide personal attention to each and every client will personally see your case through from beginning to end. There's no time to waste. The sooner you act, the sooner we can help. Let the Law Offices of Brandon Bernstein, LLC, take up your case and your cause. Schedule your free consultation today. - Published: 2015-10-02 - Modified: 2024-10-22 - URL: https://www.brandonbernsteinlaw.com/testimonials/ At the Law Offices of Brandon Bernstein, LLC, nothing is more important than serving our clients and helping them achieve positive outcomes. Here are just a few of those satisfied clients whom we've been happy to assist. - Published: 2014-10-01 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/hire-a-divorce-lawyer-for-men-today/ Choose an Experienced Divorce Lawyer for Men Who Will Protect Your Rights As experienced divorce lawyers for men, we understand what you're going through, and we're here to fight on your behalf. Contact my office to schedule a free in person consultation to discuss your options. You can rest assured knowing that I will fight tirelessly for you. Call us today at 240-395-1418, or fill out the form below, and we'll begin discussing your case. Our office is located in Bethesda, Maryland. Get Your Free Consultation Today The Law Offices of Brandon Bernstein, LLC, is ready to help, and we'll be there for you at each stop of the way. When you retain the Firm to represent you, I will be an advocate for you and your rights, and will guide you through the divorce process as effectively and cost efficiently as possible. I will provide counsel and represent your best interests with regard to the many issues you may face, whether your case settles outside of court or through mediation, or proceeds to trial. I provide personal attention to each and every client will personally see your case through from beginning to end. As an experienced divorce attorney for men in Maryland, we understand what you're going through. We'll fight on your behalf when you need aggressive support and protection. There's no time to waste. The sooner you act, the sooner we can help. Let the Law Offices of Brandon Bernstein, LLC, take up your case and your cause. - Published: 2014-10-01 - Modified: 2024-10-22 - URL: https://www.brandonbernsteinlaw.com/hire-a-maryland-divorce-attorney-today/ Get Started with Your New Life By Hiring an Experienced Divorce Lawyer in Maryland The Law Offices of Brandon Bernstein has experience in all areas of family law, whether you are seeking a divorce, alimony, or division of marital property. Contact my office today to schedule a free in person consultation to discuss your options. You can rest assured knowing that I will fight tirelessly on your behalf. Call us at 240-395-1418, or fill out the form below to get started. Our office is located in Bethesda, Maryland. Get Your Free Consultation The Firm handles cases of varying degrees of complexity from high net worth divorce to uncontested divorce. When you retain the Firm to represent you, I will be an advocate for you and your rights, and will guide you through the divorce process as effectively and cost efficiently as possible. I will provide counsel and represent your best interests with regard to the many issues you may face, whether your case settles outside of court or through mediation, or proceeds to trial. I provide personal attention to each and every client will personally see your case through from beginning to end. There's no time to waste. The sooner you act, the sooner we can help. Let the Law Offices of Brandon Bernstein, LLC, take up your case and your cause as an experienced Maryland divorce lawyer. Schedule your free in person consultation today. - Published: 2012-01-10 - Modified: 2024-10-22 - URL: https://www.brandonbernsteinlaw.com/contact/ Get in touch with the Law Offices of Brandon Bernstein, LLC today, and schedule a free consultation to find out how we can help solve your problem. Contact Experienced Divorce and Family Lawyers in Maryland Today Please find all our contact and location information below. Get in touch with us to set up your consultation, or with any other questions that you may have. - Published: 2012-01-10 - Modified: 2025-07-08 - URL: https://www.brandonbernsteinlaw.com/free-consultation/ We're happy to provide our clients with a free initial consultation. No risk, no cost and no obligation. At the Law Offices of Brandon Bernstein, LLC, we'll be happy to provide you with an initial free attorney consultation, with no risk and no obligation. There are two easy ways you can get your free attorney consultation in Maryland or Washington D. C. today: Use the form to send as a direct message or call the office at 240. 395. 1418 Free Attorney Consultation in Maryland and Washington D. C. Free consultation lawyers will provide you with a no risk and no obligation consultation, whether you're in need of assistance with family law and divorce proceedings, or other related matters. We'll be happy to set up a free consultation order to discuss your current situation, and figure out the best way to effectively and quickly move forward and produce a desirable resolution. Don't settle for working with lawyers who try to pressure you with a sales mentality. Instead, work with somebody who will speak to you honestly about your options and the most effective potential courses of action. We offer our complete dedication, personalized support, and tailor-made solutions based upon your needs. You have nothing to lose, and everything to gain, when you contact the Law Offices of Brandon Bernstein, LLC. There's no time to waste - call us today and get started. Brandon Bernstein is licensed in Maryland and Washington D. C. , and can provide a free attorney consultation to prospective clients in these locations. Contacting us to schedule your free consultation does not establish an attorney-client relationship or privilege. - Published: 2012-01-10 - Modified: 2024-10-22 - URL: https://www.brandonbernsteinlaw.com/locations/washington-dc-lawyers/ Washington DC Attorney: Law Firms DC The Law Offices of Brandon Bernstein, LLC, may not be the biggest Washington D. C. law firm, or one of the historically prestigious law firms which have been around for many decades. However, as your attorney, we can offer you many benefits including: Dedication, commitment and personalized support Reasonable rates Real results and solutions We work with clients to handle their needs as a divorce lawyer in D. C. and other family law matters, such as child support and custody. Additionally, we offer assistance with litigation, business transactions, and other legal concerns. If you have a problem, we'll do our best to find a successful and quick resolution that matches your needs. Washington, DC Attorney Serving Clients Throughout the Metropolitan Area Brandon Bernstein is a Washington, DC, attorney with extensive experience serving clients in various family law matters. Because family laws vary from jurisdiction to jurisdiction, you need an attorney well-versed in the nuances of law between Washington, DC, Maryland, and Virginia. Mr. Bernstein is licensed and experienced in all three jurisdictions and has a lengthy record of obtaining successful outcomes for clients in Washington, DC. Mr. Bernstein frequently appears in DC courts, including the Family Court division of the Superior Court of the District of Columbia. Mr. Bernstein is an active member of the Washington, DC, family law bar and has been selected as a Washington, DC, Super Lawyers Rising Star. This distinction is given to no more than 2. 5% of attorneys within a given jurisdiction, highlighting Mr. Bernstein’s excellence in the practice of family law in Washington, DC, and dedication to client service. Mr. Bernstein handles all aspects of family law for clients in Washington, DC, including: Divorce: Representing parties in both contested and uncontested divorce proceedings, including proving to the DC family court that spouses lived separately without cohabitating for either six months or one year (depending on the facts of the case) Alimony: Making strong arguments for and against awards of alimony, including alimony modifications, if necessary Child custody: Working with parents and children to devise ideal child custody arrangements that are in the best interest of the children Child support: Calculating child support, enforcing child support orders, and modifying child support orders, if necessary Visitation: Working with parents to establish parenting plans that work for both parents and children Prenuptial agreements: Counseling clients to determine the need for a prenuptial agreement and negotiating with the other party to obtain the most favorable terms possible Property distribution: Identifying separate and marital property, valuing martial property, and proposing equitable distribution schemes Divorce mediation: Working with divorcing couples to find amicable solutions to some of their most difficult issues. Family law mediation: Resolving disputes in some of the thorniest family law matters, including alimony, child custody, and property distribution While Mr. Bernstein is a fierce advocate for his clients in adversarial proceedings, he also devotes a significant amount of his practice to various forms of family law mediation, including divorce mediation. His qualifications in mediation are extensive, having completed a 40-hour divorce mediation training, 20-hour custody and child access mediation training, and 20-hour property and financial issues mediation training. Mediation is not necessarily the solution for all problems, however; if the parties are not good candidates for mediation or if the mediation process breaks down, Mr. Bernstein is equally as comfortable litigating cases to trial, if necessary. With an office centrally located in downtown Bethesda, the Law Offices of Brandon Bernstein are easily accessible for Washington, DC, clients. If you are experiencing a family law issue in Washington, DC,... - Published: 2012-01-10 - Modified: 2024-09-24 - URL: https://www.brandonbernsteinlaw.com/locations/montgomery-county/ Montgomery County Lawyers - Law Firms in Bethesda, MD If you're looking for locally based law firms in Montgomery County, then you've come to the right place with The Law Offices of Brandon Bernstein, LLC. There are many Montgomery County lawyers out there today, which can be daunting for prospective clients when it comes to choosing somebody to work with. Ultimately, when you work with us, you can rest easy that you made a sound decision and chose Montgomery County attorneys who will be there for your every need. We offer personal attention and custom solutions, our complete dedication and commitment, and real results. As experienced and reputable Montgomery county attorneys, we work with clients across the entire county. This includes: Bethesda Burtonsville Damascus Gaithersburg Germantown Kensington Olney North Potomac Potomac Rockville Silver Spring Wheaton With offices in Bethesda, we're conveniently located and easily accessible, and will be happy to serve you as your new Montgomery County attorneys. Contact us today to schedule a free consultation and we're sure that you'll be satisfied to choose us amongst the available ranks of Montgomery County lawyers in Rockville, MD, Bethesda and throughout the rest of the county. - Published: 2012-01-10 - Modified: 2024-10-22 - URL: https://www.brandonbernsteinlaw.com/locations/ Local Family Law Attorneys The Law Offices of Brandon Bernstein, LLC, is an experienced local family law attorney based in Montgomery County. With offices in Bethesda, we work as divorce and family lawyers in Maryland, and help our clients with a range of additional services. We proudly serve Montgomery County clients in: Bethesda Gaithersburg Germantown Potomac Rockville Silver Spring and more, while also working with clients throughout the rest of the state, including: Anne Arundel County Baltimore City & County Carroll County Frederick County Prince George's County Our Maryland location is ideal for a Washington D. C. attorney as well, and Brandon Bernstein is licensed in both Maryland and the District of Columbia. The Law Offices of Brandon Bernstein, LLC, may not be one of the biggest law firms in Maryland, or one of the biggest law firms in Washington D. C. However, we can promise you the kind of dedication, one-on-one assistance and personalized support that can make all of the difference. Mr. Bernstein has been named to the Super Lawyers Rising Stars in Maryland list for 2014 -20 and as Super Lawyer since 2021. Combined with our integrity, commitment to excellence and affordability, it's a winning combination no matter what you're looking for in law firms in Maryland or Washington D. C. Free Consultation from Divorce Lawyers in Maryland and Washington D. C. There are many reasons why you may be seeking a family attorney free consultation. The list includes potential or pending divorce, child support and alimony, adoption or paternity issues, and more. Regardless of your personal circumstances, we'll be there to help, and we'll do everything in our power to protect your own interests. There's no time to waste. The sooner you act, the sooner we can help. If you've been searching for divorce lawyers in Maryland or Washington D. C. , then let the Law Offices of Brandon Bernstein, LLC, take up your cause. Contact us today to schedule a free consultation and let us tell you more about how we can help resolve your legal situation. - Published: 2012-01-10 - Modified: 2024-10-22 - URL: https://www.brandonbernsteinlaw.com/privacy-policy/ Disclaimer & Privacy Policy The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. 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Your use of this website and any dispute arising out of such use of the website is subject to the laws of your geographic region. ## Posts - Published: 2026-10-30 - Modified: 2026-11-03 - URL: https://www.brandonbernsteinlaw.com/common-pitfalls-in-family-law-mediation/ While people most often think of divorce when the subject of mediation arises, mediation can also be used for child custody, child support, and property distribution. Simply put, mediation is a type of alternative dispute resolution. It is not meant to be an adversarial process and generally works best for people who are on good terms with each other. In terms of process, a neutral third party is selected to help the parties mediate their differences. While the mediator does not need to be an attorney, the process often works better when a family law attorney serves as the mediator. The Mediation Process in Maryland The mediation process in Maryland is generally flexible, but typically follows the following structure if you have already filed for divorce: After a scheduling conference with the court, the court will order mediation The parties select a mediator, or the parties are referred to a mediator by the court At the first session, the mediator explains the process and the objectives to the parties The parties meet with the mediator separately or together If the parties reach an agreement, the settlement agreement is drafted If the parties are unable to reach agreement, the matter continues on to trial You can opt for mediation before you file for divorce in a Maryland court. A private mediator in this scenario is engaged directly between the parties. Although the mediator does not need to be on a court-approved list, many mediators who offer their services are on one. Private mediation is a good option for couples who are either in the early stages of separation or want to solve their issues before filing for divorce. Private mediation is also a good alternative for people who want to have more control over the process and/or have a specific dispute they want to address outside of court. If a settlement is reached in a private mediation, it is still necessary for the parties to obtain a court order approving the settlement agreement. But private mediation does change the timeline significantly and convert the matter from a contested to an uncontested divorce, important considerations for many people. Your Bethesda divorce mediation lawyer can advise whether this makes sense in your situation. Types of Mediation in Maryland Maryland offers four types of mediation: analytical, facilitative, inclusive, and transformative. Analytical mediation has as a principle belief that mediators can assess the respective strengths and weaknesses of the parties through their expertise in conflict resolution. The mediator essentially controls the process and offers options for resolving the conflict. Analytical mediation focuses on settlement. Facilitative mediation is based on the principle that, with expert help, people can work through their own issues. While the facilitator takes an active role, they guide the parties by asking questions and exploring solutions. Inclusive mediation follows a co-mediation strategy, meaning two mediators are involved. They listen for the parties’ values and feelings, and the principle in inclusive mediation is that with support and guidance through problem-solving, the parties will develop a solution that meets their needs. Transformative mediation is based on the principle that conflict makes parties self-absorbed and weak, and that it is essential to change the nature of the conflict. The mediator does this through helping them appreciate each other’s viewpoints and strengthening their ability to handle conflict productively. Why Should You Try Meditation? There are several reasons to try mediation if you are at an impasse in your divorce regarding alimony, child support, child custody, property division, and other issues. It is a voluntary process that can help you resolve these issues more quickly... - Published: 2026-09-30 - Modified: 2026-10-13 - URL: https://www.brandonbernsteinlaw.com/preparing-for-your-maryland-child-custody-hearing/ Divorce and child custody issues are, in most cases, emotionally draining on the entire family. If you have a child custody hearing soon, it’s important to know what to expect and how to conduct yourself. Being prepared will help you feel confident and present yourself in the best possible light. Below, our Bethesda child custody lawyer discusses how to prepare. During your first meeting, your lawyer should review the specific details of your case, along with relevant documentation, evidence, and witness testimony. The lawyer should also provide an overview of Maryland laws and regulations relevant to child custody proceedings. The attorney will provide more details, but here is a brief overview of what you need to know: Opening a Child Custody Case - You can open a child custody case as part of a divorce proceeding or annulment, or as a separate matter. Opening a case involves completing standard forms and filing them with a Maryland circuit court where you or the other parent lives. You must serve the other party, either by certified mail or hand delivery. Track Assignment - Each case is assigned a track based on its complexity. More complicated cases are assigned higher track numbers. Usually, case managers suggest a track, but you may request a specific track. Emergency Hearing, If Necessary - In some cases, an emergency hearing may be necessary if your child’s safety and well-being are at risk. The quickest way to get temporary emergency custody is to apply for a protective order for yourself if you’re a domestic violence victim, or on behalf of your child. Otherwise, you can file for emergency relief, though this route takes longer because you must schedule a hearing. Scheduling Conference - Within 60 days of filing your paperwork, the court will hold a scheduling conference. The court will confirm your track and map out how your case will proceed. You’ll receive information about parenting plans so you and the child's other parent can work on one together. A parenting plan is required for all minor children and must be comprehensive, detailing both legal and physical custody arrangements. Hearing Phase - During the hearing phase of your custody case, you’ll appear before a judge who understands the complexities of family law and child custody issues. Both parties will have the opportunity to outline their positions and explain why their proposed arrangement serves the child’s best interests. Maryland courts focus heavily on the child’s best interests, so explain how you can provide stability, support your child’s relationships, and meet his or her physical and emotional needs. Maryland courts emphasize cooperative custody arrangements, so keep this in mind as you develop your position. Evidence Phase - During the evidence phase, you and your child’s other parent will present evidence supporting your custody request. This may include employment records, witness statements, housing information, financial information, and proof of your involvement in your child’s education and healthcare decisions. The judge may ask you to address your day-to-day involvement with your child, as well as your philosophy regarding child care. The court might ask to hear from witnesses who can attest to your ability as a caregiver, including family members, friends, teachers, and neighbors. Expert Testimony and Professional Evaluations - In some cases, the court may seek expert testimony and professional evaluations. The court may also appoint a guardian ad litem to represent your child’s interests during this period of time. These professionals can evaluate family dynamics, respective parenting abilities, and the child’s physical and emotional needs. In most cases, the court gives weight to professionals' recommendations. Maryland’s “Best Interest... - Published: 2026-08-31 - Modified: 2026-09-23 - URL: https://www.brandonbernsteinlaw.com/common-myths-about-family-law/ Family law comprises a variety of separate legal matters concerning family and domestic relations. Divorce, alimony, child support, and child custody are among the subjects a family lawyer deals with. People have preconceived ideas about many things, and family law is no exception. The following are some myths many people hold about family law issues. Myth #1 - You Can Legally Stop A Divorce From Happening If you’re in a marriage that you want to stay in, and your spouse has decided to seek a divorce, is it possible to stop the divorce from happening? While you can make the divorce difficult, in most cases you cannot stop it. This is because Maryland is a “no-fault’ divorce state, meaning that either spouse can end the divorce without proving fault on the part of the other party. In a no-fault state, the court does not need evidence of adultery, cruelty, abandonment, or other behavior. All they need is for one spouse to say they want out. But even if you can’t stop the divorce, you can protect your rights and your property by hiring an experienced Bethesda family lawyer.   Myth #2 - Divorce Always Involves A Lengthy Trial More often than not, a divorce in Maryland does not involve a lengthy trial. In fact, recent changes to divorce law in Maryland have made it considerably easier to divorce. There are three grounds for absolute divorce in Maryland.   Mutual consent, the quickest ground, requires no waiting period, making it close to an immediate divorce. Both spouses must sign a written agreement that resolves all pertinent family law issues and, if children are involved, the court must sign off on issues involving the children. Six-month separation requires the spouses to live apart for six months before filing for divorce. It’s possible to meet this requirement even if living in the same house so long as you pursue separate lives. Irreconcilable differences apply when fundamental problems make it impossible to live together any longer. Under this ground, the court will evaluate your incompatibility and determine that there is no reasonable possibility of reconciliation. Under these three grounds for divorce, parties no longer need to provide evidence of their spouse's bad behavior, which often resulted in lengthy trials in the past. Myth #3 - Mothers Usually Get Child Custody Many people are under the misconception that the law favors mothers in child custody disputes, but this is not the case. Under Maryland law, both parents are deemed equally capable of serving as the custodial parent. Maryland courts consider what is best for the child rather than the parent's gender. This “best interest of the child” standard takes into account a variety of factors, including the following: Which parent has been the primary caregiver in the home; The mental and physical fitness of each parent; The quality of each parent’s relationship with the child; Each parent’s ability to provide stability; The child’s preference if the child is mature enough to offer an opinion. Fathers who have been actively involved in their child's home life and can demonstrate they will support the child’s bond with the mother are in a strong position to pursue primary custody. Myth #4 - Child Custody Arrangements Are Permanent You may be deeply disappointed if you wanted child custody, but your spouse was awarded it. But it’s important to be aware that custody determinations can be modified. As children grow and circumstances change, it’s very possible that the best interests of the child will also change. If this happens, either parent can petition for a change in the... - Published: 2026-07-31 - Modified: 2026-09-23 - URL: https://www.brandonbernsteinlaw.com/9-things-you-should-not-do-when-you-divorce/ So, your marriage is coming to an end, and you’re filing for divorce. Divorce is a legal process that formally terminates a marriage, which is a civil contract. A divorce typically requires resolving issues related to property distribution, child custody, child support, and alimony. In Maryland, the grounds for divorce are: A six-month separation Irreconcilable differences, or Mutual consent For a six-month separation, the parties must show that they have led separate lives for six months. This does not preclude the parties from living in the same household if they are leading separate lives. Irreconcilable differences is a term that means the parties are facing significant issues and conflicts that cannot be resolved and have led to the breakdown of their marriage. Mutual consent means that the parties have a written agreement addressing all essential issues, such as alimony, child support, child visitation, and property division. Note that the court must be satisfied that the terms of this agreement are in the best interest of any minor children. 9 Things Not To Do When You Divorce Going through a divorce is an emotional process, and it’s possible you might be more distracted and/or less focused than normal. It’s important, therefore, to pay close attention to your actions during this period to protect your emotional and physical health and to protect your financial and legal situation. Following are some tips that can help you: 1. Don’t put your minor children in the middle. It’s best not to discuss specifics of the divorce proceeding with minor children. This will be an emotional and perhaps even traumatic time for them, and it’s best to try to be calm and matter-of-fact. If possible, it’s best for divorcing parents to talk to their children about the divorce together, to assure them that they are not the cause of the divorce and that while things may change somewhat, everything will be alright. Additionally, don’t speak badly about your spouse to your children. The relationship you have with your spouse is not the same as the relationship your children have with your spouse. Respect the relationship they have with each other. Talking badly about, and criticizing your spouse in front of the children, can be emotionally destructive. 2. Don’t drain marital assets. If you have marital accounts and other joint financial assets, don’t move the funds to a new account or waste the assets. Similarly, don’t move jointly-owned furniture from the house you live in with your current spouse. Some of these types of actions are illegal. And even if they’re not, a judge will look unfavorably on these actions. It’s best to maintain the status quo until a court order dealing with marital assets is issued. 3. Use social media sparingly, if at all. Sometimes divorcing spouses are in so much pain that they want to share their feelings on social media. However, in most cases this is unwise. Remember that anything you post can be used against you, and that your spouse’s attorney might be carefully reviewing your posts to find ammunition to reduce your spousal support or to support a legal request for child custody. For example, photos of expensive vacations you’re taking with a new boyfriend, or photos of high-value purchases can play into your divorce negotiations in unexpected ways. 4. Don’t tape conversations with your spouse without his or her consent. In Maryland, the law requires two-party consent to recording conversations. In fact, Maryland requires all-party consent for both in-person and telephone conversations. If you record your spouse or others without their consent, you won’t be able to use anything... - Published: 2026-06-30 - Modified: 2026-08-12 - URL: https://www.brandonbernsteinlaw.com/family-law-considerations-for-summer-weddings/ It’s wedding season! Statistics show that about 30% of U. S. weddings happen in the summertime. While it’s natural for the couple to focus on happy things such as guest lists, catering, and honeymoon plans, many things change from a legal perspective when you marry. If you’re planning to marry this summer, here are some important family law considerations before you say “I do. ” Prenuptial Agreement More and more young couples are considering entering into prenuptial agreements, often called “prenups”. Unlike in years past, when prenups were considered to be primarily for a wealthy fiancé or fianceé who wanted to protect his or her assets, today’s thinking about prenups is that they can address any number of different concerns and circumstances. For example, your prenuptial agreement can address the following issues: Family Finances - A prenup can create a framework around your agreed-upon family budget, projected savings, debt issues, and general family spending Estate Planning - Sometimes, a prenup is desired or necessary to allow the respective individuals’ estate plans to work as intended Separate Property Identification - A prenup can be used to make clear what separate property is brought into the marriage Property Ownership - The parties can agree in a prenup that certain assets will be treated as marital assets or separate assets Dispute Resolution - Prenuptial agreements can also be used to identify how disputes between the couple will be resolved in the future Many other miscellaneous issues can be included in a prenup such as division of housework, child-raising philosophy, and religious observances of the couple. It’s important to be aware that, in Maryland, many provisions will be held invalid if they are included in a prenup, such as alimony waivers and child custody. Because of this, it’s important to consult with a Bethesda family law attorney if you decide to draft a prenuptial agreement. Essential Document Updates Your will may require immediate revision to reflect your new marital situation and your desired distribution of assets. Maryland does provide automatic inheritance rights to surviving spouses even if you die intestate, but it’s preferable to have a properly executed last will and testament. In a marriage with no children, the spouse takes all of the assets. Where there are minor children, the spouse splits 50% of the assets with the children. If there are no minor children but there are adult children, the spouse receives the first $40,000 plus one-half of the rest of the estate. In addition, it’s important to update your advance directives. These typically include your living will, advance healthcare directive, and financial powers of attorney. If your fiancé is not already appointed in these documents, now is the time to do so to ensure that your preferences are honored during medical or other emergencies. Beneficiary Updates Your life insurance policies should be reviewed to ensure that the appropriate person or persons are named as beneficiaries. In many cases, a fiancé will want to name their marital partner. It’s important to ensure financial protection during this time as a new family unit. Retirement accounts, including 401(k) plans, IRAs, and pension benefits, need beneficiary designation updates to reflect your new marital status. It’s important to be aware that, under Federal law, spousal consent is necessary if you want to name someone other than your spouse as beneficiary on certain retirement accounts, making these updates both legally necessary and practically important. Name Change and Legal Documentation If you’re changing your name, you need to consider all legal documents that may be affected, such as passports, drivers’ licenses, medical cards, Social Security cards,... - Published: 2026-05-29 - Modified: 2026-07-13 - URL: https://www.brandonbernsteinlaw.com/the-role-of-social-media-in-family-law/ The impact of social media on our lives in this age of digital communication is undeniable. Family law issues, including divorce, alimony, child custody, property distribution, and other issues involved in the realm of family law, can be dramatically affected - both positively and negatively - by social media. If you are in the midst of a family law dispute or negotiation and share information online, it can shape how others view you, including adversarial lawyers, family members, and the court. Family law issues that can arise within a family include the following: Divorce is the process of terminating all legal ties with your spouse, and in Maryland, it can be based on irreconcilable differences, mutual consent, or a separation lasting at least 6 months. Alimony, simply defined, refers to a spouse’s obligation to pay, or right to receive, money. In Maryland, there is no specific formula for determining whether a spouse should receive alimony. Rather, Maryland Family Law Courts evaluate a number of factors, including the party seeking support's ability to be self-supporting; the time necessary for the party seeking support to obtain sufficient education or training to become self-supporting; the duration of the marriage; the ages of each party; and other circumstances. Child Custody refers to which parent will have legal and physical custody of the children. Legal custody generally refers to decision-making authority, and physical custody is often referred to as parenting time. When deciding child custody, Maryland Family Law Courts consider a number of factors known as the “best interest factors” to make a custody decision in the child's best interests. These include factors such as the child's health and welfare; the child’s relationship with each parent and any siblings; the child’s developmental needs; the child’s day-to-day needs; and the location of each parent’s home relative to the child’s school and activities. Child Support is generally based on Maryland’s Child Support Guidelines. However, these Guidelines do not apply in all cases, such as high-asset divorces. Generally, parents must pay child support until the child's 18th birthday, or until the child’s 19th birthday if the child is still enrolled in high school. Generally, the parent who has primary physical custody of the child will receive child support from the other parent. Factors considered include each parent’s income, the number of children, the costs of childcare and medical insurance, alimony received and paid, and other expenses. Property Distribution is the process of dividing spouses’ marital property. Maryland law does not require a 50-50 split; rather, it follows the principle of equitable distribution. What is deemed equitable depends on the circumstances involved. Marital assets subject to property division include real estate, vehicles, furniture, appliances, electronics, bank and investment accounts, retirement accounts, pensions, and other assets. Understanding How Social Media Influences Family Law Cases Social media platforms such as Facebook, Instagram, X, and others serve as public forums where people often share details of their lives. In the context of family law issues, these forums can be scrutinized and used as evidence at trial. These social media posts also play a role in the so-called “court of public opinion” as friends, colleagues, and family members take sides. It’s important, therefore, to be aware of and understand the often fine line between public disclosure and privacy concerns.   Posts, photos, and comments may be used to evaluate your character, lifestyle, and values. Thus, it’s crucial to consider how these postings may affect your credibility and reputation during a family law proceeding. Here are some basic considerations for using social media during a period when family law issues are being... - Published: 2026-04-30 - Modified: 2026-05-07 - URL: https://www.brandonbernsteinlaw.com/five-tips-for-divorced-parents-when-setting-up-summer-vacation-schedules/ The end of school is a few short weeks away in most places around the U. S. If you're a divorced parent of minor children, that means it’s time to set up summer visitation schedules. A summer visitation schedule outlines how co-parents distribute parenting time when their children are out of school. Setting up a summer visitation parenting schedule that works for your entire family requires foresight and cooperation. If you don’t know where to start, it makes sense first to take a look at the Parenting Plan that you and your spouse developed and signed when you were negotiating child custody issues during your divorce. Maryland requires a Parenting Plan if minor children are involved in a divorce. A Parenting Plan is a written document that outlines how the divorced parents of minor children will raise them. Specifically, a Parenting Plan includes how physical and legal custody will be managed. It can include issues such as who will provide health insurance, who will pay for uncovered expenses, who will provide transportation to and from school and other activities, which third parties may visit and communicate with the children, what happens if one parent must relocate, and how future conflicts will be resolved. Parenting Plans are important because they set expectations within the family for how these issues will be handled. Many Parenting Plans include parameters regarding summer and other vacations. If you and your ex-spouse agreed to certain terms regarding vacations and summer schedules, they will be included in your Parenting Plan. Five Tips For Summer Vacation Schedules  If you don’t have a schedule in your Parenting Plan, here are some tips to make the planning easier. First, start planning early. Choose a holiday or vacation schedule that suits the child’s and the parents’ needs. There are a number of options - split the day, alternate holidays, or divide traditions. Once you have made a decision, put all the details in writing so there won’t be any misunderstandings. Pickup and drop-off times, transportation details, and other specialized considerations, such as dietary and religious needs, should be documented. Even though you’ve come to a decision, it’s important to recognize the need for flexibility if something out of the ordinary arises. When parents live far away from each other, additional considerations arise. These situations might necessitate less frequent but longer visitations. Second, keep your child’s needs paramount as you plan. Children shouldn’t have to suffer because their parents chose to end the marriage. Holidays and summer vacations are for kids, so try to preserve moments of continuity and comfort. Your children will adjust better if you and your ex-spouse communicate and work together rather than against each other. Give your spouse a break if they need to make minor changes to the agreed-upon schedule for legitimate reasons, such as work. But remember that successful visitation includes the right balance of fun and structure. Younger children might need more structure, while older children may crave more independence. And ensure that the visitation schedule accounts for activities such as sports and day camps that align with your child’s interests. Third, help your kids get excited about summer vacation or holiday time with their other parent. Even if you’re feeling acrimonious about the divorce, your kids are more likely to thrive if you can stay above the fray. Here are some creative examples: Buy your child a photo album to make a memory book of their time with the other parent. Give your child a journal and encourage him or her to write about summer events and memories. Go to a craft... - Published: 2026-03-31 - Modified: 2026-04-28 - URL: https://www.brandonbernsteinlaw.com/digital-developments-in-divorce-law/ Separation and divorce in the digital world are increasingly distinct from those in the pre-digital world. Technology impacts all aspects of it, from sometimes causing breakups to affecting how evidence is gathered and how the divorce proceeding moves forward. Long before a couple decides to separate or divorce, the digital world has likely affected their relationship. Technology can put strain on a relationship and, in the absence of good communication skills between the couple, can tear it asunder. Technology also makes it easier to start and hide physical and emotional affairs. Privacy and trust issues are also more prevalent in the online world. With whom should you share passwords or allow access to your messages and emails? Differences of opinion among spouses can create real problems in the marriage. Read on to learn more about the many ways in which the digital world is impacting divorce law. Filing For Divorce Online Divorce can be complex from a legal and procedural standpoint, particularly if the couple has children and/or significant assets. Here at The Law Offices of Brandon Bernstein, LLC, we suggest that you hire a Bethesda divorce attorney to help you through the process. Sure, you could manage your divorce by yourself, and you could file the forms online. However, we do not recommend doing so. While there is a wealth of helpful resources to lead you through the process, it is always best to work with an attorney who knows and understands the intricacies of the law, particularly as it pertains to child support, child custody, and spousal support. Electronic Discovery For Evidence Gathering Discovery is a phase in a divorce proceeding during which the parties seek information and documents not readily known or obtainable to develop the legal theory of their case. Electronic discovery is now the rule rather than the exception for gathering evidence. Divorce attorneys subpoena emails, texts, and other social media to try to uncover what divorcing spouses were up to during their marriage. Make no mistake - social media can play a large part in determining alimony and child support. For example, a divorcing spouse may claim that he lacks the funds to pay a high level of alimony. But social media posts showing him with his new Mercedes SUV will belie that statement. Similarly, in the area of child custody, a parent may claim that she is best suited to be the custodial parent, but Instagram posts showing extensive travel without her children will prompt the court to pause. Social media is a treasure trove of evidence of infidelity, and can be used as evidence in trials. And social media isn’t the only Achilles heel for many divorcing spouses. Texts, emails, and even internet history can be used as evidence, depending on the facts that the opposing attorney is trying to prove. This information is generally not considered private and can be accessed by computer-savvy family law investigators. Digital Assets In Divorce Cases How are digital assets handled in divorce cases? Digital assets are resources or property that exist in digital form, including cryptocurrencies, intellectual property, online businesses, and even social media accounts. Increasingly, couples have joint assets of cryptocurrency, intellectual property, and online accounts. While Maryland has clear laws and guidelines for property distribution, digital assets can cause confusion and concern for divorcing spouses. The question of ownership, valuation, and distribution can become complex. In Maryland, property acquired during the marriage is considered to be marital property and subject to the state’s equitable distribution principles. One of the most common digital assets is cryptocurrency. A major issue here is valuation,... - Published: 2026-02-27 - Modified: 2026-02-23 - URL: https://www.brandonbernsteinlaw.com/what-should-a-robust-divorce-mediation-settlement-include/ If you’ve made the decision to divorce and you and your spouse are generally in agreement about the overall structure of your divorce, divorce mediation may be the appropriate vehicle to help you get to an agreement without the cost and emotion of a trial.   In Maryland, divorce mediation is an alternative dispute resolution process favored by the courts. A divorce mediator is often, but need not be, a divorce attorney who understands the legal process involved in family law. A divorce mediator does not represent either side but acts as a neutral third party who objectively helps the parties negotiate their positions so that a fair and equitable result can be achieved. An effective Bethesda divorce mediation attorney is able and qualified to engage in the following: Help the parties structure the discussions Identify the particular factual issues that must be resolved and included in the divorce mediation settlement Explain the legal issues involved Identify each party’s concerns Find areas of mutual agreement Seek concessions in areas of disagreement It’s important to note that a divorce mediator is not working for either party but rather seeking to reach a consensus. For divorcing couples who are in a contentious situation, a divorce mediator may not be the right solution. Critical Issues to Include in a Settlement Agreement If you do opt for divorce mediation, below are the critical elements that should be included in your divorce mediation settlement agreement. Child Custody - If you have minor children, child custody arrangements are a keystone of your divorce mediation settlement agreement. In Maryland, there are two types of custody: legal custody and physical custody. Legal custody means the right to care for and make major decisions concerning the child's care. The parent with custody is empowered to make decisions about a child’s religious upbringing, schooling, healthcare, and similar important decisions. Physical custody encompasses where the child lives and how much time the child will spend with each parent. Custody can be shared. Child Support - Another crucial provision of your divorce mediation settlement agreement is child support. Both parents have a legal duty to support their children, even if they are no longer married. Child support is financial support paid by the non-custodial parent to the custodial parent. Maryland’s Child Support Guidelines are used to establish the amount of child support required. Spousal Support - Spousal support, also known as alimony, is not always required in Maryland. Factors the court would evaluate include the length of the marriage and the parties' standard of living during the marriage. If you and your spouse would like to agree to some level of spousal support, it’s critical to include the amount and conditions on spousal support in the divorce mediation settlement agreement. Property Division - If you and your spouse own real estate, cars, jewelry, antique rugs, and other assets, the agreed-upon property divisions should be included in the divorce settlement agreement. There’s a great deal of flexibility in working with the divorce mediator to divide your joint property. You might each take ownership of certain property. Or you may decide to sell certain property and split the proceeds. It may be necessary to set deadlines for certain things. For example, if you’re going to be selling your jointly-owned home, you may want to set a deadline and provide a contingency if the house does not sell by that date. Financial Settlements - It’s rare for a divorcing couple not to have some joint finances. You’ll need to inventory your checking accounts, savings accounts, pensions, stock accounts, and retirement accounts, and figure... - Published: 2026-01-30 - Modified: 2026-02-08 - URL: https://www.brandonbernsteinlaw.com/your-spouse-wants-a-divorce-what-should-you-do-next/ You shouldn’t be surprised. You’ve led pretty much separate lives for the past year or more. You don’t do the things that you used to enjoy doing as a couple - having a weekend date night, making dinner together, planning fun weekend getaways. There are arguments over little things, and there's a lot of tension in the household. Finally, your spouse addresses the elephant in the room and asks for a divorce. So now what? If you don’t want a divorce, there are some steps you should take right away. Perhaps the most important first step is to stay calm and listen to your partner’s explanation of why he or she wants a divorce. If you think there’s room for a rapprochement, you might consider couples therapy. But if you agree that divorce is the best resolution for both of you, it’s important to know that, as of 2023, spouses in Maryland can file for divorce based on any of the following: Irreconcilable differences Mutual consent, or Separation lasting at least six months The elimination of Maryland’s former fault-based grounds for divorce opens up the option of getting divorced to all spouses who wish to bring their marriage to an end. Before this change, a spouse seeking divorce had to prove adultery or other forms of marital fault that often proved challenging. But now establishing “irreconcilable differences” is not difficult. If you have different values, different goals, or different communication styles, these can all be considered irreconcilable differences. If you are ready to get divorced, a Bethesda divorce attorney at our firm can help you start the process today. Moving Forward With Your Divorce If you want to move forward with a divorce, here are the first steps to take. Contact a Divorce Attorney - Finding the right divorce attorney is critical. Important considerations are relevant experience, accuracy, honesty, and litigation success. You should interview potential attorneys to ensure that they meet your requirements. Relevant experience means that you should seek out a lawyer with substantial experience in family law and divorce. Accuracy and honesty are attributes that you should seek out in any professional that you hire to assist you, and this is equally important as you seek out an attorney to handle your divorce. You want your lawyer to impartially and objectively evaluate your situation, and not make any guarantees about the outcome of your case. A lawyer’s litigation success is also important to evaluate when choosing a divorce attorney. Litigation is always a possibility in a contentious divorce, and you want to know that your lawyer has a strong track record in this area. Protect Yourself - If you are concerned about spousal abuse or domestic violence, your safety and the safety of your children are of utmost importance, and you need to develop an exit strategy. If necessary, your lawyer can help you obtain a Protective Order, which is Maryland’s version of a restraining order. You must have a certain type of relationship to get a Protective Order, but being married, divorced, or currently separated qualifies for obtaining a Protective Order. Start Gathering Paperwork - When spouses divorce, in most cases, they will need to produce a large amount of paperwork. This primarily includes financial paperwork regarding your income, expenses, taxes, assets, and liabilities, and any other types of documents that your lawyer requests. Your spouse will have to do the same in order for the court to have a clear picture of the financial profile of you as a couple and each of you individually. It’s important to be forthcoming and honest with... - Published: 2025-12-31 - Modified: 2026-02-08 - URL: https://www.brandonbernsteinlaw.com/preparing-for-your-family-law-court-proceeding/ If you are in the midst of family law proceedings, whether it’s a divorce, alimony, child support, or property distribution matter, it’s likely you will need to go to court. Court appearances cause serious anxiety for many people. Being prepared is the most important step that you can take, and it will likely have an impact on the result. Read on to learn more from a Bethesda family lawyer about how you can best prepare yourself for your family law court proceeding. Meet With Your Attorney To Understand The Proceeding  It is important to have a comprehensive meeting with your attorney to understand the nature and type of court proceeding. The proceeding could be a pre-trial hearing, which happens before the actual hearing. In this type of proceeding, the parties explain their respective cases to the judge and resolve procedural issues. Pretrial hearings in family law cases also serve to encourage settlement of the matters in issue before the parties actually go to court. A temporary hearing addresses important family law issues that cannot wait for resolution until the trial is held. These issues may include temporary child custody and temporary spousal support. A status hearing is a court proceeding that allows the judge to check the progress of a case. These hearings are common in family law to ensure cases move forward and address any issues that may arise along the way. A status hearing can be beneficial as it provides a structured timeline for your case and ensures that both parties are adhering to court orders. It’s an opportunity for you to express any concerns or issues that have emerged since the last hearing and to request further court intervention if necessary. At a motion hearing, the court issues a specific ruling on a party's motion. These motion hearings play an important role in resolving procedural or substantive issues before trial. Motions filed by a party can cover such things as modification of a temporary custody order or orders related to temporary spousal or child support payments. Whatever type of proceeding you will be involved in, it is important to talk with your attorney to understand what will be discussed at the proceeding and what is important for you to know. Gather All Pertinent Documents When the court makes decisions about your family law matter, these decisions will be based on a variety of documents. For example, in matters of how much alimony or child support will be paid, the judge will consider income, expenses, and other financial evidence. In determining fitness to be a custodial parent, documents such as character references, educational records, medical records, and other records evidencing stability in the home and parental involvement will be required. Gathering all pertinent documents that will potentially be of interest to the court is an important first step in preparing for your family law court proceeding. Understand Courtroom Etiquette Believe it or not, your dress and demeanor will go a long way toward influencing the court, either positively or negatively. It is important to understand courtroom etiquette before you set foot into the courtroom. Courtrooms should be venues of decorum and respect. First, it is important to dress appropriately. Conservative clothing is generally the safest bet. Men should wear a suit, dress slacks, and a dress shirt. Women should wear a conservative dress, business suit, or dress pants and a dress shirt. T-shirts, jeans, and flip flops are not good choices. Whether it’s fair or not, the way you dress will likely have an impact on the judge’s opinion about you, your values, and your fitness... - Published: 2025-11-28 - Modified: 2026-02-08 - URL: https://www.brandonbernsteinlaw.com/navigating-family-issues-during-the-holidays/ Holidays are stressful at the best of times. But if you’re separated or divorced and trying to navigate how to celebrate Christmas or Hanukkah with minor children, things can get extremely unpleasant, complex, and/or emotional. If you have divorced or are divorcing and have minor children, the Maryland courts require that you have a parenting plan to deal with child custody issues. A parenting plan is a written document that outlines the legal and physical custody issues for the child. Legal custody involves decision-making authority in areas such as education, health, religion, welfare, and other important matters. Physical custody refers to where children will live and the percentage of time they will spend there. Some parents have a visitation schedule in their parenting plan that addresses holidays as part of their child custody agreement, but not all do. But since holidays are an integral and important part of family life, an experienced Bethesda family law attorney will usually recommend that the issue be addressed in writing in the plan if at all possible. Some arrangements are as follows: Alternating holidays - Parents take turns celebrating holidays with their children. As an example, one parent may have the children for Thanksgiving, and the other will have them for Christmas. Splitting the holiday - For parents who live in close proximity to each other, splitting the holiday can be a good option. The kids spend Christmas morning with one parent, for example, and the afternoon with the other parent. Celebrating together - If you and your spouse have a good relationship, celebrating the holidays together as a family provides a sense of continuity and community for the children. This option requires close cooperation and communication between the parents. Create new traditions - You could also create new traditions after divorce. This could mean choosing a totally different day to celebrate a holiday, or celebrating with new traditions, such as taking a trip away from home or doing meaningful community volunteering. New Year’s Eve could be an opportune time to volunteer at a soup kitchen, for example. If you have holidays included in your parenting plan, try to stick to the agreement. If you don’t, try to get holiday planning done in advance. This might require some readjustment of expectations and an extra dose of flexibility. And make sure you set expectations by letting your child know about changes to the standard visitation schedule or the way you normally do things. Here are some other suggestions to help you navigate family issues during the holidays and reduce the stress for divorced families: Keep Your Child’s Best Interests in Mind As you were going through your divorce and working through child support and child custody issues, we feel sure that your lawyer or judge often used the phrase "the best interests of the child. ” What’s in the best interests of the child is the keystone from which judges make decisions about a child’s physical and legal custody. So why not apply that mantra here? Holidays are, in many places and in many cultures, primarily for kids. Don’t let anger and spats between you and your ex-spouse get in the way of your child’s enjoyment of the holidays. Young children often lack a framework to understand hostility between their parents, and can internalize it with anxiety and confusion. Older children often simply just hunger for peace during the holiday, and are not asked to take sides. So do your best to keep your child’s best interests in mind as you navigate the holiday time. Coordinate Gifts Gift giving can be tricky during... - Published: 2025-10-31 - Modified: 2025-11-05 - URL: https://www.brandonbernsteinlaw.com/how-to-achieve-the-best-outcome-for-your-family-after-a-divorce/ When families break up, it’s hard for everyone. Relationships are ruptured and routines are disrupted. Everyone has to find their new normal, which can be difficult and even traumatic for some family members. Regardless of how mom and dad feel about each other, it is still critical to work toward addressing these challenges in the most effective way possible. So, what’s the best way to do that? Family therapists say that the time it takes for a family to adjust to a divorce can vary widely based on several factors, including the family’s dynamics, the age and temperament of the children, the level of conflict between parents, and the support systems available, such as grandparents, neighbors, and counselors. In general, families may begin to find a new sense of normalcy within 1 to 2 years after the divorce. The first few months are often the hardest, marked by emotional upheaval, confusion, and significant changes in daily routines. You can expect your family members to experience anxiety, anger, and sadness.   As parents and children adjust to new routines, the initial emotional intensity may subside. After a year, most families have adapted to new living arrangements and custody situations. After that, long-term emotional healing continues, and family members may feel more settled and resilient as they move further away from the time of divorce. Strategies for Achieving the Best Outcome Possible After a Divorce In our family law practice, we have identified several strategies that help families achieve the best possible outcome after divorce. These include the following: Create a Thorough and Thoughtful Parenting Plan  Since February 2020, Maryland has required every parent to complete a Parenting Plan in child custody cases. The law defines a Parenting Plan as a written agreement describing how the parties will care for and make decisions regarding their children. Think of it as a mutually agreed-upon resolution between the parents that defines the terms and framework for how they will each carry out decision-making and other child-care responsibilities. Simply put, think of it as a custody agreement. For example, the parents may decide that the mother will have primary physical custody and the father will have an established visitation schedule. Or the parents may decide to have joint legal custody with 50-50 child physical custody, with each parent having the child for two weeks every month.   However, not all divorcing spouses think through their Parenting Plan as carefully as they should, and this is when problems arise. The Parenting Plan should identify which parent is responsible for medical and educational decisions, religious training, and recreational or extracurricular decisions. Whether you intend to assign sole decision-making authority in one or two or more areas to one parent or choose to have both parents share joint decision-making authority, your desires should be set out with specificity.   It is important to have the details and terms written down for everyone's convenience and benefit. A written plan also eases conflict by organizing details and preventing confusion and uncertainty. More importantly, a written parenting plan will provide better child protection by reducing the likelihood of conflict between parents. Your Bethesda family law attorney can help you formulate a Parenting Plan that makes sense for you and your family and helps you achieve an optimal family outcome after your divorce. Consider Family Counseling  Some of our families engage in family counseling after divorce, even though this may seem counterintuitive. Post-divorce family counseling makes sense if you view divorce as a family transition rather than an end. Post-divorce family counseling helps family members consider how to collaborate in... - Published: 2025-09-30 - Modified: 2025-10-02 - URL: https://www.brandonbernsteinlaw.com/child-custody-and-holiday-visitation/ Fall is here, and some major holidays are around the corner - Thanksgiving, Hanukkah, Christmas, Kwanzaa, and others. These are holidays that families often like to celebrate together, but if you’re divorced and the non-custodial parent, you may have to plan ahead to be with your children during this time. To avoid sadness, anxiety, and confusion, make sure that you understand what your visitation order says about spending holidays with your children. How is Visitation Established? Visitation is the term used to describe the time that a non-custodial parent spends with his or her children. Visitation can include regular day-to-day or weekly schedules, summer schedules, and holiday schedules. The courts encourage parents to collaborate in finding a visitation schedule that works for all parties, taking into account work schedules, school schedules, sibling relationships, the geographic locations of the parties, and other relevant factors. In many cases, parents can work out these visitation issues together or with the assistance of their respective attorneys. In particularly contentious situations, a divorce mediator can be called upon to help the parties mediate a visitation schedule. If the parents cannot agree, the court will make a decision after evaluating many factors. The objective is to reach a decision that is in the best interests of the child. Many considerations come into play here, including: The physical and mental fitness of each parent The character and reputation of each parent Each parent’s desires for custody and visitation The potential for each parent to contribute to the child’s well-being The daily routines of the parents and children The age, health, and preferences of the child Visitation can be awarded to biological parents, step-parents, and even grandparents. It is also important to note that visitation can be denied when it is likely to place the child into an unsafe situation. Visitation Arrangements Visitation is part of the court order that defines when, how, and where the non-custodial parent may have contact with the child. Visitation rights are important because they allow people to spend quality time with the child, even those without custody. Visitation arrangements come in many forms and are often agreed to in advance by divorcing parents. Visitation arrangements can include: A flexible visitation arrangement Reasonable visitation, as determined or approved by the custodial parent A pre-determined and structured visitation arrangement that takes into account weekends and holidays Supervised visitation For divorced families, the normal stress levels can seriously escalate during the holidays. Thus, if your holiday visitation is not predetermined, it makes sense to start planning it now. It’s best to start by communicating in writing through shared calendars and emails to avoid any misunderstandings. The goal should be to create a simple holiday schedule that is relatively easy for all parties to follow. Here are some common custody arrangements: Alternate holidays every other year - One parent takes the kids on even-numbered years, and the other takes them on odd-numbered years. Split holidays- If you’re lucky enough to be in the same city, you might consider splitting the holiday. For example, have your child spend Christmas Eve with one parent and Christmas Day with the other. Fixed holidays - Certain holidays can hold important meanings for one parent but not the other. If a particular holiday is especially meaningful or important to you or your spouse, consider having your child spend the day with you or your ex. Here are some important tips to help you approach holiday visitation discussions with your ex in a positive and constructive way Don’t involve your kids - In most situations involving visitation and custody discussions,... - Published: 2025-08-29 - Modified: 2025-10-02 - URL: https://www.brandonbernsteinlaw.com/the-difference-between-a-divorce-and-an-annulment-in-maryland/ Generally, there are three ways in which a marriage can end: death, divorce, or annulment. Death needs no further elaboration, and divorce is the most commonly thought of endpoint to a marriage if death doesn’t come first. However, the less contemplated end to a marriage is by annulment. The primary difference between divorce and annulment is that divorce terminates a valid marriage, whereas annulment is a court declaration that the parties’ marriage was never valid because it was either void or voidable. An annulment completely terminates a marriage, leaving both spouses free to remarry. In fact, when a court grants an annulment, the spouses are considered to have never been legally married to each other. An annulment is a legal proceeding in which a marriage is determined to be void or voidable based on the following reasons: Bigamy Marriage to a person who is a close relative Marriage that happened due to a threat, duress, or fraud Mental incapacity to enter a marriage contract The illegitimacy of the officiating authority There may be additional reasons that will deem a marriage to be void or voidable. Below are some important questions about annulment of a marriage. What Does It Mean to Enter Into a Marriage by Fraud? A marriage can be annulled if it is entered into by fraudulent means. This means that one spouse lied or misrepresented something that was material, and the other spouse relied on that lie or misrepresentation in making the decision to enter into the marriage. One common example is a woman telling her partner that she is pregnant when she is not, and her partner relying on this in entering into the marriage. Other examples include misrepresentation or lies regarding one partner's desire to build a family, or a partner’s ability or inability to have children. Fraud must be proven by evidence or witness testimony.   Is an Annulment Cheaper Than Divorce in Maryland? An annulment in Maryland is often less expensive than a divorce. However, an annulment can become more expensive if it has to address matters such as the well-being of children from the marriage and the division of assets between the spouses. The involvement of attorneys can also increase the annulment cost compared to the cost of an uncontested divorce resolved without the assistance of attorneys. What is the Status of the Children of an Annulled Marriage? Children are not deemed "illegitimate" by the granting of an annulment. However, child custody, visitation, and child support will need to be resolved. By understanding how annulment intersects with family law, you can ensure that you make decisions in the best interest of your child. What is the Difference Between a Church Annulment and a Civil Annulment? The Catholic Church can offer annulments in specific situations. A Catholic annulment is a declaration by a church tribunal that a marriage, despite outward appearances, lacked an essential element required for a valid union from its inception. This means the church recognizes that a true, sacramental marriage, which is considered indissoluble, never actually existed.   A Catholic annulment does not dissolve a civil marriage, nor does it affect the legitimacy of children born of the union in the eyes of the church or civil law. The purpose of obtaining a declaration of nullity is to clarify one’s marital status within the church, potentially allowing for a future marriage in the church if no other impediments exist. How Do I Start an Annulment and What are the Steps Involved? First, you are encouraged to speak to a Maryland divorce attorney who can guide you through the process... - Published: 2025-07-31 - Modified: 2025-08-07 - URL: https://www.brandonbernsteinlaw.com/relocation-and-child-custody/ We live in a highly mobile society. Research by the property management industry shows that 27 million people moved in 2021, and almost 20% of those moved from one state to another. For many divorced couples, it’s hard to manage legal and or physical custody of their minor child or children when they live in the same town, what with school schedules, sports schedules, religious events, overnights with friends, volunteer work, and the many other tasks and events that make up family life these days. What happens if you and your ex-spouse have a minor child with whom you share some kind of child custody, and one of you must, or desires, to relocate far away, or even out of state? If you divorced in Maryland, you would have undergone a process with your spouse to determine legal and physical custody of your child or children. Legal Custody is the right to make significant decisions about your child’s upbringing, such as education, religious training, and healthcare. Legal custody can be sole or joint. Physical Custody involves the physical residence of the child as well as the time the child spends with each parent. In the case of sole physical custody, the child lives primarily with one parent, while shared physical custody requires each parent to have the child for at least 35% of the time. Maryland presumes that both mothers and fathers are natural custodians of their children, and does not have a bias toward the mother or the father. Instead, when making a custody determination, the courts evaluate the best interests of the child using a number of factors. Some of these factors include; The stability and foreseeable health and welfare of the child; The child’s relationship with each parent and any siblings, other relatives, or other “individuals who are or may become important in the child’s life”; The child’s developmental needs, including physical safety, emotional security, and cognitive growth; The child’s day-to-day needs, including education, socialization, and mental and physical health; The child’s age; The preference of the child, and The location of each parent’s home in relation to the child’s school and activities. This is not an inclusive list, and other factors may be relevant in your particular situation. What Happens When a Parent Decides to Relocate? Couples who developed an amiable parenting plan and were well guided by their respective divorce attorneys may have agreed on the steps to take in the event of the relocation of one parent or the other. So the first step in the event of an impending relocation of one of the parents is to review your child custody order to see if there are any governing provisions. Custody or visitation orders in Maryland may include a requirement that parents give advance notice to the other parent, the court, or both, at least 90 days before they plan to move. The notice requirement may apply to: A relocation of the child's or the parent's permanent residence, and A move of any distance within or outside of the state. The custody order may spell out precisely what should be included in the notice and whether it should be in a particular form. Regardless of those details, the moving parent must send the notice by certified mail with a return receipt requested to the other parent's last known address. If a parent is planning to relocate a considerable distance away from the other parent, there is sure to be some adjustment in the parenting schedule. If the parents agree on how to make these adjustments, they would submit their Petition for... - Published: 2025-06-30 - Modified: 2025-08-07 - URL: https://www.brandonbernsteinlaw.com/what-is-marital-waste-and-how-does-it-affect-property-distribution-in-a-divorce/ Dividing property in a divorce is a complex and often contentious issue for the divorcing parties. In Maryland, property distribution is governed by the principle of equitable distribution. Equitable distribution does not mean that the division of property will be 50/50. Instead, it means that the court will review a number of factors to facilitate a property split that is fair to both parties. Factors that Maryland courts consider include: The circumstances leading to the spouses’ divorce The duration of the spouses’ marriage Each spouse’s financial and non-financial contributions to their family’s well-being The total value of each spouse’s separate and marital property interests The spouses’ respective anticipated economic circumstances post-divorce Each spouse’s effort expended in accumulating marital property Each spouse’s age, physical condition, and mental condition Whether either spouse will receive alimony after the divorce Whether one spouse will continue to live in the family residence with primary custody of the spouses’ children post-divorce. The equitable distribution principle is different than the principle of community property, wherein property acquired after marriage is to be split 50/50 in a divorce.   The Concept of Marital Waste Some spouses may feel that equitable distribution is, in fact, inequitable due to the irresponsible spending habits or financial mismanagement of their soon-to-be ex-spouse. Marital waste, also known as dissipation of assets, refers to the intentional misuse, depletion, or squandering of marital property by one spouse without the other's consent. In many cases, the intent is to reduce the other spouse's share in a divorce settlement. It typically involves spending marital funds on things unrelated to the marriage's benefit or the couple's established lifestyle. The details will vary by jurisdiction, but most states have a statute or case law to allow such a claim so that it can be taken into consideration when the court determines property allocations. In Maryland, the accusing spouse may allege dissipation of assets or marital waste, but must prove one of the following: Family funds were spent on non-family items. Note that it is not considered dissipation when one spouse uses assets to maintain the lifestyle he or she established during the marriage. The funds were spent to reduce the amount available for equitable distribution. The court will look at a variety of factors, including the timing of the expenditures, the pattern of similar expenditures, concealment, and the amount of expenditures. The accused spouse must prove that he or she made the expenditures for an appropriate purpose or for one of the following reasons: The property was not subject to equitable distribution due to, for example, inheritance or a prenuptial agreement. The expenditures did not affect the money available for equitable distribution. The expenditures were for a proper and suitable family purpose. The other spouse had either consented to the expenditures or knew of them but did not object. The expenditures were a matter of bad luck or bad judgment. The court or mediator will look closely at what may, on its face, appear to be dissipation of assets but ultimately turns out to be something else. Here are a couple of examples:  Transferring one asset to another kind of asset of equal value Paying marital debt or jointly titled debt Investing in a careful and managed way in market speculation. The judge will look at the totality of the facts and circumstances to make a decision about whether a party engaged in marital waste.   There is no cookie-cutter example of what constitutes marital waste in Maryland. Lawyers sometimes glibly say that it involves the “three A’s:" adultery, alcohol, and addiction. Spending a large amount of... - Published: 2025-05-30 - Modified: 2025-07-07 - URL: https://www.brandonbernsteinlaw.com/what-if-you-suspect-your-spouse-is-hiding-assets-during-your-divorce-proceeding/ Maryland is an equitable distribution state for allocating marital property in a divorce. This means that your marital assets will be equitably divided if you decide to end your marriage. Equitable distribution does NOT mean that your assets will be divided on a fifty-fifty basis. Instead, the judge will take a look at all relevant factors, including a spouse’s financial and non-financial contribution to the family and length of the marriage.   Note that the requirement that property be distributed equitably only applies to marital property. This includes real estate held as tenants by the entirety and any other property acquired by one or both spouses during the marriage. Some assets qualify as “separate” property and are not subject to division in a divorce. Separate property can include inheritances, gifts from third parties, property that is subject to a prenuptial agreement, and other categories of property.   These are other factors that are often considered by the judge in an equitable distribution: The total value of each spouse’s separate and marital property interests The spouses’ respective anticipated economic circumstances post-divorce Each spouse’s effort expended in accumulating marital property Each spouse’s age, physical condition, and mental condition Whether either spouse will receive alimony after the divorce Whether one spouse will continue to live in the family residence with primary custody of the spouses’ children post-divorce In many cases, the parties are relatively transparent regarding their assets. However, this is not always the case. And if some assets aren’t disclosed by the parties and known to the court, they cannot be included in the allocation.   Why do some spouses hide assets? Sometimes it’s as straightforward as one party never having disclosed the asset, and wondering why he or she must do so now. In other situations, a party might vindictively want to deprive the spouse of something he values. Sometimes, a spouse will gift a treasured object to a family member with the understanding that it will be returned once the divorce is final. The problem with all of these scenarios is that they result in the judge having an incomplete or incorrect picture of the divorcing couple’s financial status, and that will adversely affect alimony and child support decisions.   How to Search For Hidden Assets It is imperative that all assets be identified and accounted for prior to the legal allocation process. What can you do if you suspect that your spouse has hidden assets? Here are several steps that a Bethesda divorce attorney recommends if you feel that your soon-to-be ex-spouse is withholding some assets from the inventory.   One of the most effective ways to uncover hidden assets is to use your knowledge of your spouse’s spending habits. Over the course of your marriage, you have likely identified, in a general kind of way, your spouse’s purchasing practices. Some people have compulsive buying behavior. Some individuals are prone to purchasing the latest versions of cellphones and other digital devices. Others are triggered to buy while on vacation. If your spouse’s inventory seems out of balance with what you know of his or her spending habits, it could be a sign of hidden assets.   Review Bank Accounts and Credit Reports Review your joint accounts - checking, savings, investment - and look for activity that is suspicious or out of the ordinary. This could include account transfers or unusual deposits. Also check credit reports, and see if any new lines of credit have been opened. It’s a good idea to check your partner’s credit report as well. This will show any new debts taken on after... - Published: 2025-04-30 - Modified: 2025-08-07 - URL: https://www.brandonbernsteinlaw.com/what-if-my-ex-wont-pay-spousal-or-child-support/ One of the many challenging aspects of divorce is that, from a financial perspective, the parties often struggle to live as well separately as they did when they were living together. Why is this often the case? One reason is the costs involved in renting or buying separate apartments or houses, as well as the separate expenses of items like monthly phone plans and home insurance. Additionally, the property division necessitated by the divorce may have jeopardized the couple’s retirement assets and plans, requiring them to split 401(k) s and pensions. In many cases, their individual Federal taxes will be higher. These are just a few of the unanticipated costs that often surprise people when they get divorced. And the cost of the divorce may also have drained the couple’s emergency savings. Because of the financial pressures inherent in many divorces, it is often the case that the partner who is ordered to pay alimony and/or child support struggles to make these regular payments. What are your remedies if your spouse isn’t keeping current on his or her support obligations, or has stopped paying entirely? Enforcing Spousal Support in Maryland In the state of Maryland, the judge considers several factors when determining whether to order spousal support. Among other factors, these include the length of the marriage, the age and health of the spouses, and why the marriage ended. There are several types of spousal support, also known as alimony, in Maryland: alimony pendente lite, rehabilitative alimony, and indefinite alimony. Alimony pendente lite is temporary financial support provided to one spouse during the divorce process. A court can award this type of alimony for the interim period between when you file for divorce and the time the divorce becomes finalized. This temporary support is meant to ensure that both parties are able to maintain a reasonable standard of living during the divorce process, especially if there is a large differential in the respective earnings of the spouses. Alimony pendente lite is distinct from rehabilitative and indefinite alimony, which may be awarded as part of the divorce decree. It’s important to be aware that the legal standard for being awarded alimony pendente lite is different from that for rehabilitative and indefinite alimony, and it is possible that even if you receive pendente lite alimony, you will not necessarily be awarded alimony after the divorce. The most common type of post-divorce alimony is rehabilitative alimony, whose primary purpose is to help a spouse become self-supporting. It may include giving the spouse time and money to attend college or a technical training program, for example. Rehabilitative alimony is typically awarded for a limited time and duration. Indefinite alimony, which is relatively rare, continues on indefinitely after the divorce. It’s typically awarded to a spouse where the earning differential is very large between the parties, or if one party is disabled, in bad health, or unable to work. In these types of cases, the court has typically decided that indefinite alimony is necessary for the receiving spouse to maintain an adequate standard of living. If the party who is supposed to be receiving alimony is not receiving payments, the court can enforce the order if: The uncooperative spouse lives in Maryland The uncooperative spouse lives in a state in the United States that has a reciprocal agreement with Maryland The uncooperative spouse owns property in Maryland, such as real estate, bank accounts, a business, or stocks and bonds If a person refuses to pay court-ordered spousal support, despite having the ability to do so, he or she may be held in contempt... - Published: 2025-03-31 - Modified: 2025-04-02 - URL: https://www.brandonbernsteinlaw.com/7-things-to-keep-in-mind-when-going-through-a-maryland-divorce/ Divorce is an emotionally grueling time for most people. If you didn’t see the divorce coming or didn’t want it, you may feel rejected, angry, and distressed. And even if you wanted the divorce, it’s never easy to break up a family and say goodbye to the hopes and dreams that were undoubtedly part of your marriage vows. Today’s divorces, particularly in Maryland, which has done away with “fault” divorces, can be less traumatic than when the moving party in the divorce had to assert mental cruelty, desertion, adultery, or some other ground in order to obtain a divorce. If at all possible, divorcing spouses should try to communicate well during the process to achieve the best result for all involved. The following is a list of seven things to keep in mind as you go through the divorce process. Do Not Fail to Respond to Legal Papers The first formal step in the divorce process is filing for divorce. The grounds for divorce in Maryland include a six-month separation, irreconcilable differences, or mutual consent. To initiate the divorce process, a party needs to file several documents with the court, including a Complaint for Absolute Divorce, a Financial Statement (for cases involving alimony or child support), and a Civil Domestic Information Report. After filing, the divorcing party must legally inform his or her spouse of the divorce action. This is done through “service of process. ” Service of process can be done by a sheriff’s service, a private process server, certified mail with return receipt, or hand delivery by a third party over 18 years old. The spouse has 30 days (60 days if they live out of state) from the date of service of the complaint and summons to respond to the divorce complaint.   Failure to respond has serious implications. Under Maryland law, an order of default may be issued if a spouse is properly served with a summons and complaint but fails to respond. In these cases, a judge would grant the divorce and may grant the relief requested. Don’t Act Out of Anger or Revenge You risk making bad decisions if you act out of anger or revenge. While it’s normal to have these and other negative feelings about your soon-to-be ex-spouse or the divorce itself, it’s healthiest to work through these feelings with a therapist or a trusted friend or family member. Do Not Represent Yourself in Your Divorce It’s perfectly legal to represent yourself in your divorce. People do it all the time. This is called “pro se representation. ” But in most cases, it’s not a good idea, particularly if children are involved or if you have assets. All legal cases, including divorces, have procedural requirements and require the filing of significant amounts of paperwork. Failure to comply with these mandatory court processes could jeopardize the outcome of your divorce case. Be Honest With Your Attorney It’s important to be honest and truthful with your attorney. If you fail to be straightforward, you could jeopardize your divorce settlement. It’s particularly important to be truthful as you complete the financial disclosure documents required in your divorce proceeding.   Have a Financial Plan Whether you will be seeking alimony or paying alimony, it’s important to work with a professional to develop a financial plan. Most family law attorneys will be able to point you to a trusted financial professional who can help you understand how a divorce will impact your finances. Assets that have accrued during the marriage, including savings accounts and investments, will typically be divided and will likely have an impact... - Published: 2025-02-28 - Modified: 2025-03-02 - URL: https://www.brandonbernsteinlaw.com/developments-in-maryland-child-custody-law/ Child custody is, for many parents, the most heart-wrenching part of divorce. The thought of having to divide your children’s time and physical presence between you and your soon-to-be ex can be difficult. While Maryland’s case law is well settled about the factors to be considered by a court in determining child custody, these factors are not embedded in Maryland state statutes. This year, the Maryland legislature will again consider formalizing these child custody standards into law. Filing For Child Custody In Maryland You can file your child custody case in Maryland if: The child lives in the state of Maryland, which is the child's home state, and the parent has sufficient contact with the state. This means that the parent either works, votes, lives, or pays taxes in Maryland. Even though the child is not in Maryland now, Maryland was the child's home state within the last six months, and the parent filing for custody continues to live in Maryland. The child and at least one of the parents have a significant connection with Maryland - that is, they live, work, or go to school here - and in Maryland, there are more records and witnesses to give evidence of the child's present or future care, protection, training, and personal relationships. The child is physically present in Maryland and was abandoned, or emergency protection is necessary. Generally, an emergency means the child was threatened or a victim of abuse or neglect. Maryland's Standards for Granting Child Custody In Maryland, two cases set the standard for child custody. In Taylor v. Taylor, a 1984 case, the court found that both parents could be fit parents, and therefore, a judge could order joint custody. In Montgomery County v. Sanders, a 1978 case, the court set out the following non-exclusive factors for a circuit court to consider in child custody determinations: 1) fitness of the parents; 2) character and reputation of the parties; 3) desire of the natural parents and agreements between the parties; 4) the ability to maintain natural family relations; 5) preference of the child; 6) material opportunities affecting the future life of the child; 7) age, health, and sex of the child; 8) residences of parents and opportunity for visitation; 9) length of separation from the natural parents; and 10) prior voluntary abandonment or surrender. Maryland has also developed some “child’s best interests" factors that are now specifically enumerated in Maryland Rule 9-204. 1. This Rule also encourages parents to develop a parenting plan during their divorce or separation that addresses legal custody and physical custody with their children’s “best interests” in mind. Legal custody relates to parental decision-making authority, and physical custody relates to parenting time.   It’s important to be aware that Maryland’s “best interests factors” are both non-binding and non-exclusive. Some examples of Maryland’s “best interests factors” include: The stability and foreseeable health and welfare of the child; The child’s relationship with each parent and any siblings, other relatives, or other “individuals who are or may become important in the child’s life; The child’s developmental needs, including physical safety, emotional security, and cognitive growth; The child’s day-to-day needs, including education, socialization, and mental and physical health; The child’s age; The parents’ ability to communicate and resolve disputes without intervention; and, The location of each parent’s home in relation to the child’s school and activities. As you can see, these factors are additive to the Montgomery County decision’s ten non-exclusive factors to be considered in a child custody case. Possible Legislative Changes In Maryland Child Custody Law Proposed legislation known as “The Custody Factors Act,”... - Published: 2025-01-31 - Modified: 2025-02-02 - URL: https://www.brandonbernsteinlaw.com/changing-child-custody-arrangements/ One of the most difficult parts of a divorce is the realization that your minor children will not be living with both of their parents. This is often a heartbreaking situation for all involved. There are many important practical considerations if you have decided to seek child custody. However, the most important legal principle in Maryland, and most other states, is that the best interest of the child is paramount. This means that, regardless of your point of view, the court will evaluate the situation according to the "best interest of the child" standard. Whether you’re a biological parent, a non-parent partner, or a grandparent, child custody in Maryland is not about winning the case but ensuring that the child’s welfare is safeguarded. Note that Maryland courts do not have a presumption of whether the father or mother is best suited to be the custodial parent. Rather, the court takes into account many factors, including the following: The child’s age and gender The child’s relationship with each parent Each parent’s ability to provide a stable living environment The reputation and the character of each parent Any history of violence in the household The child’s preference, given they are of a suitable age to express it. When parents have difficulty reaching a child custody agreement, it’s often a good idea to consider divorce mediation. Mediation takes place in a confidential forum where a trained mediator helps the parties reach a fair and, hopefully, lasting decision. The mediator’s role is to bring the parties together. A Maryland court has the power to order mediation if there is a stalemate and the parties do not voluntarily agree to divorce mediation. So, let’s assume that after some period of negotiation, you and your spouse finally agree on child custody. Things go well for a period of time, and then something happens. One of the parents, or the child, decides to seek modification of custody. Is this possible, and, if so, what is the process? Modification of a Child Custody Agreement In Maryland, there is a distinction between legal and physical custody. Legal custody refers to the right to make decisions about a child’s upbringing, including education, medical care, and religion. Physical custody refers to where the child lives and who takes care of them on a day-to-day basis. In Maryland, parents are often awarded joint legal and physical custody. Joint legal custody means that both parents share equal decision-making power to make major decisions about the child’s welfare. One parent may also have joint legal custody with tie-breaking authority in the event the parents are not able to reach a joint decision. Joint physical custody means that the child spends significant time with both parents, although the time is not necessarily equal. Joint custody can work well if the parents can communicate effectively and put their differences aside for the sake of the child. Sole legal custody means that one parent has the legal authority to make decisions concerning the child’s welfare. Sole physical custody is when one parent has the overwhelming majority of custody time of the minor children. For example, if one parent is deemed unfit due to substance abuse, neglect, or domestic violence, the other parent may be awarded sole custody. Frequently, a party affected by the custody agreement seeks a modification of the custody agreement. Sometimes, a decision is voluntary, and sometimes, it is not. For example, let's consider the case of a father who is being transferred far from his child’s school. The father has sole legal and physical custody but does not want to disrupt the... - Published: 2024-12-31 - Modified: 2024-11-27 - URL: https://www.brandonbernsteinlaw.com/representing-yourself-in-a-maryland-divorce/ What if you’ve decided unequivocally that you want a divorce, but having to pay a lawyer is keeping you from moving forward? Can you represent yourself in Maryland? The short answer is yes, but most people with legal experience don’t recommend it. Still, there are very limited situations in which it might make sense to represent yourself. When you represent yourself in court, you are called a "pro se" or "self-represented" litigant. "Pro se" is a Latin phrase that means "for yourself" or "on one's own behalf. " What is Involved in a Maryland Divorce? Since October 2023, divorcing in Maryland has become significantly easier. Previously, Maryland had two types of divorce: limited and absolute. Limited divorce was also known as a legal separation, and it did not totally dissolve the marriage. Rather, it provided a period of time for couples to determine the disposition of family issues such as child custody, child support, and spousal alimony. Now, legal separation is no longer a legal concept in Maryland, and couples are either married or divorced. In another major change, “fault” grounds, such as adultery and desertion, have been abolished. The only three fault grounds are: A six-month separation Irreconcilable differences Mutual consent So, now that you understand the basic framework of a divorce case, let’s evaluate whether it makes sense for you to represent yourself. Should You Represent Yourself in Your Maryland Divorce? There are pros and cons in representing yourself in a divorce. Many people consider representing themselves because of the money involved in hiring a lawyer. But there are serious downsides to self-representation, including failing to identify all assets that are subject to the divorce and not getting the legal relief you’re seeking because you did not follow the legal process properly. If you decide to represent yourself, here are some important tips to remember: Conduct research to learn about what law applies to your case. Divorce law can be complicated, although the 2023 changes to Maryland divorce law make it slightly easier to navigate. If you believe that you and your spouse will disagree on many issues, including child custody and child support, alimony, and/or property division, learn about the options that would help you resolve these issues without having to go to court. For example, you can try alternative dispute resolution options, such as mediation or arbitration. Except for the original complaint, which must be served on the other party by either the Sheriff, a private process server, or certified mail, every paper, pleading, or motion must include a certificate of service where you state that you have served a copy of the paper, pleading, or motion on the other party. The certificate of service should appear at the end of the paper or as a separate document attached to the paper. When filing a civil or family law case or when answering a complaint as the defendant in a civil or family law matter, you are required to complete a case information sheet. Information on these forms is used to determine the case track with respect to court times and helps in scheduling cases. There are many deadlines in all court cases, including divorce cases. Keep track of all deadlines, especially those for filing papers and serving the other party. If you miss these deadlines, you may lose your case. Go to the courtroom where your hearing will be and watch some of the proceedings. You can learn where you’ll sit and how to explain your case to the judge. Pay attention to how the attorneys argue their cases, their demeanor, and how... - Published: 2024-11-29 - Modified: 2025-03-04 - URL: https://www.brandonbernsteinlaw.com/everything-you-need-to-know-about-property-division-in-a-maryland-divorce-2/ More than a decade ago, you said your “I do’s” and dreamed of a beautiful life together, with all of the material things that affluent adults buy. Luxury cars, a beachside vacation condo, a motorboat, jewelry, Persian rugs, fantastic furniture... the list can go on and on. You managed to save a fair amount of money in your IRA, retirement accounts, and investment portfolio. And your marriage was good--until it wasn’t. Now you’re filing for divorce and parting ways. But what about all of your property? A common question that is asked is: How is property divided when the spouses are going through a divorce? Unless you have a prenuptial or postnuptial agreement, in Maryland, divorcing spouses must divide their marital property according to the principles of “equitable distribution. ” This concept only applies to your marital assets and not assets that are yours. In addition to dividing marital assets, divorcing spouses must also divide their marital debts. This can cause some issues, particularly when a debt is not in the name of both spouses, so it’s best to contact a Bethesda property division lawyer as soon as possible to discuss your legal options. What Are Marital Assets? Marital assets are those that were acquired during the marriage. In most cases, this includes real estate, which is the most valuable asset most couples own. Each spouse’s separate property may include gifts, inheritances, and property brought into the marriage. However, as these issues are often complex, it’s important to contact a Bethesda property division attorney to help you evaluate the nature of your assets as marital or separate.   In the absence of a prenuptial agreement, all marital assets can be considered as part of the discussion and potential distribution, including: Real property Cars and other vehicles Boats Bank accounts Investment accounts Retirement accounts CDs Jewelry Precious metals Rugs Furniture Artwork Privately held business interest This is not an exclusive list, and depending on your personal situation, it may include other items.   As noted above, Maryland requires an “equitable distribution” of these assets. This does not mean that assets are split 50/50. However, it does mean that the property division must be fair and equitable. If possible, it’s best to work with your spouse to determine how to divide your marital assets to avoid the court stepping in to make a decision. If you and your ex-spouse cannot agree on dividing your property, the court will determine which property is marital and how much that property is worth. Under the Maryland Marital Property Act, the court can consider the monetary and non-monetary contributions of each spouse to the marriage. Non-monetary contributions can include childcare, meal preparation, maintaining the home, and similar types of contributions. Family Use Personal Property In addition to the concept of marital property, Maryland also has a category of property that is known as “family use personal property. ” Family use personal property includes the family home, car, furniture, appliances, etc. Maryland courts have the authority to award exclusive use and possession of these assets to the spouse who has custody of the minor children. The underlying purpose is to allow children to live in an environment that is familiar to them. Such an award can last for up to three years from the date of the decree. The court must take into account the following factors in making this award: The best interests of any minor children; The respective interest of each spouse in continuing to use the family use personal property or occupy or use the family home or any portion of it... - Published: 2024-10-31 - Modified: 2025-09-03 - URL: https://www.brandonbernsteinlaw.com/important-legal-developments-in-maryland-family-law/ Family law is a broad body of law that encompasses marriage, divorce, alimony, child custody, child support, and other areas of the law that affect familial relationships. In 2024, the Maryland legislature enacted several significant laws affecting families. Most of the new laws took effect on October 1, 2024. A number of bills affecting child support and custody were discussed during Maryland’s 2024 legislative session; however, ultimately, they were not approved. Still, ongoing discussions in the Maryland State House signal possible future changes that could influence your rights as a parent and highlight a growing recognition of the complicated nature of custody decisions. Kinship Care Act The Kinship Care Act took effect on October 1, 2024. As of that date, Maryland embraced a “kin-first” approach in child welfare cases. Specifically, this law prioritizes placing children with relatives or close family friends when they need out-of-home care. This shift seeks to reduce trauma for children who must be temporarily relocated outside of their homes by maintaining family connections. If you’re going through divorce or child custody negotiations, there’s a stronger emphasis on keeping children with relatives or trusted family friends. This approach not only fosters stability but can also ease the emotional burden on children during tumultuous times. Under Maryland law, a kin­ship care­giv­er is: An indi­vid­ual who is relat­ed to the child through blood or mar­riage, adop­tion, trib­al law or cus­tom, or cul­tur­al cus­tom or practice; An indi­vid­ual who is unre­lat­ed to the child but has a strong famil­ial or sig­nif­i­cant bond with the child; or A per­son identified by the child’s parent. If the Maryland Department of Social Services cannot locate a kinship caregiver at initial placement, the Department shall give preference to a placement that considers: Proximity to the child’s home, extended family and siblings; The child’s culture or language continuity; The child’s age, and The child’s developmental and educational needs. This law rec­og­nizes the diver­si­ty of mod­ern fam­i­ly rela­tion­ships and the crit­i­cal con­tri­bu­tions of com­mu­ni­ty and cul­ture to a child’s well-being. The new approach rec­og­nizes that fam­i­lies main­tain a vari­ety of extend­ed, healthy, cul­tur­al and com­mu­ni­ty bonds that sup­port a child’s well-being and is based on evi­dence that chil­dren are bet­ter off when placed in those rela­tion­ships than in insti­tu­tion­al set­tings or with non-relatives. Guardianship and Child Support A significant update regarding incarcerated parents and child support also took effect on October 1, 2024. Under Maryland law, incarceration is now viewed as a material change of circumstances for a parent who is required to pay child support. An incarcerated parent can file for a modification of child support, provided that the party’s ability to pay child support is significantly reduced due to the incarceration. The purpose of this change is to keep parents from falling behind on child support due to conditions outside their control. Domestic Violence Protections For a spouse dealing with the unfortunate reality of domestic violence, Maryland has enacted a new certification program for domestic violence shelters and created a dedicated grant fund to ensure that shelters are adequately funded and that victims receive complete support during what is often the most vulnerable time of their lives. If domestic violence is a factor in your divorce or custody case, these improved resources could play a vital role in securing your safety and well-being . New Maryland Divorce Law Though Maryland’s new divorce provisions took effect on October 1, 2023, they are worth mentioning here, given the wide-ranging significance of these changes to many residents of Maryland. Before October 2023, Maryland law provided two separate types of divorce: limited divorce (also known as... - Published: 2024-09-30 - Modified: 2025-09-03 - URL: https://www.brandonbernsteinlaw.com/everything-you-need-to-know-about-property-division-in-a-maryland-divorce/ More than a decade ago, you said your “I do’s” and dreamed of a beautiful life together, with all of the material things that affluent adults buy. Luxury cars, a beachside vacation condo, a motorboat, jewelry, Persian rugs, and fantastic furniture. You managed to save a fair amount of money in your IRA, retirement accounts, and investment portfolio. And your marriage was good--until it wasn’t. And now you’re filing for divorce and parting ways. But what about all of your property? How is property divided when the spouses are going through a divorce?   Unless you have a prenuptial or postnuptial agreement, in Maryland, divorcing spouses must divide their marital property according to the principles of “equitable distribution. ” This concept only applies to your marital assets and not assets that are yours. In addition to dividing marital assets, divorcing spouses must also divide their marital debts. This can cause some issues, particularly when a debt is not in the name of both spouses, so it’s best to contact a Bethesda property division lawyer as soon as possible to discuss your legal options. What Are Marital Assets? Marital assets are those that were acquired during the marriage. In most cases, this includes real estate, which is the most valuable asset most couples own. Each spouse’s separate property may include gifts, inheritances, and property brought into the marriage. However, as these issues are often complex, it’s important to contact a Bethesda property division attorney to help you evaluate the nature of your assets as marital or separate.   In the absence of a prenuptial agreement, all marital assets can be considered as part of the discussion and potential distribution, including: Real property Cars and other vehicles Boats Bank accounts Investment accounts Retirement accounts CDs Jewelry Precious metals Rugs Furniture Artwork Privately held business interest This is not an exclusive list, and depending on your personal situation, it may include other items.   As noted above, Maryland requires an “equitable distribution” of these assets. This does not mean that assets are split 50/50. But it does mean that the property division must be fair and equitable. If possible, it’s best to work with your spouse to determine how to divide your marital assets to avoid the court stepping in to make a decision.   If you and your ex-spouse cannot agree on how to divide your property, the court will determine which property is marital and how much that property is worth. Under the Maryland Marital Property Act, the court can consider the monetary and non-monetary contributions of each spouse to the marriage. Non-monetary contributions can include childcare, meal preparation, maintaining the home, and similar types of contributions.   Family Use Personal Property In addition to the concept of marital property, Maryland also has a category of property that is known as “family use personal property. ” Family use personal property includes the family home, car, furniture, appliances, etc. Maryland courts have the authority to award exclusive use and possession of these assets to the spouse who has custody of the minor children. The underlying purpose is to allow children to live in an environment that is familiar to them. Such an award can last for up to three years from the date of the decree. The court must take into account the following factors in making this award: The best interests of any minor children; The respective interest of each spouse in continuing to use the family use personal property or occupy or use the family home or any portion of it as a dwelling place; The respective interest... - Published: 2024-07-31 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/is-divorce-mediation-right-for-you/ Divorce is an emotionally charged process, generally difficult for both parties. Traditional litigation can often exacerbate these difficulties, leading to prolonged conflicts and increased expenses. For many couples, divorce mediation offers an alternative approach that can be more amicable and efficient. If you are considering divorce in Maryland, understanding the benefits and limitations of mediation can help you decide if it's the right path for you. Understanding Divorce Mediation People engage in divorce mediation voluntarily. A neutral third party, known as a mediator, helps the divorcing couple negotiate and reach a mutually acceptable agreement. The mediator does not make decisions for the couple but facilitates communication and helps them explore options for resolving their issues. Mediation focuses on cooperation and finding solutions that work for both parties rather than having a judge make decisions for them. During mediation, the mediator will take the following steps, among others: Define the issues to be mediated Establish and enforce ground rules Structure the discussions and keep them on track Identify each party’s underlying interests and concerns Help dislodge impasses Explain any legal issues that may arise Find areas of commonality and agreement Seek concessions from each side Clear up misunderstandings Caucus with each party privately, if necessary Benefits of Mediation There are a number of benefits offered by divorce mediation. These include: Mediation is generally less expensive than litigation. Court battles can involve substantial attorney fees, court costs, and other expenses. Mediation, on the other hand, involves fewer formal procedures and can often be completed in fewer sessions, reducing overall costs Traditional divorce litigation can take many months or even years to resolve, especially if the case goes to trial. Mediation can significantly shorten the time frame for reaching an agreement, allowing both parties to move on with their lives more quickly. Mediation sessions protect confidentiality and privacy, unlike court proceedings, which are part of the public record. Mediation discussions and agreements are kept confidential. This can be particularly important for couples who value their privacy or have sensitive issues to resolve. The couple retains agency over the decisions that affect their future. They work together to reach agreements on issues such as property distribution, child custody, and alimony. In contrast, in litigation, the judge makes these decisions, which may not fully satisfy either party. Mediation promotes a cooperative approach to problem-solving, which can reduce the level of conflict between the parties. Where the parties share a child or children, this is particularly beneficial for future co-parenting. Mediation allows for more creative and personalized solutions than a court might impose. Couples can tailor their agreements to fit their specific needs and circumstances rather than being bound by rigid legal standards. Is Mediation Right for You? While mediation offers numerous advantages, it is not suitable for every situation. Here are some factors to consider when deciding if mediation is right for your Maryland divorce: Willingness to Cooperate: Mediation may not be effective if one or both parties are highly adversarial or unwilling to compromise. Both parties must be willing and able to negotiate in good faith toward a mutually beneficial agreement. Power Imbalances: In cases of domestic violence or emotional abuse, there is generally a power imbalance where mediation may be neither effective nor appropriate. Complex Financial Situations: If your divorce involves complex financial issues, such as business valuations, significant assets, or intricate investment portfolios, additional expert help from financial professionals and others may be necessary. While mediators can provide legal information, they cannot offer legal advice or represent either party. It is advisable for each party to have their own attorney... - Published: 2024-06-30 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/start-thinking-about-summer-visitation-schedules/ Summer is here again, and it’s time to create a summer child custody visitation schedule that works for everybody in the family. Putting together a schedule requires respect, patience and understanding by all family members. Here are some suggestions to help you think about and plan a successful summer custody visitation schedule. The Importance of a Summer Schedule Summer vacation is a unique time in a child's life, providing a break from the routine of school and an opportunity for relaxation, exploration, and family bonding. It is crucial for parents to recognize the significance of this period and strive to create a schedule that supports the child's development and happiness. A well-thought-out summer custody schedule can: Promote Stability and Routine: Even though summer is less structured than the school year, having a predictable schedule can provide a sense of security for children. Enhance Parent-Child Relationships: Extended periods with each parent can strengthen the bond and allow for quality time together. Accommodate Special Events: Summer often includes vacations, camps, and special activities that can be enriching for children. Key Considerations for Planning Your Summer Custody Schedule When planning a summer custody schedule, consider the following factors: The Child’s Best Interest: The child's needs and preferences should be the primary focus. Think about their comfort, happiness, and any special activities they might want to participate in during the summer. Maryland’s Rule 9-204. 1 set out a number of non-binding and non-exclusive “best interest” factors that parents can consider in their various custody situations. Parents’ Work Schedules: Understand each parent's work commitments and availability. This helps in designing a practical schedule that maximizes time with the child while accommodating each parent's obligations. Vacations and Camps: Many families plan vacations or send children to camps during the summer. If you are recently divorced or separated, be aware that your child may be hesitant to be away at this time, however, while he or she is adjusting to the divorce. Consistency with the Regular Schedule: While summer allows for more flexibility, try to maintain some consistency with the regular school-year schedule. This helps in reducing confusion and maintaining a sense of normalcy for the child. Distance Between Homes: If parents live far apart, travel time and expenses become significant considerations. Plan the schedule in a way that minimizes stress and inconvenience for the child. Child’s Age and Preferences: Older children might have their own preferences and social commitments. In most cases, it’s important to include them in the planning process, which can make them feel valued and respected. Common Summer Custody Schedule Options There are several common approaches to summer custody schedules. Here are a few examples: Extended Time with Each Parent: One common approach is to split the summer into large blocks of time, allowing each parent to have extended, uninterrupted periods with the child. For example, one parent might have custody for the first half of the summer and the other parent for the second half. Alternating Weeks: Another approach is to alternate weeks between the parents. This allows for more regular contact with both parents, which can be beneficial for younger children who might struggle with longer separations. Alternating Days: This schedule alternates the days each parent has the child, such as two days with one parent, two days with the other, and then three days with the first parent. This can be adapted for longer periods during the summer. Many family counselors suggest this type of schedule as being best for toddlers and small children, as it keeps the child in regular contact with both parents. Custom Schedule: Create... - Published: 2024-05-31 - Modified: 2024-05-31 - URL: https://www.brandonbernsteinlaw.com/understanding-gray-divorce-in-maryland/ Gray divorce refers to the phenomenon of older adults, typically those aged 50 and above, choosing to end their marriages. This trend has been on the rise throughout the United States. Several factors contribute to gray divorce, such as increased life expectancy, financial independence, and changing societal norms. That said, understanding the implications of gray divorce requires a close look at its causes, the legal process, and the unique challenges faced by older adults going through a divorce. Causes of Gray Divorce There are a number of reasons for a gray divorce. Consider the following: Increased Life Expectancy: As people live longer, they may find themselves reassessing their life choices and relationships. The prospect of spending two or three more decades in an unsatisfying marriage can prompt individuals to seek a fresh start. Empty Nest Syndrome: Couples often stay together for the sake of their children. Once the children grow up and leave home, the couple may realize that they have grown apart and no longer share common interests. Financial Independence: Many older adults, particularly women, have achieved financial independence through careers or inheritance. This financial stability provides the freedom to leave an unhappy marriage without the fear of economic insecurity. Changing Social Norms: Society’s perception of divorce has evolved. There is less stigma attached to divorce now, and older adults may feel more comfortable making the decision to separate. Personal Growth and Self-Discovery: With age comes a desire for personal fulfillment and growth. Individuals may seek divorce to pursue personal interests, hobbies, or new relationships that align better with their current values and aspirations. The Legal Process of Gray Divorce in Maryland As of October 1, 2023, Maryland’s divorce laws changed to eliminate the need for fault-based grounds for divorce (i. e. , adultery, cruelty, desertion, etc). Currently: Divorcing parties can get what’s known as an absolute divorce after a six-month separation if they have lived separate and apart for six months without interruption before filing the application for divorce. The court may decree an absolute divorce based on irreconcilable differences stemming from the reasons stated by the Plaintiff for the permanent termination of the marriage. Mutual consent remains grounds for divorce. If the parties have mutually consented to the divorce, this means that they have signed a settlement agreement that resolved any issues related to alimony, custody, child support and the division of property. Unique Challenges of Gray Divorce Gray divorce presents unique challenges that differ significantly from those faced by younger couples. These include the following: Division of Assets: Older couples often have more extensive and complicated financial portfolios, including retirement accounts, real estate, investments, and businesses. The equitable distribution of these assets can be complex and contentious. Maryland follows the principle of equitable distribution for dividing marital property, which means assets are divided fairly, though not necessarily equally. Key considerations include: Marital vs. Non-Marital Property: Only marital property - that is, assets acquired during the marriage - is subject to division. Non-marital property - assets owned before the marriage or received as gifts or inheritance - typically remains with the original owner. Valuation of Assets: Accurate valuation of assets, including real estate, retirement accounts, investments, and business interests, is crucial. This may require financial experts or appraisers. Retirement Funds: Retirement funds are a critical concern in gray divorce. The division of pensions, 401(k) plans, and Social Security benefits must be carefully negotiated. Additionally, one spouse may be entitled to alimony to maintain their standard of living, especially if they were financially dependent on the other. It should be noted that IRAs and pensions can... - Published: 2024-04-30 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/separation-issues-the-implications-of-dating-while-separated-in-maryland/ Couples who plan to divorce have many questions about the interim period of separation before their divorce is finalized. How do you legally separate from your spouse? Is it possible to date during that period? How involved will the judge be in your affairs during this period of time? What if there are minor children in the family? These and many other questions will likely arise as you contemplate a separation from your spouse. During this interim period, it’s important to consult with a Bethesda divorce attorney to help you adjust accordingly. How Do You Legally Separate from Your Spouse in Maryland? There is no such thing as a “legal separation” in Maryland. If you and your spouse live separate lives for at least six months, you can file for divorce based on the ground (legal reason) of a “6-month separation. ” This is true even if you continue to live under the same roof, so long as you do not engage in marital relations. However, physical separation can make it easier to establish the date of separation. You should note, however, that dating during the separation can have potential legal implications, particularly in the context of divorce proceedings. Maryland is a "no-fault" divorce state, which means that neither party needs to prove marital misconduct to obtain a divorce. However, certain behaviors during separation may impact issues like alimony, property division, and child custody. Here are some factors that may have an impact on the divorce if you choose to date during your separation: Alimony: Dating during separation may influence a court's decision on alimony. If the court believes that the spouse seeking alimony committed adultery during the separation, it could affect the amount and duration of alimony awarded. Property Division: Maryland is an equitable distribution state, meaning that marital property is divided fairly but not necessarily equally dollar for dollar. While dating itself may not directly impact property division, if the court finds that marital funds were used to support a new relationship during the separation, it could be a factor in your divorce settlement. Child Custody: The court's primary consideration in child custody matters is the best interests of the child. Dating may be considered if it affects the children's well-being or if the new relationship introduces instability into the child's life. Emotional Impact: Even if there are no direct legal consequences, dating during separation can have emotional ramifications for both spouses and any children involved. It may complicate the divorce process and affect negotiations. It's essential to note that each case stands on its own facts and merits, and the outcome can depend on various factors. Consulting with a Bethesda divorce attorney can provide you with guidance based on your specific circumstances. Additionally, if you are unsure about the legal consequences, it may be wise to refrain from dating until your divorce is finalized. How Involved Will the Judge Be During Your Separation? Unless there are minors under 18, Maryland law does not control who gets to stay in the house. Thus, a judge will not likely be involved at this time. If a couple without minor children cannot work out who will stay in the home, a judge might order the sale of the property. It’s best to try to avoid that outcome because court-ordered sales of real estate are rarely beneficial for the property owners. If the house must be sold, you should have a realtor sell it so that you can get the best price. However, a judge does have the power to make certain decisions if you have minor children. In... - Published: 2024-03-29 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/maryland-custody-laws-for-unmarried-parents-a-brief-overview/ It is increasingly common for unmarried people to have children together. Sometimes, the parents are in a relationship, whether living together or apart. In other cases, the parents do not have a romantic or other close relationship and simply had a child together. When a married couple has a child, it is assumed by the state of Maryland that the husband is the child’s father. For unmarried couples, however, a father has no legal right to a relationship with their child until they establish paternity. Paternity is the legal status of a man as a child’s father. Fathers have significant rights in the state of Maryland, but establishing paternity is essential to being entitled to such rights. Below are the basics of what you need to know about unmarried fathers’ rights in Maryland and how to establish paternity. A Bethesda child custody lawyer can help you evaluate your particular situation. Establishing Paternity is Essential There are several important reasons for establishing paternity. Legal matters related to child custody, child support and visitation are all dependent on the establishment of legal paternity. The standard method of making a paternity determination is for the unmarried father to sign the child’s birth certificate and obtain an Affidavit of Parentage before the child turns 18, which is the age of majority in Maryland. Note that Maryland statutes do not distinguish between an adult and a minor who voluntarily signs the Affidavit of Parentage, so a father under age 18 may sign the Affidavit. Also note that you may sign an Affidavit of Parentage even if you are married to someone else. After you sign the Affidavit, you will be considered the legal father. Unmarried fathers may also acknowledge paternity by marrying the mother of the child and then acknowledging themselves as the child’s father. In cases where parentage is not in doubt, many unmarried couples choose to sign the Affidavit of Paternity at the hospital upon the child’s birth. After an Affidavit has been signed, it will be filed with Maryland Vital Records, and the named father will become the biological and legal father of the child. Sometimes, a man or woman may have doubts about the child’s paternity. In this case, it’s important to seek a DNA test to determine the child’s true biological father. A DNA paternity test uses genetic material DNA, which is inherited from the mother and father, to determine paternity. The DNA material is most frequently taken with a cheek swab, although, in some cases, it is obtained through blood. The DNA is run through a sequencing process that looks for genetic matches between the potential father and child, and it is considered to be 99. 9% accurate. Another possible complication is when the mother was married at the time of her child’s birth, but another man claims to be (and is acknowledged by the mother to be) the biological father. In such cases, the husband at the time of birth is considered to be the father, and the court will not accept evidence to the contrary unless it finds it is in the child’s best interest to do so. However, where the three adult parties are in agreement, the court will, in most cases, be more willing to enter an order naming the third party as the father. Custody Matters For unmarried fathers who have established paternity, Maryland’s child custody laws are the same as they are for married parents. The state does not give preference to the mother in determining who should be the custodial parent. Maryland recognizes two types of custody: Legal custody pertains... - Published: 2024-02-29 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/custody-of-special-needs-children/ Navigating child custody matters in Maryland becomes especially intricate when a special needs child is involved. The legal considerations, the child's best interests, and the unique challenges associated with caring for a child with special needs all contribute to the situation's complexity. A Bethesda child custody lawyer can help you understand how to proceed through the challenges involved in this particular situation. Standing to Pursue Custody A threshold question is whether you have the right to pursue custody. In the legal world, this is called “standing. ” Standing to seek custody is automatic for birth mothers and spouses who were married throughout the mother’s pregnancy. However, if a child’s parents are unmarried, Maryland law gives custody of a child to his or her mother. Unmarried fathers must establish paternity before seeking custody. Legal Framework for Child Custody in Maryland Like many states, Maryland prioritizes the child's best interests when determining custody arrangements. Courts consider various factors, including each parent's ability to provide a stable and nurturing environment, the child's existing relationships with family members, and any history of abuse or neglect. Maryland recognizes two main types of custody: legal and physical custody. Legal custody pertains to one’s decision-making authority for the child, including matters related to education, healthcare, and religious upbringing. Physical custody refers to where the child resides. Custody arrangements can be sole or joint. In joint legal custody, both parents share decision-making responsibilities. Joint physical custody involves the child spending significant time with both parents. Sole custody means one parent has primary decision-making authority or primary physical custody. Special Considerations for Special Needs Children When a child has special needs, the court considers additional factors to ensure that the custody arrangement aligns with the child's unique requirements. These considerations can include: Medical and Therapeutic Needs: Special needs children often have medical and therapeutic needs that may require ongoing attention. The parent who can best address these needs may be favored in custody determinations. Consistency and Routine: Children with special needs often thrive in consistent and routine environments. The court may assess which parent is better equipped to provide the stability and routine necessary for the child's wellbeing. Education: Special needs children may require specialized educational support. The parent who can facilitate and advocate for the child's educational needs may be given priority in custody decisions. Financial Considerations: Caring for a child with special needs can result in additional costs. The court may consider each parent's financial capacity to meet the child's specific requirements when determining custody. Crafting Custody Arrangements for Special Needs Children Navigating custody arrangements for special needs children involves careful consideration of the child's unique circumstances. If you are a parent of a special needs child, there are key strategies for crafting arrangements that prioritize the child's wellbeing: Open Communication: Effective communication between parents is crucial. Discuss the child's needs openly, exchange information about medical and therapeutic appointments, and work together to create a consistent approach to caregiving. Comprehensive Parenting Plan: Develop a comprehensive parenting plan that outlines the child's daily routine, medical needs, and educational requirements. This plan can serve as a guide for both parents and can be submitted to the court as part of the custody agreement. Flexibility and Adaptability: Recognize that the needs of a special needs child may evolve over time. Build flexibility into the custody arrangement to accommodate changes in medical or therapeutic interventions. In some cases, involving professionals such as therapists, doctors, or educational specialists in the custody process can give the court valuable insights and ensure that the child's unique needs are adequately addressed. Given the... - Published: 2023-09-29 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/a-closer-look-at-marylands-divorce-process/ Divorces are a state matter, and the rules governing the grounds for divorce, property distribution, alimony, child custody, child support, and other issues depend upon the state in which you live. In the State of Maryland, the Circuit Courts have jurisdiction over divorce cases. A Bethesda divorce attorney can help you understand the details of the process for divorce in Maryland. Starting the Process - Filing the Divorce Complaint The first step in the divorce process in Maryland is to meet the residency requirement. To file for divorce, one spouse must be living in Maryland. How long you must have lived in Maryland before filing a divorce complaint depends on where the grounds for divorce occurred. If the grounds for divorce happened in Maryland, you can file for divorce immediately. If the grounds for divorce occurred outside of the State of Maryland, you or your spouse must have lived in Maryland for at least six months before filing your divorce complaint. It is acceptable to move to various residences within the State of Maryland, but you should be prepared to prove the dates and addresses of residency. You affirm your residency through your sworn complaint, and typically, no proof is required beyond that. Residency can also be proven by a car registration, utility bills, property tax payments, library cards, and similar items proving you are a Maryland resident. No-Fault Divorce in Maryland In the event of mutual consent, Maryland has a "no-fault" divorce. Also known as voluntary separation, it signifies that you and your spouse have separated after mutually and voluntarily agreeing that you no longer desire to live together as husband and wife. To get a divorce on this ground, you have to be separated (not living under the same roof) without interruption and without cohabitation (no sexual intercourse) for one year, with no hope of reconciliation. There are two types of voluntary separation: Limited Divorce and Absolute Divorce. An Absolute Divorce means that the divorce is permanent. Remarriage is legally permissible and property claims are terminated. A Limited Divorce serves primarily to legalize a separation and provide the support terms. In a Limited Divorce, remarriage is not allowed, and property claims are not terminated. It’s not legally required to obtain a Limited Divorce before seeking an Absolute Divorce, a common misconception. Grounds for Divorce If Separation is Not Mutually Voluntary If the divorce is not mutual and voluntary, the parties seeking such divorce must offer an acceptable reason for the dissolution of the marriage. These grounds are, in most cases, set forth under Maryland Law. In Maryland, an Absolute Divorce can be granted on the following grounds: Constructive or actual desertion Voluntary separation Criminal conviction of a felony or misdemeanor Two-year separation Insanity A party can file for divorce on one or several grounds. If any one of the grounds is proved, the court will order the dissolution of the marriage. For a Limited Divorce, the grounds are: Cruelty against the complaining party or against the child of the complaining party Excessive Cruelty Constructive or actual desertion Voluntary separation. An annulment may be granted in Maryland when the marriage is declared void ab initio (i. e. , from its inception) as if it had never existed. Characteristics of a “totally void” marriage are that the marriage is defective, such as one party is still married to another, the married parties are blood relatives, or one or both of the married parties are underage. Annulment may also be granted in Maryland when the marriage is deemed “voidable” because of such issues as a party not being of... - Published: 2023-08-31 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/common-divorce-issues-high-net-worth-couples-face/ Divorce lawyers typically define a “high-net-worth couple” as one that has a million or more dollars in liquid assets. In these types of divorces, there are challenges and complications that don’t usually arise in divorces of people with lesser assets. Typically, the financial issues are complex, with a variety of properties, businesses, stocks, and other assets to be appraised and divided. A Bethesda alimony attorney can ensure that you get what you’re entitled to in a high-net-worth divorce. Regardless of the value of your assets, all divorcing couples must follow the same basic format. In most jurisdictions, these are the first steps that you take: Put together a list of all assets owned by each spouse individually and the household together; Determine the value of such assets; Determine whether the assets are marital, separate, or something else; Identify the third-party responsibilities, such as child support, that the parties will have Identity whether another party has claims to any of the marital assets; For the assets that both spouses have a claim to, divide those assets as equally as possible. Complicating Issues in a High-Net-Worth Divorce The Complications of a Trust Significant amounts of a high-net-worth couple’s assets are typically tied up in trust. In some cases, these trusts may be offshore. In cases where a spouse does not have an interest in or access to the other spouse’s trust, that spouse will want to argue that the trust is a financial resource that should be evaluated. Obtaining information about a trust can often be difficult - this is particularly true of an offshore account. Wealthy families often share joint and inter-generational financial interests. This is especially true when long-established trusts or other sources of family wealth are involved. Sometimes, children, siblings or others may have a direct financial stake in the outcome of someone’s divorce. More significantly, sometimes they have a direct legal claim to the disputed assets. This can make the divorce more complex by introducing new parties and new questions of ownership. What to Do With a Family Business? If you and your spouse own a business, there is an added set of complications in figuring out your divorce details. It’s difficult to value a business and sometimes equally as hard to find liquidity for a buy-out. In most cases, there are three scenarios for how to deal with a business interest in a high-net-worth divorce: a buyout, a sale or co-ownership. On balance, most couples prefer a buyout because it results in a clean break so the ex-spouses aren’t in business together. But in an unstable economy, valuation can be difficult. And equalization is hard because often it’s the largest asset a family has, so there may not be adequate assets to award the other spouse in exchange for the business. A second option is the sale of the business. In addition to the problems of valuation, this is often emotionally difficult for both parties as they have been growing their business for many years. Co-ownership is the third option, though fraught with peril. The major challenge is how to structure the co-ownership of a business interest. In most cases, co-ownership is a temporary measure that will be in place only until a sale or buyout can be arranged or until there’s enough cash to equalize the other spouse's interest. Often it makes sense to build a purchase option into a co-ownership agreement so there will ultimately be a way to make a final disposition of the business. Managing Jurisdictional Questions High-net-worth households tend to have assets across numerous states. Such a couple will often... - Published: 2023-07-31 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/what-are-considered-commingled-assets-in-a-maryland-divorce-case/ When spouses mix or blend separate and marital property, making it hard to identify each spouse’s individual assets, this is known as “commingled assets. ” Commingled assets add complication to a divorce proceeding, as they may involve complex financial analysis and evaluation in order to ensure equitable property distribution. The state of Maryland follows the principle of equitable distribution during divorce proceedings. This means that when dividing marital property, the court seeks to divide assets and liabilities acquired by the spouses during the marriage in a just and fair way, but not necessarily equal. Marital property typically includes assets and debts brought into the marriage, while separate property normally includes assets owned by each spouse prior to the marriage. Additionally, property and assets acquired by gifts or inheritance are typically considered to be separate property. If separate property is mixed with marital property, this results in commingled assets. For example, if one spouse uses money from a premarital bank account to buy a property jointly with the other spouse, this might be considered a commingled asset. In determining whether an asset should be considered a “commingled asset,” the courts typically look at the source of the funds and the parties’ intentions. An asset that is determined to be “commingled” is often subject to division as marital property, even if it started as separate property. A Bethesda divorce attorney can help you better understand the concept of commingled assets. Examples of Commingled Property Below are some other scenarios to help illustrate commingled property in a Maryland divorce case: Business Interests: If one spouse owned a business before marriage and the other spouse actively participated in running and growing the business during the marriage, the increase in the business's value may be considered marital property, leading to commingling. Gifted or Inherited Assets: If gifts or inheritances given to one spouse are deposited into a joint account or used for marital purposes, these may be considered commingled assets. Joint Bank Accounts: A couple’s joint bank account, where each spouse deposits their earnings, may be considered commingled. Real Estate: If one spouse owned real estate before marriage but subsequently added a spouse to the property title, the real estate asset is considered commingled. As a consequence, any increase in the property's value during the marriage could be subject to division as marital property, even though it was initially separate property. Investments: If one spouse had investment accounts before marriage and continued contributing to those accounts during the marriage, the increase in value may be considered marital property. This is especially true if the contributions were made using marital funds. Retirement Funds and Accounts: These types of accounts may be considered commingled if they receive contributions from marital funds during the marriage. Maryland law allows for tracing commingled assets to their separate property origins. Tracing involves showing the original source and character of the asset before it became commingled. This process is often challenging, especially if the financial records are not well-maintained or if the commingling occurred over an extended period. If you’re seeking to understand and navigate the intricacies of commingled assets in your Maryland divorce, it’s crucial to seek the advice of an expert who can help you identify, value, and trace commingled assets and advocate for a fair and favorable distribution. These steps are critical in evaluating commingled assets in Maryland: Identification: The first step in the property division process is to identify all the assets and debts of both spouses. This includes identifying any commingled assets and understanding how they were intermingled. Valuation: The valuation of the assets must... - Published: 2023-06-30 - Modified: 2023-06-30 - URL: https://www.brandonbernsteinlaw.com/changes-are-coming-to-maryland-divorce-laws/ In 2021, there were 1. 6 divorces per 1,000 people in Maryland. Divorces are hard in the best of circumstances, but Maryland divorce law has often contributed to the difficulties of divorcing. However, recent legislative changes will make it much simpler to get divorced in Maryland starting this October. Specifically, Maryland couples will be able to divorce without a physical separation - that is, needing to reside in separate households - or going through a waiting period due to the new law that alters the grounds for divorce. A Maryland divorce attorney can help you understand all the new changes in the state’s divorce laws. Current Maryland Divorce Laws Currently, the state of Maryland recognizes limited and absolute divorce. Effective October 1, 2023, Maryland will recognize only absolute divorce. Historically, the State of Maryland has never had laws regarding “legal separation,” though it allows for so-called “limited divorce,” which is essentially the same thing. In a limited divorce, a couple may live separately and remain married. It is a common option for couples who are unsure whether they truly want to split up or whose religious beliefs do not allow for an “absolute” divorce, which is the official legal end of a marriage. Couples seeking a limited divorce can address issues like child custody and support, alimony, and who keeps the marital home. However, there is no provision for the distribution of assets or properties. New Grounds for Divorce in Maryland The new bill repeals the concept of limited divorce entirely. Starting October 1, 2023, there will no longer be limited divorce in Maryland. However, the bill neither includes any provisions for legal separation nor does it provide provisions for what happens to couples who already have a limited divorce in place. The legislation eliminates the following grounds for divorce: Adultery Desertion, if it lasted for 12 months and there is no possibility of reconciliation Criminal convictions leading to jail/prison time 12-month separation Insanity meeting the legal standard set forth in the law Cruelty to a spouse or child Other extreme and vicious treatment Spouses will be qualified to divorce if they have lived separate lives, even if under the same roof, for at least 6 months or have cited “irreconcilable differences” as a reason to end the marriage. Importantly, “separate and apart” does not necessarily mean separate homes. Leading independent and separate lives and not engaging in physical intimacy are certain qualifiers to being deemed to “lead separate lives. ” Other factors the court may look at to determine if the couple is leading separate lives are: Are the couple’s finances intertwined? Does the couple take vacations together? Does the couple take meals together? Is the couple still sharing a bedroom? Are the couple’s friends and families aware that the relationship has changed? In certain cases, a court also could grant a divorce for “the medically proven permanent incapacity of a spouse to make decisions. ” For those who wished there was a faster, easier way to obtain a divorce, but for whom it was difficult or impossible due to the state’s 12-month separation requirement, the new law is a welcome change. It may also benefit victims of domestic abuse and violence. The new change may also result in less conflict among couples who no longer need to stay together. The new law’s stipulation that people don’t have to live physically separate from their spouse should help people who may struggle to afford a home on their own or who wish to stay in the same residence as their children. Finally, while the grounds for divorce will... - Published: 2023-05-31 - Modified: 2023-05-31 - URL: https://www.brandonbernsteinlaw.com/documents-to-bring-when-meeting-with-a-divorce-lawyer/ All legal situations are paperwork intensive. Whether you’re creating or contesting a will, buying or selling a home, creating or selling a business, or engaged in any of the other myriad legal issues involved in life, paperwork is an essential part of the experience. When you start the process for divorce, you will need to provide your Bethesda divorce attorney with a variety of documents. Without these documents, your lawyer cannot properly evaluate your legal or financial situation or present them to the court with any degree of certainty about your situation. The first time you meet with your attorney, it’s important to be well-prepared and bring the following documents with you. Your paperwork can be organized manually, either in individual folders or in an accordion-type file, or be put on a flash drive or other electronic memory device. Documents Related to the Income of the Parties Information regarding the income of the parties is of critical importance. The court needs to understand your financial situation in order to arrive at an equitable situation regarding alimony, child support, and property distribution. Documents showing income typically include income tax returns and pay stubs. They must show year-to-date earnings and deductions. Business Expenses of You and Your Spouse If either you or your spouse are self-employed, you should provide bank statements, check registers, financial statements, payment receipts, and profit and loss statements. You should also bring your individual or joint income federal and state tax returns for the past five years. Additionally, any financial statements or statements of net worth prepared by you, your spouse or either of your accountants for the purpose of obtaining bank loans or for any other purpose are important and should be disclosed to your attorney. Finally, any other document that establishes your net worth, your spouse’s net worth, your income, and your spouse’s income is important to provide to your attorney. Documents Related to Real Estate If you jointly own real estate, there are a number of considerations to take into account. In most cases, real estate which was purchased during the marriage is marital property that will need to be divided during the divorce. As a major asset, real estate is often a contentious matter. Note that if marital funds were used to pay the mortgage or if they were used for upkeep and maintenance of the property, real estate bought prior to a marriage could also be considered marital property. It’s important to provide your lawyer with records that show a legal description of any real estate owned either separately or jointly, as well as current mortgage statements. You can obtain these from your mortgage company or bank. Other documents to provide to your lawyer include documents pertaining to the initial purchase of the real estate and any documents related to a refinance, if any, of the property. Tax assessments are also pertinent and should be provided to your attorney. Documents Related to Joint Financial Accounts If you, individually or jointly with your spouse, opened or contributed to any account during the marriage, this account is potentially marital property and must be assessed. These accounts include savings passbooks and savings certificates of individual or joint accounts. Any and all bank statements for the past three years from any account in your name or held jointly with your spouse, as well as statements from investment accounts you two hold jointly and separately, should be provided. Documents Related to Life Insurance Life insurance can also be considered marital property. The court may divide any cash value or order a beneficiary change in order to... - Published: 2023-04-28 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/child-custody-statistics/ If you divorce and have a minor child or children, you and your spouse will have to address child custody issues. Child custody is a legal term that means the right to care for and make major decisions concerning a child. If you are the custodial parent, you will be empowered to make decisions about your child’s schooling, extracurricular activities, religious training, medical care, and similar important decisions regarding all aspects of your child’s upbringing and education. A Bethesda child custody attorney can help you understand how child custody works in the state of Maryland and how to present yourself in the best possible light if you are seeking sole or shared child custody. Legal vs. Physical Custody There are two different types of custody. A parent who is awarded legal custody has decision-making authority. This may include decisions about the child’s welfare, education, health, and religion. In some cases, the parents may share joint legal custody, which means they have an equal say in parenting decisions. Alternatively, one parent may have sole legal authority, meaning that the parent has the sole decision-making discretion. Physical custody is the second type of custody that may be awarded in a child custody case. Physical custody means where the child lives and how much time the child spends with each parent. This is also called parenting time. The court may award shared physical custody. Shared physical custody rarely means a 50/50 split, however, as this can be hard to achieve given the schedules of the parents and the child. If you are awarded primary physical custody, this means that your child spends most of their time with you and less time, typically scheduled in advance, with their other parent. What Is the “Child’s Best Interest Standard” in the State of Maryland? In Maryland, judges are required to make custody decisions based on what is in the child’s best interest. This is true regardless of whether the parents have made a previous agreement that they would like to have implemented. The court reviews and takes into consideration a list of factors and evaluates these factors against the interests of the child. All factors are given relatively equal weight in the judge’s analysis. The “child’s best interest” standard was established in 1986 by the Maryland Court of Appeals. These are some of the factors the courts consider as they weigh their decision against the best interest of the child standard: Who has been the child’s primary caregiver The willingness of the parents to share custody Physical and psychological fitness of the parent seeking custody The respective character and reputation of the parents The respective financial resources of the parents Housing situations and the feasibility of visitation for the non-custodial parent Any prior custody agreement The ability of each parent to help the child maintain family relationships Age, health, and gender of the child Wishes of the child Any past abandonment or surrender of custody Parental or child disability The depth of the psychological and emotional bond between the child and the parents Statistics About Child Custody Here are some interesting facts about child custody, mostly from the 2018 U. S. Census, that might have some applicability to your personal child custody situation: In more than half of child custody cases, both parents agree that the mother should be the custodial parent. U. S. Census Bureau statistics from 2018 showed that, in just over half of child-custody battles, parents mutually agreed that the mother should be awarded primary custody of the child(ren). Approximately one-third of these decisions were made voluntarily, without the need for... - Published: 2023-03-31 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/changes-to-maryland-child-support-guidelines/ Child Support in Maryland When parents divorce, one of the most pressing issues is child custody and support. Under Maryland law, child support continues until a minor child turns 18. It may be extended to the age of 19 if the child receiving support is still attending high school. Any past-due child support will not be waived, regardless of the age of the child. In most cases, support obligations can be collected through withholding orders, which ensures prompt payments by the custodial party, and accurate payment tracking. Maryland uses a formula to calculate child support called the Child Support Guidelines (“Guidelines”). In most cases, the court will order child support based on the Guidelines, unless an interested party can show that the Guidelines would be unjust and inappropriate in a particular case. In general, the custodial parent - the parent with primary physical custody of the child or children - will receive child support. The non-custodial parent - the one who does not have primary physical custody of the children - will pay child support. This can change over time, depending on the income of each parent. Recent Changes to Maryland’s Child Support Law As of July 1, 2022, there are several significant changes to Maryland’s child support law. These include an increase in the income threshold that is subject to the Child Support Guidelines, a statutory definition of the term “Voluntary Impoverishment,” and new statutory authority that gives a court or judge discretion to not award child support. Increased Income Threshold There continues to be a rebuttable presumption that the amount of child support derived from Maryland’s Child Support Guidelines is the proper amount of child support, and the Court is to use the Guidelines in cases where the combined income of the parties falls within them. If the parents’ combined income exceeds the highest level specified in the schedule, the court may use its discretion in setting the amount of child support. Until June 30, 2022, the Maryland Guidelines mandatorily and presumptively applied to parents who had combined monthly incomes ranging from $100 to $15,000. Effective July 1, 2022, parents who have combined monthly incomes ranging from $15,000 to $30,000 are subject to the Guidelines. Definition of Voluntary Impoverishment Prior to the statutory change, the large body of case law in Maryland was used by the court to determine what constitutes “voluntary impoverishment” when determining whether to impute (assign a value to) income to a parent who opted to work in a job below their earning potential. However, “voluntary impoverishment” is now defined under the child support statute. Specifically, a parent is considered to be“voluntarily impoverished” if they “made the free and conscious choice, not compelled by factors beyond the parent’s control, to render the parent without adequate resources. ” If the court determines that a parent is voluntarily impoverished, it will weigh a number of factors to determine the amount of potential income that should be imputed to the parent. The factors set forth in the amended law, which can be thought of as a parent’s potential income, include the parent’s: Physical and behavioral condition Educational attainment Special training or skills Literacy Residence Occupational qualifications and job skills Employment and earnings history Record of efforts to obtain and retain employment Criminal record and other employment barriers Employment opportunities in the community where the parent lives, including the status of the job market, prevailing earnings levels and availability of employers willing to hire the parent The parent’s assets The parent’s actual income from all sources Any other factors bearing on the parent’s ability to obtain funds... - Published: 2023-02-28 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/effects-of-the-economic-downturn-on-divorce/ The economic trends of the past year were discouraging in many ways, and they have continued into 2023. Inflation closed out 2022 with a 6. 5% increase. The S&P 500 lost nearly 20% in 2022, recording its worst year since 2008. These negative economic trends have an impact on couples considering whether to file for divorce. Additionally, these factors can force already-divorced couples to consider seeking modified divorce orders. A Bethesda divorce attorney can help you evaluate, given the current state of the economy, whether this is the proper time to seek a divorce or modify your divorce decree. The State of the Economy Impacts Divorce Rates Historically, the state of the economy has helped to determine divorce rates. From 1929 to 1933, during the Great Depression, it was reported that divorce rates dropped approximately 25%. Cash-strapped couples felt that they could not afford to divorce. According to Philip N. Cohen, a sociologist at the University of Maryland, divorce rates dropped after the U. S. economy took a hit in 2008. This was largely due to the fact that it’s expensive to divorce, and many couples could not afford it. Cohen claims that divorce rates have been increasing in the decade since that time because couples can finally afford to end their marriages. Cohen estimates that from 2008 to 2011, approximately 150,000 divorces that would have occurred did not, due to the poor economy. However, a direct correlation between a divorce and the economy is often difficult to make. It’s true that financial hardships exacerbate stress and tension within a marriage, but money problems are rarely the only reason that a couple decides to divorce. Divorce During Covid-19 Not surprisingly, divorce rates dropped during the emergence of COVID-19 in 2020. Still, it’s hard to know how to evaluate the numbers. Most courthouses and legal offices were closed during the peak COVID times. Experts think that divorce rates will continue to rise in 2023 now that the economy is open, as are law offices and courthouses. Should You Divorce Now or In Stronger Economic Times? If you are the payor party, divorcing in weaker economic times means you will likely pay less in spousal support/alimony and child support. There will also be fewer assets to divide in an equitable distribution. By contrast, the spouse who will be the recipient of such support may want to delay divorce until the economy is stronger in order to receive a more generous settlement. But economic issues aren’t the only factors to consider. Other issues that need to be considered in a divorce are as follows: Separation Agreements - Putting a separation agreement in place allows you and your spouse to manage issues related to your property, finances and children as non-confrontationally and effectively as possible prior to receiving a divorce decree. If you want to seek a “no-fault” divorce, you and your spouse must live apart for 12 months. If you don’t have minor children, you can proceed with the divorce without waiting for the 12-month period. Property Distribution – If you don’t have a prenuptial or postnuptial agreement regarding property distribution, your property must be divided according to the principles of equitable distribution. However, your separate assets are not subject to distribution. Debt Distribution – In addition to dividing your marital assets, you and your spouse must divide your marital assets. Dividing debt can sometimes be a tricky situation, particularly when debt is primarily in the name of one spouse. Alimony – When negotiating alimony, Maryland law establishes a long list of factors divorcing spouses must consider. Child Support – For... - Published: 2023-01-31 - Modified: 2023-01-31 - URL: https://www.brandonbernsteinlaw.com/high-net-worth-divorces-in-dc-and-maryland-what-is-the-standard-of-living/ Alimony is a periodic payment made by one former spouse to the other after a divorce. The purpose of alimony is generally considered to be rehabilitative - that is, to give an opportunity for the receiving spouse to become self-supporting. In most cases, alimony can only be awarded before the end of the marriage. If you fail to make a claim for alimony as part of a divorce, you cannot come back later after the marriage has been legally dissolved and start an alimony claim. The Supreme Court of Maryland has noted "[t]he longstanding rule in Maryland... is that the right to claim alimony is extinguished at the time of the severance of the marital relationship. " If you’re looking for the best possible alimony determination from the judge during your divorce proceedings, a Bethesda alimony lawyer can help you. Factors Considered When Determining Alimony In the state of Maryland, by statute, there are many factors considered by the court when determining the amount and duration of alimony and/or spousal support payments. These include: Marital Fault - Maryland has “no-fault” and “at fault” divorces. A “no-fault” divorce is when, prior to filing for divorce, the parties have lived apart and separate (without cohabitation or sexual relations) for 12 months without interruption. Additionally, “mutual consent” is a relatively newer “no-fault” ground for divorce in Maryland. A judge can grant an absolute divorce on the ground of “mutual consent” without a waiting period. In a “no-fault” divorce, there are no alimony ramifications. However, in an “at fault” divorce, which may be caused by abuse, adultery, infidelity, etc. , Maryland will often factor this into alimony by requiring the offending party to pay more - in essence, a punitive payment. Custodial Status - A Maryland judge will definitely consider custodial status when making a decision about alimony payments. This means that the amount of alimony being ordered will be partially contingent on whether the spouse receiving alimony has child custody. Custodial spouses typically receive higher alimony payments. Standard of Living - Standard of living is considered by the judge when determining alimony payments. This requires an evaluation of the lifestyle of the alimony-receiving spouse during the marriage. More details on evaluating “Standard of Living” are discussed below. Evaluating the Standard of Living for Purposes of Alimony Evaluating the standard of living of the couple applies prominently in high net-worth divorces. The legal principle here is that, after a divorce, the spouses should be able to continue to have a living standard to which they were accustomed during the marriage. In high net worth divorces, the receiving spouse may get a higher alimony award because he or she may have no earnings, or substantially less earnings, than the other spouse. Through an award of higher alimony, the court will try to allow both spouses to live up to the lifestyle they have been used to. How do you show “standard of living” for the court? In most cases, each spouse will provide evidence of the lifestyle they enjoyed as a married couple. This can be done through live witnesses, income statements, financial documents, and other evidence that attests to the standard of living. As a matter of strategy, the spouse that will be required to pay alimony will typically try to downplay the standard of living, while the recipient spouse will attempt to embellish the standard of living. It’s the responsibility of the judge to make a realistic estimation of the standard of living of the couple. There are many different facts that show evidence of a high standard of living. Examples... - Published: 2022-12-30 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/who-keeps-the-engagement-and-wedding-rings/ Throughout history, circles have represented wholeness, totality, perfection, eternity, and timelessness. Engagement and wedding rings are symbolic: their circular shapes are emblematic of enduring love and devotion. In addition to being symbolic, engagement and wedding rings are often expensive. Gemstones, 14-karat gold, and fine workmanship don’t come cheap. In 2020, the average price paid in Maryland for an engagement ring was $5,972. So what happens when you say goodbye to the former love of your life? Who keeps the rings in a divorce? If you and your spouse can agree on who gets to keep the engagement and/or wedding ring, the court will honor such an agreement so long as it is made by the parties without duress, fraud or misrepresentation. But if you cannot agree, the states have laws and case law precedents that will govern the ownership of the rings. Engagement Rings And Their Status as Gifts Engagement rings are viewed by most states as a gift from one party to the other. Most states recognize three types of gifts: conditional, unconditional, and causa mortis. Conditional gifts - The laws of most states view an engagement ring as a conditional gift. That is, the ring is given in contemplation of a forthcoming marriage. Thus, if an engagement is broken, the condition has not been fulfilled and the giver can typically get it back. However, if the parties marry, the condition has been fulfilled, and in most cases, the engagement ring cannot be reclaimed by the donor. In Maryland, as in the majority of states, an engagement ring is considered to be a conditional gift. In states that view engagement rings as conditional gifts, does it matter who broke the engagement? In most states, the answer is no. But there are some exceptions to this. In Texas, for example, the person who broke the engagement must forfeit the ring. And in Illinois, a person who breaks an engagement without justification cannot keep the ring. Unconditional gifts - A minority of states view an engagement ring as an unconditional gift. This means that it is freely given without conditions. Thus, in the event of a broken engagement, the party receiving the engagement ring may keep it. Causa Mortis - Causa mortis means a deathbed gift made in anticipation that the donor will die soon. It would be a rare occurrence that an engagement or wedding ring was given in causa mortis, and courts are reluctant to recognize this type of gift. Who Keeps the Rings after Divorce? Upon divorce, the issue of which party gets to keep the engagement and wedding rings depends on: The state’s division of property rule in divorce actions; When the rings were exchanged, i. e. , before or during marriage, and How the state governs spousal gifts. In a divorce, the property of the couple is separated into marital property - sometimes called community property - that was acquired during the marriage, and separate property, which is property that was brought into the marriage or acquired individually during the marriage. In most states, individuals are allowed to keep their separate property, which would include engagement rings, regardless of whether they were deemed to be conditional or unconditional gifts. The question of whether wedding rings are separate or marital property is often more complicated. Most couples exchange rings during their wedding vows, which means, in many cases, that the rings are marital property acquired during the marriage. But there are a number of exceptions to this. For example, Texas treats interspousal gifts as separate property. In states where a couple is divorcing and the... - Published: 2022-11-30 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/divorce-trends-in-the-state-of-maryland/ Marriage is an important institution in the United States, unlike other parts of the globe. In fact, the United States has more marriages and more divorces than any other country in the world. The Centers for Disease Control reported that, as of 2022, the current divorce rate in the State of Maryland was 2. 4 for every 1,000 inhabitants. This represents an increase from 2020 when the figure was 1. 7 per 1,000. “Gray” Divorces Among People 50 and Over A new trend emerging across the country - and in Maryland - is that a higher percentage of older people are divorcing. Called “gray divorces,” the age 50 and older crowd represents about 25% of all divorces in Maryland. Not every person thinking about divorce has the same reason to want to do so, but the reduced stigma of divorce may be driving the higher divorce rate among unhappily married older couples. Also, parents who stayed together for the sake of their children but don’t feel they have anything in common anymore or who have lost the “spark” appear to be increasingly willing to follow through with a divorce once the children are out of the house. The American Association of Retired People (“AARP”) started focusing on this phenomenon in the early 2000s and offered these statistics in a report entitled The Divorce Experience: A Study of Divorce at Midlife and Beyond: Who initiates divorce in later life? 66% of female participants initiated divorce 41% of male participants initiated divorce Participants' age when divorced Age 40–49, 73% of participants divorced in their 40s Age 50–59, 22% of participants divorced in their 50s Age 60 and older, 4% of participants divorced in their 60s or later “Gray Divorce” has many challenges that are uncommon among younger couples who divorce. For example, divorcing when you are closer to retirement age, or have already retired, forces the couple to focus on and perhaps divide retirement assets. If the couple has to split a retirement investment account nest egg of $250,000, for example, that will likely significantly impact the lifestyle choices of each partner. Similarly, if one party has a pension and the other does not, or if one party has a significantly higher pension than the other, issues of fairness and equity must be addressed. If you decide to divorce your spouse, you will need to address many issues. These include: A Separation Agreement. Note, however, that if you don’t have minor children in Maryland you can proceed directly to a mutual consent divorce. Property Distribution. Property distribution proceeds pursuant to the principles of equitable distribution. Your separate assets are not subject to property distribution, nor are gifts or inheritances given to you alone. Debt Distribution. Some complex issues can arise around debt distribution if both parties are technically responsible for the debt, but the debt is only in the name of one party. Alimony. Alimony can also be a difficult issue in the case of gray divorces. Because of their ages, parties who have typically not worked outside the home may be unwilling or unable to do so now. What happens to a pension? If the court wants to award part of a pension to the other spouse, this can be done in Maryland through a Qualified Domestics Relations Order. In many cases, divorcing couples who are over 50 years old should consider divorce mediation. You don’t want to waste a lot of money on your divorce, and you don’t want to spend a lot of time on the divorce process either. The average length of a litigated divorce is... - Published: 2022-10-31 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/pandemic-relocations-have-wreaked-havoc-on-child-custody-arrangements/ The issue of child custody is typically an extremely emotional issue for both parents as they go through the divorce process. While the court is primarily focused on the best interests of the child, it is generally recognized that the healthiest situation, in most cases, is for both parents to be able to interact with and raise the child. Bethesda child custody attorney Brandon Bernstein can help you navigate this area with knowledge and tact. Maryland’s child custody laws were codified in 2020 pursuant to Maryland Rule 9-204. 1. The Rule allows parents to establish a mutually-agreeable parenting plan (“Parenting Plan”) that is in the best interest of the child. The Parenting Plan typically covers legal custody, which involves decision-making for the child, and physical custody, which is the time that the child spends in the parent’s care. What is considered to be in the best interest of the child? A number of factors are considered, including: The stability and welfare of the child. The relationships the child has with siblings, parents and other individuals in the homes of the respective parents. The developmental needs of the child such as cognitive growth, physical safety and emotional security. The day-to-day needs of the child including education, mental and physical health and socialization. The age of the child (the older the child, the more likely it is that their wishes will be considered. Typically in Maryland, children aged 16 or older will have their wishes taken under consideration by the judge). The relationship of the parents. Can they overcome their differences and try to work together in the best interest of the child? The location of the parents’ homes in relation to the child’s school and outside activities. A number of other factors to be considered are set forth in the Maryland law, but they all go to the question of evaluating what is in the child’s best interest. Once the parents agree to a Parenting Plan, it is presented to the judge. If the judge agrees, the parameters of the Parenting Plan will be included in a court order. Once the court order is entered, the Parenting Plan is enforceable. Change of Circumstances Let’s assume the parents have worked together to come up with the best possible Parenting Plan for the child and it’s working well. Then, all of a sudden, something arises to make it impossible to implement the Parenting Plan. Here in the Washington, D. C. metropolitan area, we often see a divorced parent who is unexpectedly sent to another country with his or her job as a military person or Foreign Service officer. This often upsets the Parenting Plan and requires the family to develop an alternative plan. The Pandemic also wreaked havoc on many child custody arrangements. Wanting to put more distance between themselves and others, many people moved out of small city apartments to larger abodes in the countryside or at the beach. Financial insecurity due to shuttered businesses caused others to try to find cheaper lodgings, often far away from the other parent. Still, others felt they needed a better support system due to all the stresses imposed by Covid-19 and moved across the country to be closer to family and friends. Many of these moves involved divorced parents, who were then put in the position of wanting or needing to reframe their Parenting Plan. Revising the Child Custody Arrangement In order to revise the child custody arrangement, the parent seeking to do so must show an underlying material change in the custody arrangements. This can include: The other parent interfering with court-ordered... - Published: 2022-09-30 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/does-alimony-automatically-end-upon-remarriage/ Going through a divorce is often extremely emotionally challenging and draining. And, in many cases, it causes significant financial challenges as well. If you’ve been ordered by the court to pay alimony to your spouse, it can be disruptive to your budget and lifestyle. Paying alimony to your ex-spouse can be a difficult, ongoing financial obligation. Though it typically doesn’t go on forever, as the purpose of alimony in most cases is to help non-earning spouses become financially independent, it can seem like it. So, what happens when an ex-spouse to whom you are paying alimony remarries? In most cases, alimony will terminate. But there are some exceptions to this general statement. Background of Alimony Awards In most states, there are three types of alimony: Temporary Alimony - Also known as pendente lite alimony, this is typically awarded while the divorce is in process to help the non-earning spouse maintain his or her standard of living. Short-Term Alimony - This can be awarded when the marriage was relatively short and, accordingly, the alimony typically is short in duration. Rehabilitative Support - This can be awarded to help a supported spouse get back into the workforce. These types of alimony have an end date which will be included in the marital settlement agreement or the divorce decree. In the case of long marriages, or where the spouse is unlikely to be able to support himself or herself, the court can grant long-term or permanent alimony. Maryland Family Law Section 11-108 provides that unless the parties agree otherwise, alimony terminates: On the death of either party; On the marriage of the recipient; or If the court finds that termination is necessary to avoid a harsh and inequitable result. Thus, by law, alimony terminates in Maryland upon remarriage of the spouse receiving alimony unless the parties have agreed to some other arrangement. Note that in some states, alimony doesn't end when the supported spouse remarries. For example, in Ohio, the paying spouse must petition the court to modify or terminate alimony and present facts that show a substantial change in circumstances from when the original award was issued. The judge can reduce or end support if the change in circumstances results in an unreasonable or inappropriate award. The court will take into account a change in the paying party’s wages or living or medical expenses. While a supported spouse’s remarriage often offers a strong basis to terminate alimony, it is not a foregone legal conclusion. What If the Parties Have An Agreement? Sometimes, the parties will enter into an agreement that alimony will continue even after the spouse who is being paid remarries. This might be because there is an amicable relationship between the parties or because the payor spouse wants to be sure that there are adequate resources for the children. Such an agreement might have been created for any number of other reasons. If the document is legally sound, the court will not challenge or question the agreement. In this case, alimony will continue even if the payee spouse remarries. Similarly, the parties may have entered into a prenuptial agreement that provides alimony will end upon the remarriage of the partner being paid alimony. In most cases, if the Prenuptial Agreement otherwise meets the legal requirements for enforceability of a contract, the agreement will be honored by the court. Does Cohabitation End Alimony? Does cohabitation end alimony? The answer is - it depends. There are a number of cases in Maryland that have litigated this question under the Family Law statute referenced above. The most important Maryland case is... - Published: 2022-08-31 - Modified: 2022-08-31 - URL: https://www.brandonbernsteinlaw.com/divorce-statistics-in-the-united-states/ There’s no lack of stories on the news or the internet about divorce statistics in America. Divorce has become a way of life not only in America but around the world. One major statistic is that divorce has been on the decline in the U. S. over the past decade. Some people speculate this is both due to people marrying later and fewer people marrying overall. Below are a few more divorce statistics that you may find interesting: About half of all marriages will end in divorce. About 40% of first marriages end in divorce. About 60% of second marriages end in divorce. On average, women file for divorce more than men. In many surveys, the state of Maryland ranks among the states with the lowest divorce rate. In 2020, the divorce rate in Maryland was calculated as 1. 7 divorces per 1,000. This is down from 1990 when the divorce rate in the State was 3. 4 divorces per 1,000. The state with the highest divorce rate is Arkansas, which saw approximately 10. 7 divorces per 1,000 in 2020. This might be explained by the fact that the age of marriage is younger in Arkansas than nearly anywhere else in the U. S. Experts say that the primary reasons for divorce in the United States are some form of spousal abuse, infidelity, and substance abuse. But of course, there can be any number of other reasons including lack of commitment, lack of communication, financial problems, differences in values, growing apart, and many other reasons. Cities in Maryland with the Highest Divorce Rates Homesnacks, an organization that analyzes data from the U. S. Census, specifically its American Community Survey and other public sites, has determined that these ten cities have the highest divorce rates in Maryland: #1 - Cumberland, Maryland The county seat of Allegany County, Cumberland is known as a transportation hub - it was a key road, railroad, and canal junction and known as Maryland’s “Queen City” in the 19th century. Cumberland has a population of close to 20,000. The city’s median income is approximately $41,000. The divorce rate is 11%. #2 - Hampstead, Maryland Hampstead is a conservative, rural town located in Carrol County, Maryland. The level and fertile land make it a successful farming community. The city’s population is 6,403, and its median income is $75,392. The divorce rate is 10. 0%. #3 - Bel Air, Maryland Bel Air is located in Harford County, Maryland. President Abraham Lincoln’s assassin, John Wilkes Boothe, was born in Bel Air. The population is approximately 10,102, with a median income of $60,476. The divorce rate is 10. 0%. #4 - Frostburg, Maryland Frostburg is a city in Allegany County and is part of the Cumberland, Maryland -West Virginia Standard Metropolitan Statistical Area. Frostburg is one of the first cities to be sited on the National Road, U. S. Route 40. Its population is 8,550, with a median income of $40,781. The divorce rate is calculated at 8. 0%. # 5 - Chester, Maryland Chester is a town located on Kent Island on the Chesapeake Bay in Queen Anne’s County, Maryland. It is close to Baltimore and Annapolis and also near to Maryland’s Atlantic beaches. The population is 5,073, and the median income is $39,682. The divorce rate is 8. 0% #6 - Hagerstown, Maryland Hagerstown is the county seat of Washington County, Maryland. It’s home to Antietam Battlefield and other important Civil War sites. The population of Hagerstown is 40,027 and the median income is $41,905. The divorce rate in Hagerstown is 8. 0%. #7 - Cambridge, Maryland... - Published: 2022-07-29 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/what-you-should-and-shouldnt-say-to-a-judge-in-family-court/ Family law typically covers such legal areas as divorce, divorce mediation, separation agreements, property distribution, child custody, alimony, child support, and prenuptial agreements. Even under the best of circumstances, these are charged issues and the parties can sometimes react very strongly, particularly when testifying in a courtroom. Judges are people like you and me. They generally respond well to honesty, politeness, and civility, and react negatively to falsehoods and rudeness. Following is a list of things to keep in mind if you are testifying on a family law matter in the courtroom before a judge and/or a jury. What You Should Say to a Judge in Family Court It’s important always to be respectful of the judge. He or she is entitled to deference simply by the position they hold, even if you disagree with their comments or rulings. This also holds true for other officers of the court with whom you may interact. To start with, greet the judge as “Your Honor,” never as “Judge Smith” or “Mrs. Smith. ” When you are asked a question by the judge, don’t nod your head “yes” or “no. ” Answer “Yes, your honor,” or “No, your honor. ” Showing respect for the judge and other officers of the court will go a long way toward showing the judge that you recognize the gravity of the situation and that you are also entitled to respect. If you’re in a position to have to speak to someone other than the judge or your lawyer, such as the bailiff or the clerk of the court, address them respectfully as “Sir” or “Ma’am. ” Always speak the truth. You will be sworn in, and you are under oath when you give your testimony. If you lie under oath, or otherwise give answers that are less than fully truthful, you can be “impeached” by the opposing side. To be “impeached” in a court setting means that your truthfulness and integrity have been attacked. If proven, this will undermine your integrity and testimony before the judge and/or jury. Speak in your own words. It’s important to be real. If you’ve memorized your response, or if it’s too heavily rehearsed, it’s likely you won’t sound authentic and the judge may find your testimony not credible. You should be familiar enough with your own case that you can speak knowledgeably without sounding overly practiced. What You Shouldn’t Say to a Judge in Family Court Don’t speak to the judge unless you are spoken to. Many judges have little tolerance for being interrupted or having the plaintiff or defendant raise issues without having been asked. Most judges have a process for their courtroom and cases, so be respectful and only speak when you are asked to. Don’t volunteer information that is not specifically asked for by the judge, the opposing attorney or your own attorney. Respond to the questions asked, but don’t offer additional information. Stay to the facts in your testimony and what you know or observed. In most cases, it’s best not to offer opinions or conclusions unless specifically asked. Be careful about your language. Don’t use vulgar or obscene words or phrases. Similarly, don’t say anything in the heat of the moment and speak in anger or hostility. It’s important to maintain decorum in the courtroom, and negative, aggressive behavior will reflect poorly on you and likely hurt your case. Be careful about saying anything that will be difficult to amend later. If an answer to a question is not definitive, be sure to express that uncertainty clearly in your testimony. For example, if you’re... - Published: 2022-06-30 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/what-you-need-to-know-about-private-versus-court-ordered-divorce-mediation/ Divorce is a difficult situation for all parties. People think and hope that their marital vows will last forever, but that’s often not the reality. What are the first steps when you or your spouse decide it’s time to exit the marriage? In Maryland, these are the options: File for a contested divorce in the Maryland state courts File for a non-contested divorce in the Maryland state courts Take part in court-ordered mediation Take part in private, voluntary mediation Over the past several decades, divorce mediation has become more of a preferred option for a number of reasons. A seasoned Bethesda divorce mediation attorney can help you if you’re facing an impending divorce. The Benefits of Mediation Private, voluntary divorce mediation and court-ordered divorce mediation generally have the same goals: getting the parties to think about, develop and agree to fair and reasonable solutions that will work for them. A second goal often is to avoid the uncertainty and costs of litigation. Specifically, mediation allows the parties to air their grievances openly and without fear of retaliation. In many cases, the parties are able to find creative and flexible solutions (with the help of the mediator) that a court would be unable to order in a court ruling. Note that mediators are bound ethically to be impartial, fair, and without bias. Frequently, the parties do reach an agreement, which allows them to avoid a trial and save substantial costs that would otherwise be paid to lawyers and the courts. Whether you’re taking part in court-ordered divorce mediation or voluntary divorce mediation, the benefits are substantial: A traditional divorce can cost upwards of tens of thousands of dollars; a mediated divorce will be substantially less, sometimes in the hundreds of dollars. In a traditional divorce, a judge decides how to structure the divorce. In mediation, you and your spouse, with the help of an impartial mediator, will decide the framework and the specifics of the divorce. If child support is involved, there is only a limited amount of customization a judge can offer. In mediation, there can be a high level of customization based on family circumstances. A traditional divorce can take between one to two years before a judgment is rendered by the court; in mediation, an agreement can be reached as quickly as within several weeks. A traditional divorce generally takes place in a public courtroom; a mediation is private and conducted behind closed doors. And there’s unquestionably more control and less stress in the situation when a divorce case is mediated. You should also be aware that, in any mediation, you are not required to reach an agreement or sign an agreement with which you disagree. So what’s the difference between court-ordered divorce mediation and voluntary divorce mediation? Court-Ordered Mediation Is Ordered by a Judge Circuit courts in Maryland are courts of general jurisdiction and handle major civil cases as well as criminal matters. These courts, which are located in each Maryland county as well as in the City of Baltimore, adjudicate juvenile and family law issues, as well as domestic violence. Each Circuit Court has a court-ordered family mediation program. Depending on the facts of the case, the Circuit Court may order divorce mediation. While each jurisdiction is different, typically, the court will order mediation in cases of child custody and marital property distribution. In cases involving sexual abuse or domestic violence, the court will not order mediation in order to protect the alleged victim. Each of Maryland’s Circuit Courts has a list of court-approved mediators. The mediators must undergo court-approved training, observe and co-mediate... - Published: 2022-05-31 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/divorce-protecting-your-rights-during-mediation/ In general, divorce mediation will help you resolve your issues with your spouse so that you can then file for an uncontested divorce. The process seeks to turn what is typically a confrontational process into a “win-win” situation. The core principle of mediation is self-determination. Should I Choose Mediation or a Traditional Court Divorce? In certain situations, mediation is not recommended, and it’s best to proceed with a traditional court divorce. These include: When there has been a history of domestic violence When one or both spouses are secretive about finances and assets When there is a high level of animosity between spouses The following situations may benefit from mediation: Where your children’s well-being is of primary importance When you are considering joint or shared custody When you want the process to be as civil and fair as possible When it’s important to keep costs down When you want some privacy around the issues and/or outcomes. What Are the Steps in Mediation? Mediation typically involves five steps: Introduction: The mediator explains the process and procedures, and then each party gives their version of the story to the mediator. Information gathering: Each party provides information regarding assets, financial records, and other relevant information. The negotiation: The parties express to the mediator what they would consider to be a fair settlement, and then the couple and the mediator work to come to a resolution of the issues. Drafting the agreement: Everything that the parties agreed to verbally gets put in writing. Signing and filing the agreement: When signed, the agreement will be filed with the court as an uncontested divorce agreement. How Does Mediation Protect Me and My Rights? In nearly all cases, you can better protect yourself and your rights if you choose mediation. When you proceed with the traditional, contested divorce route, you’re subject to the court’s Rules of Evidence, which may include or exclude evidence important to your case. You’re also subject to the potential biases of the judge. Judges only have a limited number of options available, and his or her rulings lack the kind of flexibility you have when you and your spouse develop the framework for your divorce. Mediation protects you and your rights in the following ways: First, the mediator is trained to help you understand the various options available to you regarding custody, visitation, financial arrangements, college expenses, health insurance and other issues. Often, the mediator will offer solutions that you or your spouse haven’t thought of. In most cases, this collaborative way of making decisions leads to a better outcome than one decided by a judge. Second, mediation protects your money because it is much less expensive than litigation. On average, couples spend $20,000 for a court-supervised divorce. Mediation can cost several thousand dollars or less if you’re a couple that should be pursuing mediation. Third, mediation protects your time. While the exact amount of time it takes to come to a resolution in mediation will depend on such factors as the complexity of the issues and how well you and your spouse communicate. In nearly all instances, it will be much less time-consuming than a divorce case that goes before a judge. On average, contested divorces take approximately 18 months. Uncontested divorces are resolved in a shorter period of time but typically take at least several months. However, mediation can be completed in a matter of several weeks. Fourth, if you can’t reach an agreement, you can walk away from the mediation negotiations. Agreements reached in mediation are only finalized when both parties are satisfied with the result. While a... - Published: 2022-02-01 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/latest-insights-into-divorce-for-men-whats-new/ An Evolving Landscape & New Challenges, Pandemic Related & Otherwise, Impacting the World of Divorce for Men Men and women face different challenges when heading into a divorce, and in terms of divorce for men, the perception by many has long been that they are at a disadvantage in such scenarios. It seems that the odds of achieving the most desired results in terms of big ticket issues such as child custody and child support, as well as alimony, place men at a disadvantage; or at least this is the way the topic is often presented in movies and television shows. The truth is that's not necessarily how it always plays out, and the facts of a case are its most important determining factor. From one case to another, many variables will be entirely unique. Further, it's becoming more common for men to desire, seek out, and effectively obtain something such as primary child custody. Divorce on the whole has evolved in modern times, and divorce for men has specifically too, even within just the past few years. One of the primary ways that divorce for men has continued to do so relates to, of course, the pandemic. Two years of managing the pandemic and its impact has not only led to increased divorces and overall added marital burdens, but has created a new set of challenges when it comes to the process itself. Working from home, and home schooling, has meant that keeping the home is also keeping the home office, and that whomever is in the home also is the one in charge of home schooling. This creates several layers of new complications when it comes to the separation and divorce process, and the relocation process, if that applies. Then, you can take that same consideration into the home, and apply it with child custody itself. Whichever parent receives primary custody will need the physical space in the residence, as well as the time and appropriate resources, to continue managing all of the above. In cases where shared custody is the outcome, then both parents will need to able to manage this separately. Another ongoing issue to be aware of in terms of divorce for men is the role of the cryptocurrency market. More money is being invested and stored or managed by more people in these markets, and the majority of those involved are men. While it might be easy to imagine this as a “safe haven,” holdings in Bitcoin and other cryptocurrencies acquired during the marriage may be considered marital property and subject to division. Adding to that is the volatility of the market. You might imagine you're trying to stash away a certain amount and end up with half of that value in a short amount or time. Whichever side of the issue you may be on, divorce always presents its own unique challenges and burdens. Deal with a seasoned divorce attorney for men in Maryland who knows how to best advocate on your behalf by calling our office for a free consultation at 240. 395. 1418. - Published: 2022-02-01 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/two-years-of-pandemic-life-taking-its-toll-on-stressed-families/ Increased rates of divorce and separation, among overall increased stress and household challenges, continues impacting families Few people imagined the country and the world would still be coping with the Covid-19 pandemic after two years, but it's become a constant presence in almost everyone's life. That lengthy period of time has also allowed for the evaluation of the pandemic's impact, which we see in terms of cases, deaths, and hospitalizations, not to mention on its economic impact, but there's also a real and ongoing negative impact on mental health. The New York Times published a survey in December about the growing mental health crisis unfolding across the United States, based on a survey of 1,320 therapists. While these professionals are based across the country, meaning in all different political landscapes and regions, the results and responses were largely the same: individuals are struggling. When individuals struggle, their loved ones do as well. And when it comes to couples and families, the struggle can become a shared and damaging experience, one with the potential to stress the very foundation upon which it was built. This is true both for couples who may have considered themselves entirely happy beforehand, as well as for those who may have already been feeling the weight and strain of marital conflict. A few interesting statistics from the survey include that nine of 10 therapists are reporting that more clients are seeking their care, and that they're often too busy to handle it, with a backlog of appointments and potential new patients. Further, six in 10 are reporting that more clients are also seeking medication in the form of anti-anxiety pills or antidepressants. Then you can probably imagine how such issues can become further complex in relation to home life within a marriage and for a family. Children are often learning from home, and aren't able to participate in the same types of activities and events they otherwise would. Parents are juggling their kids being at home, while perhaps also working from home themselves. Financial concerns, not having enough space or time for everyone, trying to do too much at once, it all leads to more stress, worse communication, and on down the line from there. This hasn't been an easy period for everyone, and if the pandemic has impacted not only your personal well-being, but your health and happiness within your marriage, it's important to take the appropriate next steps. Call our office at 240. 395. 1418 to set up a free Maryland divorce consultation, whether you'd prefer to come in for an in-person meeting or conduct a virtual appointment. - Published: 2022-01-20 - Modified: 2022-01-20 - URL: https://www.brandonbernsteinlaw.com/things-to-consider-before-a-divorce/ Understand your Finances This may seem pretty basic, but I speak with people who are pursuing a divorce and have almost no information about their shared financial situation. There are a lot of situations where financial information is not known or shared between spouses. A few key items to understand, or at least have general numbers around include: What is the value of your home and how much do you owe on any outstanding mortgages? What is your total annual household income? What is your current monthly budget for household expenses? Are there retirement accounts like a 401(k) or an IRA? What financial institution are they with? Having some basic knowledge about your financial situation gives your attorney the information they need to formulate the best plan for the divorce process and give you sound advice. Think about if you really want a “tough” attorney Divorce is typically a very emotional experience that is driven by difficult feelings towards your spouse. This leads a lot of people to find an aggressive or “tough” attorney, believing it’s the best way to deal with a difficult spouse. Your spouse may be your enemy, but our goal is to get you through the divorce process as cost-effectively and smoothly as possible. This means knowing what to fight for and knowing when it’s time to compromise. While many clients do not initially favor this approach, it has proven to yield the best results over and over again. Do not take legal advice from friends When your friends and family become aware of your divorce you will very likely be hit with an endless stream of information and advice. While the support of your friends and family is important, they are not lawyers, and some of the things that people will tell you “about their divorce” are just inaccurate and misleading. Do not let someone else’s stories about a completely different situation drive your decision making. Your attorney who is familiar with your unique situation is the only person who is qualified to give you legal advice. Do not discuss divorce on social media This should be fairly obvious, but you should never discuss any element of your divorce on social media. There have been several occasions where screenshots of social media comments end up being evidence in court, which is never a good situation. Keeping the details (and even plans) of your divorce private is in your best interest. It’s also a good idea to restrict your access to social media so that your spouse or their relatives are not able to cause any type of trouble for you. Understand the tax implications of your decisions Regardless of how you feel about your soon-to-be ex-spouse, you do have an enemy in common in the IRS and other tax-collecting entities. There are several tax implications in the timing of the divorce, how support will be paid and how any assets will be sold. Work with your attorney (and your spouse) to ensure that what you are doing protects your assets from State and Federal taxes. Everything in writing You will likely have multiple discussions with your spouse and hopefully will be able to work towards some solutions. Whether you are discussing strategies for co-parenting, finances or asset division, having everything in writing is to your benefit. It keeps a clear record of the things that have been settled, and helps to hold both parties accountable. Preparing for divorce can be an overwhelming process. However, the more time and energy you invest into proper planning and preparation, the better the outcome of the process.... - Published: 2021-09-09 - Modified: 2024-10-24 - URL: https://www.brandonbernsteinlaw.com/divorce-for-business-owners-in-maryland/ High Assets & Complex Spousal Support Situations Asset Protection for Maryland Business Owners If you are facing a divorce, you are likely concerned about the impact it will have on your financially. If you are a business owner, you have to think about how the divorce and subsequent asset division will affect you both personally and in your business. In most cases, Maryland would consider a business owned by one spouse a marital asset, and it’s therefore subject to equitable distribution. Keeping Your Business Safe and Stable Through a Divorce The very best way to keep a business safe through a marriage is to have a prenuptial agreement. Without a prenuptial agreement, it can be difficult to get a business qualified as individual property. If the business was started before the marriage, and no marital assets were used to support or maintain the business, that can help your case. Buying Out Your Spouse When your situation will not allow for you to maintain full ownership of your business through a divorce, you may want to consider “buying out” your spouse. There are a number of ways to do this: Outright pay your spouse’s portion (financing the amount if needed) of the business in cash. This amount would be negotiated by your attorney, your spouse’s attorney and would need to be approved by the court. Give up some other concession (the family home, a retirement account, etc) in exchange for maintaining full control and ownership of your business (again, this would require both attorneys working towards court approval for whatever agreement you reached) Negotiating a schedule where you can buy them out over time or use the business to continue to support them financially. Why Does My Spouse Get Part of MY Business? Anyone who has started and maintained a business understands the difficulties of running a business. The idea of losing what you have built can be terrifying, which is why Brandon works hard to protect the continuity of your business and the income it provides you. However, simply being the person who “put in all the work” does NOT entitle you to full ownership of the business after the divorce. In cases where one spouse stayed home with children to allow the other to run the business, it will likely be seen as a marital asset. The Maryland family law courts use the same logic for general income; they will always consider when one spouse is home taking care of kids instead of making an income. Business Protection Planning Through Divorce Every situation is unique, which is why Brandon offers a free initial consultation to business owners (or their spouses) who are considering divorce and are concerned about their financial situation. The earlier you can start planning for the protection of your business and the related income through your divorce process the better off you will be. Call today to get started. - Published: 2021-07-19 - Modified: 2021-07-19 - URL: https://www.brandonbernsteinlaw.com/bethesda-family-law-attorney-for-medical-professionals/ Divorce Lawyer for Medical Professionals Near Walter Reed and the National Institute of Health Facing a divorce and working through the process of selecting a family law attorney is not always easy. For doctors, nurses and medical professionals, that process can be even more challenging due to a demanding schedule and work days that are physically and mentally stressful. Brandon Bernstein is located in downtown Bethesda just steps from both Walter Reed and the NIH. He has extensive experience working with doctors and medical professionals to help them secure the best possible outcome from their family law situations. Selecting the Right Attorney is Critical to the Success of the Divorce Process Every divorce is unique and so are the people involved, but ultimately divorce is about communication. It’s about you and your soon-to-be ex-spouse communicating about financial matters and arrange how time with minor children will be shared. It’s important that you feel able to communicate with your family law attorney easily and effectively. Whether you are getting ready to file for divorce, responding to a petition for divorce or looking to work through custody or post-decree issues, Brandon can help. He has successfully worked with a wide variety of clients in Maryland and the Washington D. C. area. His experience with doctors and medical professionals have made him well-versed in complex schedules, high incomes, business ownership and retirement accounts. During a free consultation, you can explain what you are most concerned about and Brandon can help you understand how the law applies to your situation and the best way to approach it. Unique Challenges to Medical Professionals & Doctors Facing Family Law Issues No family law issue is easy. Whether you are ending a marriage or trying to work through what is best for minor children, the stakes and emotions can get high quickly. Family law issues involving doctors or surgeons can be difficult because of rigid schedules and last-minute adjustments. Issues with income are also common as ownership of a medical practice can make finances complicated. Working with an attorney who understands you and your unique challenges can make for a much better process and outcome. Meet Brandon in a Free Consultation Take the first step towards finding the right lawyer for you by taking advantage of a free initial consultation with Brandon. He is available to meet over the phone or video, in person in his office or in some cases may be able to come to you. Brandon’s experience and expertise in family law combined with his knowledge and understanding of medical professionals makes him a great match for Walter Reed and NIH employees. Call or email today. - Published: 2021-06-22 - Modified: 2021-06-22 - URL: https://www.brandonbernsteinlaw.com/divorce-conflict/ It can seem like conflict and divorce go hand in hand; after all if there was no conflict in the marriage, they wouldn’t be getting divorced right? However, the conflicts that may have led to the decision to get a divorce do not have to paint the entire divorce process. The reality is, you can make your divorce more cost-effective and efficient by working with your spouse to avoid conflict. Once it’s determined that the marriage is over, it’s time to focus on resolving the key issues to get the divorce finalized. Reliving old arguments and over valuing items from around your home is only going to make things more difficult and expensive. Maryland Family Law & No Fault Divorce The divorce laws in Maryland can be confusing; while there are grounds for a “fault” divorce in Maryland it typically is more trouble than it’s worth. In most divorces, there is no clear benefit to establishing fault so it’s better to agree on key items and work towards a no fault divorce. Issues to Resolve in a Divorce There are a few key issues to resolve in any divorce: Asset & Property Division - Determining Marital Property vs. Non-Marital Property On-going financial commitments (child support, alimony or spousal support) Shared custody of minor children The above issues are the only issues the judge assigned to your case will be interested in. They will not be interested in helping you resolve arguments. Generally speaking, the judges will approve most agreements that the spouses are able to work out. Going into court and asking them to resolve the issues for you is more expensive, gives you less control and is much more time-consuming. Conflict in a Divorce - a Very Expensive Argument The issues that need to be addressed in a divorce are again, asset division, financial commitments and the arrangements for shared custody. The more that you and your spouse can agree upon, the more efficient and cost-effective your divorce process will be. Hiring lawyers for hundreds of dollars an hour to argue over items is not a good use of resources. Focusing on what’s important and trying to agree on as much as possible is what will give you the most control over the process. Mediation & Low-Conflict Divorce Mediation and other forms of alternative dispute resolution have been gaining in popularity in Maryland and around the U. S. This allows the divorcing spouses to take more control and work towards resolving the key items to get their divorce finalized. Low-Conflict Divorce does NOT mean that one party will “win” and one will be treated unfairly. It means that both spouses are dedicated to the idea of resolving the custody and financial issues in a reasonable fashion that is in accordance with Maryland family law. Conflict in a Divorce & Children Not only is a high-conflict divorce expensive, emotionally taxing and time consuming, there have been many studies all concluding basically the same thing; conflict in a divorce is very hard on the children involved. Whether the children are actively being used to communicate / argue between spouses or are simply aware that they are a part of the conflict it can have a dramatic and lasting effect on everyone involved. Further Reading For more information about conflict in divorce and the effect it has on the children of divorce, see these articles: Understanding the Effects of High-Conflict Divorce on Kids - Psychology Today Children of High-Conflict Divorce Face Many Challenges - Psychiatric Times How Children Cope with High Conflict Divorce - MentalHelp. net - Published: 2021-04-30 - Modified: 2024-10-24 - URL: https://www.brandonbernsteinlaw.com/home-equity/ For many of my clients, the primary home is the most valuable asset they own. “What to do with the House” can be a big sticking point in any divorce. It’s important to understand what home equity is and how it can affect the financial aspect of your divorce. The following is general information and should not be taken as legal advice, to learn more about your specific situation, take advantage of a Free initial consultation with Brandon by calling 204-395-1418 today. What is Home Equity? In the most basic terms, home equity is the part of the house you own. Typically when people purchase a home, they do not pay for the entire price. Typically buyers make a down-payment for a percentage of the home’s price, and then take out a loan called a mortgage to cover the rest. “Home Equity” refers to the difference between the value of the house and the amount of the mortgage. Here is a very basic illustration; we will use the example of a $300,000 house and a 20%, or $60,000 down payment. Using those numbers, you could say this buyer has $60,00 in “home equity” at the time of their purchase. How Does Maryland Divorce Law Treat Home Equity? Home equity is just like an other asset in a divorce, but unlike a checking account, home equity can be more difficult to calculate as it doesn’t have as clear value. The home can also play a huge non-financial role in a divorce as well, especially when minor children are involved. Maryland family law uses the principle of “Equitable Distribution” when determining asset division in a divorce. There are times that means a straight 50/50 split of all marital property, but that is not necessarily always the case. Will We Have to Sell the House as part of the Divorce? Every case is unique. If the two spouses are unable to agree on who will keep the house, selling it and splitting the proceeds can be a good solution. There are also cases where one spouse “buys out” the other house, either through a negotiations and giving up other assets, or, more likely, refinancing the house to pull out some of the equity and “pay off” your spouse. What Role Does Home Equity Play in My Maryland Divorce? Since the home is typically the most valuable asset that is shared between spouses, home equity can play a huge roll in a divorce, especially when one spouse is planning on keeping the house. The value of the home, amount of the monthly mortgage payment, amount of equity in the home and who plans on keeping the home are all key issues in resolving a divorce. Why Should a Home Valuation be Part of the Divorce? I caution my clients about taking the word of their spouse when it comes to the value of the house. Here are two different scenarios, using the same numbers from above. So we had started with our $300k house and a $60k down payment. The couple has been making their monthly payments for a few years, so one spouse assumes that they maybe now have $70k in equity, since they have only paid down the principle of the loan by $10,000 . The spouse who is staying in the house offers $40,000 as a buyout to the spouse who is moving out. The spouse who is leaving the house thinks that since they maybe only entitled to $35,000 (half of the estimated equity) that the $40,000 is a great offer and is inclined to accept. However, after... - Published: 2021-01-28 - Modified: 2021-01-28 - URL: https://www.brandonbernsteinlaw.com/preparation-check-list-for-divorce-or-not/ Financial Records -- Home & Property Information Finding yourself getting ready for a divorce can be a daunting process. You probably are having feelings that are causing anxiety and uncertainty. Whether or not you end up choosing to get a divorce, this article may be able to help you calm down and feel like you have gained some control. This list is helpful for people who are preparing to get divorced. However, this list is meant to help ANYONE compile and organize information that is important to have whether you choose to get divorced or not. This is simply having your swimsuit with you whether you decide to go into the pool or not. Step 1 - Securing Your Communications If you still live with your partner and anticipate getting mail (from an attorney, a new credit card or other statements you need to keep private) you may want to open a PO Box. It is also important to think through all aspects of your security as it pertains to technology, accounts and devices - that includes: Changing passwords / creating new accounts Think about the obvious stuff like Facebook / Messenger / Whatsapp / Instagram / SnapChat and more... also think about if and where you have 2-step verification set up. Is that set to your phone number? Is your spouse’s email set up as a secondary email? Because those types of openings can allow them to gain access. Social Media Settings Your friends list If your friends list currently set to public or private? Is there any reason to think your spouse would be contacting your friends? Can you be publicly “tagged” in other people’s pictures? In your privacy settings you can allow or not allow other people to tag you in pictures. Whether it’s an emotional spouse tagging you in old wedding photos or a vindictive spouse tagging you in some stupid meme... you don’t need that. Turn off settings allowing others to tag you publicly. A Google / Gmail Account A very good way to manage all of this is by creating a new email account. If you chose to do that through gmail, you will also have the option of using their documents, spreadsheets, and Google drive under that same account. Gmail - A private gmail account can be used to communicate with your lawyer or close friends. Docs - This is basically like a word document online. A great place to keep lists, make notes or simply copy & paste text from other places. You can create a folder that will help keep everything organized. Drive - Google drive is an online storage service. So this is what you would use if you had, for example, a PDF of your tax returns or some other document that needed to be uploaded. Spreadsheets - Even if you do not have a lot of experience using spreadsheets, this would be an easy place to start adding up numbers for a budget. Don’t Share More than you Need to While you are making efforts to gather, organize and protect personal information digitally, do not forget to do it in real life as well. Be careful about who you share information with. Many of my clients have been surprised by how quickly information traveled back to their spouse from “trusted” friends. Step 2 - Legal Documents A Will, Healthcare Directive or other estate planning documents Any documents that are available should be reviewed and if possible, get a copy to store in your Google account. Prenuptial agreement If you have a prenuptial agreement, it’s important that... - Published: 2020-12-18 - Modified: 2024-10-24 - URL: https://www.brandonbernsteinlaw.com/2020-year-in-review-for-family-law/ This has been a challenging year for most people. The Covid-19 pandemic has affected the economy, our personal health and relationships, how we relate to others in public and so much more. The isolation and stay at home orders have created a lot of challenges in marriages and caused increased divorce rates in some states. The pandemic has created a unique set of challenges for unmarried and divorced parents who share custody. Following advice about only being around “people in your household” becomes a real challenge when children move between two households. There have also been a number of issues with support payments due to the volatile economic situation many parents are facing. More Bad News: Nothing is going to Magically Change at the Beginning of 2021 Regardless of all the memes and funny t-shirts about 2020, very little is going to change because of the new year. While there is a lot of hope around the Covid-19 vaccine, we will be facing production bottlenecks and limited available for the foreseeable future. Most students will still be distance learning, people will still be working from home, and we will likely see the economy continue to struggle. So what are some steps we can take to try to help our situation get a little better? Here are a few basic suggestions: Embrace Opportunities We are all facing difficulties. There are times we can find opportunities in them. There has never been a better opportunity to get involved in your child’s education. With extra time you can learn a new craft or pursue a new hobby. We can choose to be bored or we can look at it as if we have been given the gift of time. Work on Boundaries Setting and defending boundaries is something a lot of people struggle with, especially with their co-parents. The safety of your children is obviously of the utmost importance, and this pandemic has created a lot of awareness as well as a good opportunity to work with your co-parent on how to keep your children safe during this challenging time and communicate clear expectations. Explore New Financial Options While many are struggling financially, there are certain industries that are booming and creating a lot of opportunity. Delivery drivers and personal shopping services are quickly growing and provide a lot of schedule flexibility. There are also countless home classes where you can learn a new skill that could lead to a new post-Covid career. Review Family Law Documents This is also a good time to review family law documents or your divorce agreement. If you have lost your job and your spouse’s income has been unchanged, you may be eligible for a review of your support payments. If your children’s home schooling has become a challenge for one parent this is a good time to review how you can share that responsibility and work towards what’s best for your child and their education. We Can Work to Make 2021 Better While nothing magical is going to happen on Jan 1st, we can all take some steps towards bettering ourselves and making our children’s’ lives better as well. Most of us find more time on our hands, and that is truly a rare and valuable thing. I think we’re all caught up on Hulu and Netflix at this point, so let’s try to work towards making 2021 a great year. - Published: 2020-07-03 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/how-to-make-the-most-of-your-virtual-attorney-consultation/ Tips for Virtual Meetings with Your Divorce Attorney Our office is continuing to host remote, virtual sessions with our current and prospective clients. It's one way we can help do our part to ensure that everyone stays as safe and healthy as possible. For you, it's also hopefully a convenient solution which provides a number of benefits. Still, many people have questions about how the whole process works. Here, take a look at a quick guide with some helpful tips so that you can make the most out of your virtual divorce attorney session. Test Your Tech The quality of a virtual consultation or meeting is dependent on the quality and reliability of the tech that you're using. If you haven't already been conducting virtual meetings for work, or hangouts with friends and family, take a moment first to be sure you have the right tools installed, and that you've tested them so that you're confident that they're working properly and that you know how to use them. Also, as there are a variety of different video conferencing technologies and tools, be sure to get on the same page with your attorney about which system will be used. Come Prepared It's easy to think that since you're not going anywhere for the meeting, that you don't need to "bring" anything with you. Still, it's best to come as prepared as possible, with all of the information and documents you might need handy. That way, nobody is wasting anytime looking for material they could have had in front of them, and meetings don't need to be rescheduled in the event that something necessary couldn't be found. Be Confident in Confidentiality Just because you're meeting via a computer screen as opposed to in-person, it doesn't mean that anything changes in regards to attorney-client privilege and confidentiality. Our office also takes steps to ensure the security of the technology that we use for our meetings, so that everything which transpires is secure and confidential. You should feel free to be as open and honest with your attorney in this setting as you would in any other. Get in the Right Space Along those same lines, find yourself a nice private space in which you feel comfortable for the meeting. You want an area that's private and one that allows you to speak freely, as well as avoiding interruptions. The first time that we try anything new, there's always a bit of hesitancy and uncertainty. But virtual attorney consultations and meetings are intuitive and easy, and we aim to provide the same service and support as we always do. Give us a call at 240. 395. 1418 if you have any questions or you're ready to schedule your own remote attorney meeting. - Published: 2020-07-03 - Modified: 2020-07-03 - URL: https://www.brandonbernsteinlaw.com/does-the-perfect-divorce-exist/ With the Right Mindset & Goals, Great Outcomes Can be Achieved Last year, the New York Times ran a multimedia project titled The Perfect Divorce. The piece told the story of one couple's journey from love to divorce, with changing priorities and life crossroads along the way, followed by an amicable split and continued pursuit of happiness. Which leads us to the question: does the perfect divorce exist? The first step in considering that answer is realizing that what's "perfect" for one person won't be for somebody else. Therefore, a divorce that is perfect, or as close to perfect as possible for you specifically, is one that matches your goals, preferences, and priorities. That's why it's essential to begin the process by taking the time to determine what it is that you're looking to achieve, and how you're looking to do so. For instance, for some individuals, eliminating stress, as well as the time and potential ugliness of a drawn out courtroom battle, is the top priority. In such instances, divorce mediation is an option which is bound to produce the best outcome. Each party has more direct control over the final resolution, in a setting in which compromise can be more easily achieved, as long as both sides are willing. In other instances, fighting for child custody or other specific outcomes and obtaining that goal above all others is more important, and a hard-fought and aggressive courtroom battle may be appropriate instead. That might produce the "perfect" outcome for you here, but not for the person who would have preferred a more amicable mediation process. It's also essential to keep in mind your changing life priorities. Now more than ever, people are taking control over the directions of their lives at all steps of the journey. That's why the prevalence of so called gray divorces is continuing to increase so greatly. It's never too late to get the fresh start that you crave, and achieving that outcome with a divorce later in your life may be perfect in and of itself. So is the perfect divorce possible? It may be difficult to achieve, but the answer is yes. With the major caveat that it can only be perfect for you if it's aligned with your own goals and priorities. - Published: 2020-07-03 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/maryland-covid-19-divorce-family-law-faqs-resources/ Important Information & Tips for Family Law and Divorce in Maryland During the Coronavirus Pandemic There have been many pressing concerns and changes to our daily lives as a result of the coronavirus pandemic. For individuals beginning the process of divorce, or in need of a hearing or motion for any number of other family law matters, the pandemic put everything on pause. As the country continues with the endeavor of reopening, it's important to take a look at some of the frequently asked questions we've seen from our clients, and provide as much up to date information and resources as we can to help guide you through the process. Is the court currently open? Yes. The Montgomery County Circuit Court, which is responsible for local family law cases and proceedings, is currently in Phase II of its five-phase reopening, with a limited number of services available, and an emphasis on remote hearings. Currently, matters such as case rescheduling, along with mediations, protective orders, and non-emergency guardianships are being handled. What are the future phases of Montgomery County Circuit Court's reopening? Phase III (July 30-August 30): Additional services include pendente lite hearings, adoptions, child support, settlement hearings, and court-ordered mediation. Phase IV (August 31-October 4): In-person hearings and trials for family law proceedings will resume as needed. Phase V (October 5th onwards): At this point the courts are considered fully open and operational. Are there more divorce cases as a result of the pandemic? It's difficult to gauge numbers in real time, but there are certainly increased risk factors involved. The many, many stressors of this period of time have increased the likelihood of arguments, not to mention the chances of physical and emotional abuse, while also forcing some individuals to reevaluate their lives. What the court system certainly has seen and can be verified is a backlog of cases. This is due to their closure for a 3-month period, which has forced many existing cases to be pushed back, followed by a rush of new cases being filed. Are you conducting virtual meetings? Yes, our office is conducting virtual consultations, meetings, and even mediation sessions. We're committed to helping our clients stay safe and stay healthy, and we'll continue to stay on top of the latest developments and changes as the pandemic continues. Where can I find more information? Visit the homepage of the Montgomery County, Maryland Circuit Court. Two specific documents of interest include the full reopening plan (PDF), and the progressive resumption of judiciary operations order (PDF). For more information or to schedule your own appointment, feel free to call us at 240. 395. 1418. - Published: 2020-06-08 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/what-to-know-about-virtual-attorney-consultations/ Virtual Family Law Meetings in Maryland As we all navigate through these unprecedented times together, The Law Offices of Brandon Bernstein is working to continue providing our services to current and prospective clients. Virtual consultations and meetings have proven to be a great avenue for this, but we recognize that some people may still have concerns. So what's involved, how does it work, and how does it impact the experience you have? You Still Have Confidentiality & Privacy Conducting a virtual meeting with your attorney does nothing to reduce the standard of privacy and confidentiality. There is absolutely still attorney-client privilege, and only the people who need to be in the meeting will be able to see or hear any of the video. We'll also work with you to use the meeting service or software that you're comfortable with, while ensuring that we use secure protocols for connections to keep private meetings private. The Same Personal Attention & Support Virtual meetings are more than a phone call. With a video-based meeting, we'll be able to engage in a more authentic fashion, and offer the same level of personal attention, support, and compassion that we've always been known for. There may be a physical distance between our clients and ourselves, but we won't let there be an empathetic one. Goals & Outcomes Can Still be Achieved A virtual meeting can help you achieve the same goals and outcomes that you were hoping for and would have worked towards from an in-person meeting. While there may be a backlog for in-person courtroom cases, motions and procedures, everything else involved in the legal process can be conducted virtually. The Many Benefits of Virtual Meetings A virtual appointment with our team offers a number of other benefits. In regards to the coronavirus, it of course reduces the chance of transmission between other people and ensures you stay safe, and stay home. It's also convenient, with flexible scheduling and no need to physically bring yourself to our office location. Not only that, but there's also a range of other potential benefits. When it comes to a meditation session, for instance, you will be sharing a computer screen as opposed to being physically together in the same room. As a result, you may feel a greater sense of comfort and less anxiety, as virtual sessions may help in avoid a triggering confrontation or argument. Our priority is your health and wellbeing, while continuing to provide you with the services you need and depend upon. Call our office at 240. 395. 1418 for more information about scheduling a virtual family law meeting in Maryland. - Published: 2020-06-08 - Modified: 2020-06-08 - URL: https://www.brandonbernsteinlaw.com/maryland-child-support-law-changes-payment-calculations/ New Law Will Affect How Child Support in Maryland is Calculated This fall, Maryland is changing its law regarding the calculation of child support. How much child support one party will be required to pay is by far one of the most frequently asked divorce questions, and the new law is set to make a major impact. The update will impact the qualifying threshold separating shared and sole custody. Let's take a look to see specifically what it means and how it may impact you. Here's the breakdown: The new legislation reduces the overnight requirement to qualify for shared custody from 128 to 92 nights; This is an effective drop from 35% of the year to 25% of the year; Parents whose agreement has them with their children for two nights each week, for instance, now qualify for shared custody; Different calculations will be used for every percentage point between 25% and 30%; The new law goes into effect on October 1st; The new law is not retroactive but it can be applied if you file a motion to modify your child support agreement. Of course, it's still worth noting that the number of overnights is not the only factor which affects how Maryland child support is calculated. This sets the bar for sole or primary physical custody and shared physical custody, but from there, other factors are still involved. This includes, of course, the income of both parties, in addition to certain expenses already paid, such as health insurance costs for the child as well as work related day care expenses. If you have any questions about the upcoming change to Maryland's child support calculations or if you're in need of family law attorney for any reason, don't hesitate to call our office at 240. 395. 1418 for a free consultation. Our office is also conducting virtual consultations to help provide a convenient and safe solution for you during the current times. - Published: 2020-04-21 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/domestic-violence-abuse-a-major-threat-during-coronavirus-pandemic/ Sheltering In Place Protects Public Health But Endangers At Risk Spouses and Children The coronavirus pandemic has continued rampaging across the country and around the world. The death toll has been horrifying, and the economic damage severe. There are other looming threats as well, including many which have been overlooked or underreported. Right at the top of the list is the risk of increasing domestic violence cases in the midst of the pandemic. At first, many people wouldn't understand the connection, however, once you see the risk factors involved it's easy to see how the pandemic has created a nightmarish situation for the victims of domestic violence and abuse. Strict lockdown or shelter in place policies have meant that these at-risk individuals are quite literally trapped at home with the person who is causing them emotional and physical harm. At risk individuals can no longer flee to a friend's or family member's house for the night or the weekend. They may not be able to find new temporary or permanent housing for themselves, or be able to afford to do so, either. Further, in many cases, people are not only home together, but are home together for far longer periods of time than they would otherwise, without going to work for larger portions of the day and week. Not to mention that the pandemic has elevated everyone's stressors to a high degree, creating a potentially volatile and explosive set of circumstances. On top of all of this is the reduced capabilities of police officers and emergency responders to quickly and efficiently respond to calls pertaining to domestic violence. With their efforts and energy diverted elsewhere, these are the types of calls and cases that often fall through the cracks. Unfortunately, domestic violence calls often fall through the cracks even in the best of times when there isn't a pandemic changing our very way of life. The United Nations Secretary General António Guterres has even spoken out on the subject of domestic violence risks during the coronavirus pandemic. It's now become a topic talked about in outlets such as The New York Times and NPR, though with such a quick news cycle these days, and so much depressing news to sort through, it's still far from the forefront of most people's minds. If you or a loved one is at risk of domestic violence, consider visiting TheHotline. org, home to the National Domestic Violence Hotline. If you need legal assistance in the state of Maryland or have any other questions, call our office at 240. 395. 1418. - Published: 2020-04-21 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/virtual-divorce-consultations-family-law-conferences-now-being-offered/ We're Offering Free Online Divorce Consultations, Conducting Virtual Divorce Mediation & More With the ongoing coronavirus pandemic, it's essential that everyone does as much as possible to adapt to our new environment. That's why our team is now offering virtual divorce consultations in Maryland, and hosting online meetings to cover a full range of family law needs and services. Deciding to open up a new avenue of meeting with our clients is a matter of necessity to abide by regulations for sheltering in place, staying at home, and social distancing in Maryland. Instead of simply cutting off the ability to meet with clients, we're bringing those meetings and consultations into the digital sphere. This is important right now, but also as we look to an uncertain future as well. Even if and when regulations are loosened or lifted, there are still going to be prolonged periods where it's best that most people stay home as much as it is possible to do so. Further, virtual family law consultations are simply convenient and efficient for many of our clients. Now you don't have to worry about finding the time to drive to our Bethesda, Maryland offices, to fight off traffic, or anything else. We'll find a convenient time where we can sit down together virtually and discuss all of the pertinent matters surrounding your case. One of the chief concerns with hosting virtual attorney meetings and consultations is maintaining your security and privacy, as well as the confidentiality of what's discussed. That's why we follow stringent protocols and only use technology that's deemed safe, secure and reliably effective. We also vow that we're going to bring the same tireless commitment, personal attention and passion to your case as we've always done. Whether we meet you face-to-face or screen-to-screen, you'll be receiving the highest level of support and service as we advocate on your behalf. Virtual attorney sessions available will include free initial consultations with new and prospective clients, as well as all manners of remote conferences and meetings for your current or upcoming case. We're also providing virtual divorce mediation sessions for our clients who may be looking to find perhaps less stressful and more direct solutions between parties. If you have any questions or you're ready to schedule a free virtual family law attorney consultation for yourself, call us directly at 240. 395. 1418. - Published: 2020-04-20 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/proposed-change-to-maryland-divorce-grounds-even-more-important-in-post-coronavirus-world/ Allowing Couples to File for Divorce While Living In Same Home May Prove Valuable After COVID-19 Pandemic A proposed addition to the grounds for divorce in Maryland would make a significant change to the entire process, who's eligible to file, and when. The latest proposed change is that Maryland couples living in the same home would be able to file for divorce while residing together, even where the Parties have not entered into an agreement resolving all issues. This follows a change wherein mutual consent was approved as an official grounds for divorce in Maryland, forgoing the need to wait for a year before filing for divorce. Now though, couples would not need to be living separately. This proposed change in policy could be particularly important in our post-coronavirus world. Previous Maryland divorce grounds stated that individuals needed to be living separately for a minimum of one year before filing. However, the new change to Maryland divorce law would allow couples to forego that process when living in the same home due to issues such as being unable to afford separate housing. Finances change all the time, and if one party lost a job, or has another issue arise wherein less money is available than previously, it's still important to be able to file for divorce and move on with one's life. There are even healthcare emergencies or chronic illnesses which may factor in, along with being able to afford proper housing and care for children. This change to the grounds for divorce in Maryland was proposed before the coronavirus pandemic swept across the country. However, in its wake and during its ongoing spread, it's even more relevant and important than ever. While it hasn't passed as of the time of this writing, the idea behind it is an important one as the country navigates the aftermath of the pandemic. The coronavirus has changed the way we lived our lives, forcing us to shelter in place or lockdown to various degrees. For couples planning or beginning to be separated, the coronavirus may have hindered the ability to do so. This has created a situation where some people may be stuck at home together, for any number of complications stemming from the impact of COVID-19, but unable to file for divorce otherwise. If you live in the state of Maryland and have any questions about the grounds for divorce, the divorce process, or how things are evolving due to the novel coronavirus pandemic, feel free to call our office at 240. 395. 1418 for more information or to schedule a free virtual consultation. - Published: 2020-04-20 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/unintended-marital-family-risks-from-the-coronavirus-pandemic/ How the COVID-19 Pandemic & Quarantine Are Affecting Marriages and Families The effects of a near-total nationwide lockdown and sweeping shelter-in-place policies are far reaching. One of the areas that has been, and will continue to be, heavily impacted by this are marriages and families. There are actually a number of unintended risks and consequences as a result of the novel coronavirus pandemic. Family Health During Coronavirus When one person gets sick and brings it home, the entire family is immediately at a very high risk. Whether you have an elderly parent in the home, children, or even if it's just you and your spouse and you're seemingly in good health, this is a real danger. That's why it's essential to follow all official legislative policies for sheltering in place or quarantining, and other best practices for hygiene and safety. Consider that if you're an essential worker, healthcare provider, or in another high-risk field, the family may need to separate or quarantine, depending on the advice of one’s physician and care providers. Sheltering in Place & Risks of Abuse and Violence Perhaps the most harmful unintended consequence of sheltering in place on families is the risk of domestic violence and abuse. Spouses and children who are abused have, literally, nowhere to run or hide, and reduced capabilities to call for help. Meanwhile, stress factors are higher than ever, meaning there's an ever-increased risk of sparking an incident of abuse for those stuck at home together. Managing the Divorce Process During the Pandemic Courts across the country have dealt with closures of various lengths and severities. That's put a pause on the filing of new cases, and the processes and hearings for existing ones. Specifically, the Circuit Courts in Maryland are closed until at least June 5th, with the exceptions of certain emergency matters. Expect this to create a backlog and delay when courts do reopen, particularly as they may reopen with reduced hours or other new limitations. Sheltering in place during coronavirus has also complicated almost every matter of family law. Tens of millions of individuals have lost their income, which drastically changes child support and alimony. Managing child custody exchanges is now a matter of public health and statewide policies. Individuals who are beginning the process of divorce and haven't yet moved out of the home may now be entirely unable to do so. Every situation is unique, but there are many factors to explore in terms of the unintended impact of lockdowns and sheltering in place in response to the COVID-19 pandemic. Prospective clients in the state of Maryland can call our office for more information at 240. 395. 1418. We'll be happy to answer any questions or set up a free virtual consultation. - Published: 2020-04-20 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/how-to-deal-with-child-custody-agreements-during-covid-19-lock-down/ Coronavirus & Child Custody: How The Quarantine is Impacting Child Custody Agreements As most of the country has been ordered to stay at home for all non-essential activities, in some states for over a month, one of the serious challenges which has arisen has been dealing with child custody during the coronavirus pandemic. How are parents supposed to exchange their children during their allotted times if they cannot leave the home, and how can this be effectively managed? The first and most important place to start is by trying to come up with a temporary agreement with the other parent. If you're able to communicate directly and hash out a basic set of parameters for how to proceed during the duration of the crises, that's a minimal intervention approach that can serve everyone's best interests. It's often useful to have an official family law mediator handle such an interaction. These mediation sessions can even be handled virtually these days, and provide a viable temporary solution that is agreeable for both parties. For couples who are unable to come to such terms, you must realize that if there are official court orders in place, you can still be held in contempt for violating the terms. It's essential to work with the other side to the extent possible. This is also the time to think of the safety and health of your children first and foremost. If one parent is of increased risk, working an essential job while encountering many people on a day-to-day basis, or even serving as a healthcare worker, parents should work together where possible to determine the most appropriate schedule for their children during these unprecedented circumstances. Dealing with child custody in the coronavirus pandemic also means following all other best practices. That means abiding by social distancing protocols, staying home as much as possible, not socializing in large groups, and on down the line. In terms of such protocols for COVID-19 and their impact on child custody, you should keep such matters at the front of your mind in terms of potentially pausing nannies and daycare services, limiting or stopping play dates for your children, and so forth. Another important tip will be to line up a backup or emergency child care provider for your children. If you are to fall sick, the other parent does, or you both do, you should have a contingency plan in place in terms of where you can take the kids and who will be able to watch them. It's important to note that solutions will vary on a state-by-state locale based upon the shelter-in-place or lockdown policies which have been enacted, as well as the legislation governing your divorce and child custody agreement. For individuals impacted in the state of Maryland with a pending or current child custody agreement, you can reach out to our team for more information and assistance. Call us at 240. 395. 1418 and we'll do our best to answer any questions and provide a free consultation. - Published: 2020-04-20 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/coronavirus-quarantine-divorce-cases-will-surge/ Pandemic Divorces Due to COVID-19 Sheltering in Place Policies Will be Huge The world has ground to a halt in the past several months, as the novel coronavirus has swept across the globe. Entire countries have been locked down, while in other areas, such as the United States, there's been state-by-state closures and varying degrees of shelter-in-place and lockdown policies. With tens of thousands of deaths in the U. S. and tens of millions of job losses, there's been more than enough for everyone to try to sort through already. On top of that, there's the prospect of the coronavirus quarantine divorce. When you're sheltering in place or locked down with your spouse and family, the manner in which you're able to get along with one another is of course of the utmost importance. These aren't normal conditions, though. There are no other outlets, no prospect of leaving the home or seeing other people, socializing, blowing off steam with friends, or pursuing individual pursuits elsewhere. Instead, everyone is locked down together in the same space. Adults who are used to going into the office everyday have to relearn how to work from home, and when married, how to share space with someone else who's doing the same. When those married couples have children, they also have to walk the tightrope of how to help their kids with online learning from home, not to mention watching over them and juggling all of this while pursuing their own work, too. That still may be better than it is for the people who've lost their jobs, and while not being forced to work from home, have to manage the stress of that lost job and income. All of this to say that there are a ton of factors in play that are elevating the risk of disagreement, and eventually, divorce. The surge in cases after this will likely be a statistical anomaly that stands out for years and perhaps decades, and is remembered specifically as the coronavirus quarantine divorce. There are real risks involved too in terms of the safety and well-being of spouses and children. That's because there's also a very elevated potential of domestic violence and abuse, and along with that elevated threat, a lack of safety measures along the lines of being able to leave the home and stay elsewhere. That's why even if this topic may seem humorous — the notion of the quarantine divorce — the risks involved must be acknowledged and taken seriously as well. Quarantine divorces may not be at the top of the list for the most telling consequences from the novel coronavirus and the COVID-19 disease, but it's a "trend" that's going to be worth watching nevertheless. If you find yourself in any such scenario or have further questions, please go ahead and call our offices at 240. 395. 1418. We're available by phone and will also be providing virtual consultations during the ongoing crisis. - Published: 2020-01-24 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/understanding-the-maryland-child-support-calculator/ How the Maryland Child Support Calculator Works One of the most commonly asked divorce questions will always be how much child support one party will be required to pay, or conversely, be expecting to receive. While there's always going to be factors which affect each individual case in different ways, Maryland provides an online child calculator that you can use as a reference point for determining how much child support will be owed or paid. Here's an introductory look at what it entails. What is the Maryland Child Support Calculator? The state of Maryland's Department of Human Resources provides online worksheets for child support guidelines. Dubbed the Maryland child support calculator, it consists of two separate worksheets, one offering guidelines for shared physical custody, in which each party would have the child for at least 128 overnights per year, and one offering guidelines when one parent will be receiving primary physical custody. [UPDATE: Maryland is updating this requirement to 92 overnights as of October 1st, 2020. ] The concept of the calculator is fairly straightforward. It breaks down each parent's income into a percentage of the whole. A basic obligation for child support is derived as a percentage of that total income, with each parent responsible for an amount proportionately equal to their slice of the income pie. Expenses already paid by one party as it relates to matters such as health insurance expenses or work-related child care are deducted from each person's obligations, while issues such as alimony paid are also factored in. The worksheets for shared custody are substantially more complex than what's offered for sole custody, with an extra worksheet of adjustment calculations to be made based upon provided financial information. Of course, as the calculator's own disclaimer states, it reflects estimates and not a final answer. Individual factors may lead to court adjustments from small to relatively high levels, and as always, it's import to consult directly with your attorney for more specific information. Unless you are intimately familiar with family law statutes, it's also difficult to properly track what types of expenses qualify and in which ways, for instance. Further, if the two parents make over a certain amount of money per month, the percentages and guidelines provided by the calculator aren't necessarily applied. If you have any questions about calculating child support in Maryland, as well as the child support calculator itself, feel free to call our office at 240. 395. 1418 to set up your free consultation today. - Published: 2020-01-24 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/opioid-use-addiction-may-become-leading-cause-of-divorce/ The Rise of Opioid Addiction is an Increasingly Large Threat to Marriages & Family Life We've often analyzed not only the outcomes and processes of divorce, but also the leading causes of divorce as well, among other related issues. One that must come to the forefront at this point in time is the looming threat of opioid addiction and abuse. As opioid overdoses and deaths have risen at alarming rates in recent years, it's an area which is going to become more and more common in divorce. Different studies illuminate this in different ways. A study from the National Center for Biotechnology, for instance, reports that 34. 6% of individuals cited substance abuse as a factor in their divorce, and 12. 1% of those cited it as the final straw. Now, consider how much opioid abuse has risen. The National Center for Health Statistics shows a 500% increase in opioid deaths from 1999 to 2017, increasing from 8,048 to 47,600. Consider that in 1999, there were 16,849 drug overdose deaths in the U. S. including all types of drug use; that number is just a third of the deaths caused by opioids alone in 2017. When drug abuse exists in a marriage, even without overdose or death, it's likely to become a major strain on the wellbeing of the couple. Consider factors such as financial problems related to the use of drugs, and issues ranging from job loss to the cost of hospitals and recovery. There are bound to be emotional burdens, increased arguing, loss of trust, parenting issues, and more. In other words, substance abuse increases nearly every friction point in a marriage. And it's in a world where, according to a 2018 poll from the American Psychiatric Association, 31% of adults in 2018 report knowing someone who is or has been addicted to opioids or prescription painkillers, that a further 9% have taken them without a prescription and another 5% self-report having abused or been addicted to them, and you can see that the issue and impact of opioids on marriages across the U. S. is only going to increase. It's worth noting the impact of divorce as a potential risk factor leading towards worse drug abuse or addiction. While we welcome clients from all walks of life, we also serve as divorce lawyers for men, and it is men in particular who are at much higher risks of substance abuse and drug overdose. Consider that single and divorced adults account for 71% of opioid deaths while representing only 32% of the population, and the statistics are skewed heavily towards men, who also have higher risks of everything from suicide to car accidents. Further, analysis of drug overdoses and deaths show that higher rates of divorce is one of the key indicators amongst other social and economic factors that correspond to increased rates of drug-related deaths in particular areas. It may be a matter of the chicken and the egg in terms of which of these is more likely to happen first, or whether the cycle simply continues to build momentum over time. If opioid addiction or abuse is a factor leading towards your potential divorce or separation, feel free to contact our office for more information. Prospective clients in Maryland can call 240. 395. 1418 for a free consultation today. - Published: 2019-08-26 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/what-are-the-most-common-causes-of-divorce/ Survey of the Leading Causes of Divorce in the U. S. We're all different, our lives are different, and our relationships are different. However, so many of the issues we face along the way end up being the same. When you look at the most common causes of divorce, you'll likely see some similarities if you've ever gone through it before, or if you may be facing the prospect now. Looking at these causes offers insight, and if anything, reinforces the idea that you're never alone. The numbers and causes here come from a survey performed by the Institute for Divorce Financial Analysts. It's a relatively small survey size and is by no means representative of a definitive or universal outcome, but it's still worth taking a look. Most Common Causes of Divorce in the U. S. Incompatibility (43%): Incompatibility may mean different things to different people, and it encompasses many more specific reasons. It's what is typically referred to as irreconcilable differences in no fault divorce cases. Communication issues and ongoing arguments, differing priorities, different wants for the future, all of these and more may be included. Infidelity (28%): The category of infidelity in this case also included other sexual issues, which might mean lack of sexual interest or satisfaction, lack of attraction, and so forth. It's not unusual for one to cause the other, as well. Money (22%): Money issues routinely impact relationships and the outcome via divorce, whether you end up with the most expensive divorce in history or something on a more typical scale. It's not just a total lack of money either, but also how it's spent and by whom, priorities for where to put money both now and in the future, and so forth. Abuse (6%): Abuse includes both physical abuse and emotional abuse. It's important to not overlook the latter, which is perhaps more common than some people realize. You need not be physically bruised or battered to be abused in a marriage. Parenting (. 5%): Parenting issues may often be rooted in the aforementioned incompatibility in terms of the most common causes of divorce, with communication at the heart of that. However, sometimes it's actually just differences in parenting style or in other cases, when one party is at risk of endangering a child's safety or wellbeing, with or without there being other abuse. Addiction (. 5%): Addiction and alcohol issues also occur frequently in marriages. As with the above though, this may fall under or be a part of incompatibility as well. Whether it's one of the above issues or something entirely different, we're always ready to listen and to help. Call our office at 240. 395. 1418 to schedule a free consultation and we'll figure out the best path forward for your personal situation. - Published: 2019-08-15 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/the-dos-and-donts-of-divorce-mediation-in-maryland/ Maryland Divorce Mediator Offers Tips on Approaching the Process Divorce mediation in Maryland is something that more people seem willing to try these days than in the past. There's good reason for that, too. Working with a divorce mediator, you're likely to be able to have a more amicable and less stressful experience than a court case. This may also save you a good deal of both time and money, not to mention hassle and angst. Still, it's important to both learn more about the divorce mediation process and also to get a sense of how you should approach it as well. Do Expect to Compromise: Compromise is the root of successful mediation. That means you have to be willing to do so in order to achieve the outcome you're seeking. The process is a give and take, perhaps both literally and figuratively, but one huge positive is by maneuvering this in mediation, you have control of the process versus leaving it entirely in a judge's hands. Don't Try to Do It Yourself: Sometimes there's a tendency to believe that even with the marriage ending, the two parties can come together and just figure it out themselves while parting ways. More often than not though this doesn't work as effectively as planned, and a compromising session or discussion soon devolves to shouting, and nobody gets anywhere. Let professional and experienced divorce mediators in Maryland handle this as an official matter. This will also ensure you come away with a specific signed agreement, rather than a vague verbal agreement that doesn't actually mean anything. Do Prioritize Your Goals: Key to a successful compromise from your point of view will be prioritizing your goals and the outcomes you'd most like to be the recipient of. Once again, it's a compromise, so you need a plan in place in terms of what you're looking to achieve. That may mean agreeing to the top priority of the other party if it helps you to secure your own top priority. You also want to avoid getting tripped up over smaller priority matters in pursuit of the issues which matter most to you. Don't Be Ruled By Your Emotions: A divorce mediation should be as much of a straightforward, logical process as possible. Injecting emotions such as anger, sadness, spite, or whatever the case may be, only makes matters worse. Allow the proceedings to run as emotion-free as possible in order to stay on track and work towards the solution that's best for both parties. Of course, this is only the tip of the iceberg when it comes to navigating this process. If you're preparing for a divorce yourself and believe that Maryland divorce mediation is for you, then please get in touch and schedule a free consultation by calling 240. 395. 1418. - Published: 2019-08-15 - Modified: 2019-08-15 - URL: https://www.brandonbernsteinlaw.com/is-your-smartphone-a-problem-in-your-marriage/ Communication Problems, Comparisons & Tempting Apps Among Culprits How many times a day do you check your phone? Whether you're sending a text message, replying to or reading through emails, scrolling through apps or just zoning out with one distraction or another, we all spend way more time on your phones each and every day than we're likely proud of or ready to admit. One symptom of this is a potential negative effect on your relationship and marriage. For instance, one recent study found that 70% of married women reported smartphones interfering with the relationship at least some of the time. There are numerous factors to take into account here. For one thing, if you're always on your phone, you're more likely to be distracted, and not paying attention to the person you're physically spending time with. This negatively impacts communication while inhibiting an overall positive interaction with the other person. Another issue at hand is that when we're on social media, we tend to compare ourselves to what we're seeing other people do. However, we typically fail to account that we're seeing the curated highlights of somebody else's life, and not their day to day routines. In comparing their made for social media highlights to your more typical everyday life, it's easy to feel unsettled or dissatisfied whether professionally, personally, romantically, or all of the above. Further, there's a whole world of temptation hidden away on your phone. From apps such as Tinder and Bumble where you can connect with single people in your area, to your ability to follow models or celebrities on Instagram or Twitter, to quick access to pornography, it's all right there on your phone. Just because it's there doesn't make it a problem, but the convenience of access to all of the above elevates the risk of temptation and the allure of what else is out there, along with disinterest at home. When it comes to divorce, the digital trail one partner leaves behind on his or her cell phone is also a common form of evidence. Whether it is indeed an app such as Tinder, or it's strings of text messages, photographs of another person, or whatever the case may be, the private life you live on your smartphone is likely less private than you believe. All this to say that smartphones are indeed a common problem in marriages. If that's something you've experienced, you're not the only one. As we all live increasingly digital lives, this is a problem that's likely to only increase in prevalence as well. - Published: 2019-08-15 - Modified: 2019-08-15 - URL: https://www.brandonbernsteinlaw.com/divorce-family-law-marriage-trends-approaching-2020/ How Divorce & Marriage in the U. S. Are Changing with Time One topic that we've continued to discuss here is that of the latest divorce and marriage trends in the U. S. And while we strive to educate you on what some of the most important developments are, another point we're trying to make is that the worlds of divorce and marriage change rapidly, and reflect a changing society. Now we're coming up on the end of a full decade, providing another opportunity to check back in and see how things have changed. The rate of both marriage and divorce continue to drop. In fact, both are dropping substantially enough that even with a growing population, there are still fewer of each occurring in any given year. Consider that in 2017, according to the CDC's National Center for Health Statistics, with over 36 million more people counted than in 2000, there were 157,000 fewer divorces, or a rate of 2. 9 per 1,000 versus 4. 0 per 1,000. Similarly, there were 78,000 fewer marriages in 2017 comparative to 2000, with over 44 million people being counted, a rate of 6. 9 per 1,000 versus 8. 2 per 1,000. (Population level cited for marriage and divorce are different depending on which states provide data). Other marriage and divorce trends include the continuing shift towards accounting for the wellbeing of dogs in divorce. Three states have official legislation regarding this, and more will likely be on the way. Another issue that's becoming a more frequent concern during divorce is that of cryptocurrency. Bitcoin and divorce is complicated, as cryptocurrency is generally designed to be untraceable, which means a spouse could hide an account, and the value shifts so rapidly that divvying it up is also a challenge. We're also living through what has become one of the more politically charged times in history. Politics have played a role in family law, with issues such as the legalization of gay marriage across the country and the shifting Supreme Court ideologies and the impact that can have on our personal lives, to our potential willingness to accept divorced candidates or openly gay candidates. Of course, taking into account a partner's political leanings also seems more common than ever before, too. As the many interweaving aspects of our country and our lives continue shifting, so do the latest marriage and divorce trends. The only thing we can say for certain is that more changes are assuredly ahead. - Published: 2019-08-15 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/how-to-find-the-best-divorce-lawyer-for-men/ Important Tips for Finding The Right Divorce Attorney for Men For anyone who's heading towards a divorce from their partner, finding the right attorney is always essential. In all cases, the needs and goals of each party is different, as are the specific circumstances of the marriage as well as those which have led the parties to the divorce. When you're looking to work with a divorce lawyer for men, here are a few easy tips for finding the right one. One of the first factors to consider is finding a divorce lawyer for men who will be able to support you through the entire process from start to finish. A divorce is a legal matter, but it's also a deeply personal one that impacts you and your life. Ideally, an attorney will be able to assist you navigating this entire path, from providing answer to listening to your concerns, and seeing a case through from start to finish. Your divorce attorney for men should also help you to separate your emotions from the process. One of their primary objectives will be to keep you on the right track and avoiding common pitfalls along the way. Relying on their expertise and experience to understand your rights in the process, as well as what's worth fighting for and what's not, is all key. Another important factor to consider is aligning yourself with an attorney who is well-versed to the approach your case calls for or that you want to take, and will follow that path for you. For instance, there's a full spectrum from divorce mediation to aggressive in-court trials, and everything in between, and not all attorneys are equally suited to all approaches. It's also hugely important that you're able to have solid communication and trust with your attorney. For one thing, you need to be open and honest about all matters pertaining to the case. And for another, you're going to be spending a fair amount of time with this person while handling a very important matter in your life, so you want to find an attorney who feels like a trusted confidante or teammate. If you're facing a divorce yourself and looking for an experienced divorce lawyer for men in Maryland, call our office directly at 240. 395. 1418 to get started with a free consultation. - Published: 2019-05-21 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/5-essential-tips-from-divorce-lawyers-for-men/ Divorce Attorneys For Men Can Help You Avoid Major Mistakes When it comes time to face a divorce, many men seem particularly under-prepared with what the next steps are, and what they should or should not be doing. Of course, each case and each person is different, but there are some general guidelines that we can recommend in order to help you protect your rights as much as possible. Separate Emotions from the Process: Emotions have to be largely cast aside for something such as a divorce case. The more you get angry or distraught, the more you're likely only hurting your own case. Along the same lines, if you're basing all of your decisions on a love you still have for the other party, you're also likely hurting your own cause. Find a way to separate how you feel from the rest of the proceedings. Don't Just Surrender: When faced with divorce, some men simply willingly surrender, resigned before it starts. Signs may be moving out of the house upon the spouse's request, a willingness to agree to anything in terms of negotiations and settlements, and on down the line. Never surrender your rights when it comes to your personal interests, your financial interests, or your interests as a parent. There's a Time to Fight: All the same, there's also a time to fight, when you need to take a stand for the issues which are most important for you. On the other hand, there's also a time to let things go, instead of squabbling over every little detail. You're going to have to learn to pick your battles wisely and recognize when something can blow over and when something needs be fought for. Leave the Kids Out of It: As experienced divorce lawyers for men, one of the things we always recommend to our clients is to simply leave the kids out of it. Don't try to badmouth the other party to them or turn your children against your spouse. Don't try to use them as bait or leverage against your spouse. Just do your best to be a good father to them during this transition period and to continue doing so in the future. Find the Right Legal Representation: One of the biggest mistakes that some men make is signing documents without their lawyers present, particularly if the spouse's representation is indeed on hand. Don't make any agreements or sign any papers without legal representation. And when searching for your divorce attorney in Maryland, consider choosing one who's not only experienced, but also well-versed specifically with defending the rights of husbands and fathers. Call the Law Offices of Brandon Bernstein at 240. 395. 1418 if you have any questions or would like to learn more about how our team can help as your Maryland divorce attorneys for men. - Published: 2019-05-21 - Modified: 2019-05-21 - URL: https://www.brandonbernsteinlaw.com/an-openly-gay-presidential-candidate-signals-quick-progression-more-questions/ Gay Marriage Only Became Legal In Recent Years It was only three years ago when we wondered on this blog if American voters would vote for a divorced president. They would indeed, as Donald Trump's romantic and personal relationship history did not hinder him on the ballots. Now, there's another question at stake—would voters side with an openly gay Presidential candidate? Pete Buttigieg is the mayor of South Bend, Indiana. He likes to go by the nickname "Mayor Pete," and he's not shying away from the fact that he's gay, married to husband Chasten. If this doesn't seem like a huge moment in terms of progressive views and social issues, then take a quick step back. It was only four years ago, in 2015, that the Supreme Court made its ruling that states could not bar same sex couples from marrying. Before that the matter of same sex marriage was handled on a state by state basis. It was just in 2009 that Vermont became the first state to legalize same sex marriage legislatively, rather than through litigation, as was the case with a Massachusetts Supreme Court ruling some five years earlier. In other words, it has only been a decade since the first state passed legislation to legalize same sex marriage, and now there's an openly gay Presidential candidate. That's a rather quick timeline for progress and social change. The Democratic field of contenders is packed with people from all backgrounds, with nearly two dozen candidates throwing their hats into the ring officially. This includes numerous women, itself a huge sign of progression. After Hillary Clinton's defeat in the 2016 election, women such as Elizabeth Warren and Kamala Harris are among those running. Will Democratic supporters vote for another woman in the wake of Clinton's loss? Will they vote for a gay candidate, or a minority candidate? Will all of the "progressive" candidates cannibalize each other's votes, leaving a candidate such as Joe Biden left standing in the wake of the primaries? We're not political analysts and we're not interested in how you vote, either. But these are important questions to consider, and the results offer a view at where the country stands on social issues in 2019 and looking ahead to 2020. All of this, and at the same time, the current conservative Supreme Court may be looking to roll back rights in other progressive areas, whether it's the matter of abortion, LGBT rights on the whole, and potentially even same sex marriage as well. The next few years will be very interesting from a social issue standpoint, regardless of where you personally stand on such matters. There's a lot at stake in the next rounds of elections, and the outcomes will impact many important areas of our lives. - Published: 2019-05-21 - Modified: 2019-05-21 - URL: https://www.brandonbernsteinlaw.com/nicolas-cage-annulment-after-four-days-does-he-owe-spousal-support/ Looking at Celebrity Divorce News for Key Changing Issues Celebrity divorce cases are certainly nothing new. Although it seems that it's been a particularly busy time for the tabloids in recent months. We've discussed the divorces of Jeff Bezos and Adele, and another A-list name who has come up in the news is that of actor Nicolas Cage. Even as far as celebrity divorces go, the Cage divorce case seems particularly unique. It's not only due to his celebrity and wealth, but also for the duration of the marriage and the way it ended. Nicolas Cage and Erika Koike were only married for four days. After this period, Cage filed for annulment. The two had decided to tie the knot after a year of dating, and then apparently a night out on the town in Las Vegas. On Cage's part, he filed for the annulment, and he said that he was too intoxicated to legally make the decision. Koike is fine with the divorce proceeding, but doesn't seem inclined to abide by the annulment. Even though they were only married for four days, Koike believes she is entitled to spousal support, citing the length of the relationship before the marriage as well as lost career opportunities. The he said-she said of the case continues from there. Koike claims that Cage attempted to rekindle the relationship within weeks of filing the annulment. Cage claims that Koike did not disclose her criminal history to him. There's a lot of moving pieces in play here, so it will be interesting to see how the Cage-Koike case turns out. At this rate, a few future surprises are surely to be expected. These celebrity divorce cases typically call to mind the importance of truly knowing the person you're planning on marrying, and potentially pursuing options such as prenuptial agreements. Even if you don't have the fortune and the fame of someone such as Nicolas Cage, it's always wise to protect yourself and your best interests, and to plan ahead as intelligently as possible. - Published: 2019-05-21 - Modified: 2019-05-21 - URL: https://www.brandonbernsteinlaw.com/following-up-on-the-jeff-bezos-divorce-what-was-the-outcome/ The Most Expensive Divorce Settlement in History A few months ago, we outlined that Jeff Bezos, considered the wealthiest person in modern history, was facing a divorce. Considering his personal fortune and his claim as the richest man in the world, the divorce settlement which followed was lining up to be the largest on record as well. Now that the divorce has been finalized, what was the outcome? MacKenzie Bezos shared information on the settlement publicly via Twitter, likely to get in front of any potential rumor mongering. As of this writing, it's her only public Tweet. She said that she surrendered 75% of the couple's shared Amazon stock, or in other words, she keeps a quarter of it. Bezos owned a 16% stake in Amazon. After this, he will have a 12% stake, and MacKenzie Bezos will retain a 4% stake. MacKenzie's Amazon's stock is currently valued at about $35 billion. That doesn't total the theoretical 50-50 stake of Bezo's fortune, however, it's nothing to downplay. It is, indeed, the largest and most expensive divorce settlement in history. With MacKenzie's new $35 billion of Amazon stock, she immediately ascends the list to become the 3rd wealthiest woman in the world. As for Bezos, he's still worth nearly $110 billion, and retains his title as the world's wealthiest person. Reports also indicate that Bezos will retain the voting rights for both his shares as well as MacKenzie's. In her original Twitter post, MacKenzie also indicated that she relinquished her interests in The Washington Post and in Blue Origin, Bezos's space exploration company. The couple had been married for 25 years, going back to the year of Amazon's founding. MacKenzie was also on the books as Amazon's first employee. One of the biggest looming questions about the Bezos divorce case was not only what the final dollar figure would show, but also whether there would be any impact on Amazon and its future. By retaining a 12% ownership stake in the company, and the voting rights of the full 16% he originally owned, Bezos and Amazon seem well-positioned to avoid any turmoil. While relinquishing $35 billion might not make anyone happy, to be able to do so and still end up as the world's richest person isn't a terrible day, either. - Published: 2019-05-21 - Modified: 2019-05-21 - URL: https://www.brandonbernsteinlaw.com/adeles-180-million-fortune-on-the-line-in-divorce-case/ Adele The Latest Celebrity Looking at a Massive Divorce Settlement The hits keep coming for mega-rich celebrities and massive divorces. Headlining that list was Amazon's Jeff Bezos, who is said to be worth about $140 billion. The richest person in the world got hit hard with the largest divorce settlement in history. Another big name in the news cycle now is singer Adele, with her own massive fortune at stake. Of course, it's hard to compare anyone's wealth to that of Bezos, as even Adele's is just a tiny fraction of the aforementioned figure. That said, it's still a huge sum for anyone else among us—$180 million isn't too bad as far as personal fortunes go. However, reports show that she did not sign a prenup with Simon Konecki ahead of their 2011 marriage. As such, the outcome is that Konecki has a claim to much of Adele's wealth. This is particularly the case as Adele's riches have largely come to fruition over the length of their marriage. For instance, her 2016-2017 world tour is said to have netted the singer $55 million, and another $12 million over the same stretch for album sales. Added to the cash is a pile of expensive properties in the U. K. and the U. S. There are other considerations to keep in mind as well. That includes whether the couple files for divorce in the U. K. or the U. S. There's also the manner in which Adele earned her wealth and whether or not that warrants certain exceptions from how standard income generation is typically handled. It should also be noted that the couple has a six year old son, so there's more at stake beyond monetary considerations. Nevertheless, when this much money is on the line and a celebrity is involved, that's what's going to capture the attention of the media. Once again, the pending Adele divorce shows you the importance of signing prenuptial agreements even in happy and well-intentioned relationships. - Published: 2019-02-04 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/what-do-the-latest-divorce-trends-have-to-tell-us/ Looking at Divorce News for Key Changing Issues Marriage and divorce are permanent ideals which never change. Right? Well, not so much. Certainly, you can look around and get an idea that today's generation is waiting longer to get married than you did, and likely that you did longer than your parents did. But there's more to it than that, and there are both interesting pieces of statistical evidence as well as other news and developments which show how marriage and divorce are evolving in 2019. Divorce & Marriage Rates Are Decreasing: From 2000 to 2016, the marriage rate dropped from 8. 2 to 6. 9 marriages per 1,000 people. In the same years, the divorce rate dropped from 4. 0 to 3. 2. Perhaps the extra people who aren't getting married are the same ones who aren't getting divorced down the road, too... . But Not For Everyone: Not all divorce is down, though. Gray divorce is up. The phrase references couples in long-term marriages, both over the age of 50, getting divorced. Such cases have doubled since 1990. Dogs Are the Best People: That's how the joke goes, at least. And if you take that to heart, then you probably think that animals have rights and aren't disposable pieces of property, and their wellbeing should be considered. Well, California just became the 3rd straight in the country to enact legislation stipulating just that. Crypto Confusion: Cryptocurrency is becoming a major headache for divorce cases, one which may only continue to become worse and worse. Consider the wild fluctuations in value that make it hard to pin down as an asset to be divided. Then, consider that the entire system was designed as a secure means of transactions, meaning good luck tracing it if someone decides to hide rather than disclose their crypto holdings. The Richest Fortune in History, Halved: Jeff Bezos won't be the richest man on the planet much longer, though we shouldn't feel too bad for him, as he'll still be in the top 5. But with news of the Bezos divorce case, his $140 billion net worth is set to be divvied up. Goes to show you that no matter how rich and powerful you are, the power of a well thought out prenuptial agreement may be even greater. Have any questions about what the latest divorce news or trends mean for you and your case? Call our office at 240. 395. 1418 for a free consultation today. - Published: 2019-02-04 - Modified: 2019-02-04 - URL: https://www.brandonbernsteinlaw.com/jeff-bezos-the-most-expensive-divorce-in-history/ What Happens When the World's Richest Man Gets Divorced? Heavy is the head that wears the crown, as the saying goes. So it is that not long after Jeff Bezos was declared the richest person in the world, and the richest individual in modern history, that he's now staring down what will likely be the most expensive divorce in history, as he and his wife MacKenzie Bezos announced their pending divorce in January. The latest figures for Jeff Bezos and his personal wealth shows that he's worth approximately $140 billion. That figure fluctuates, as the bulk of it is predicated on his 16% ownership stake in Amazon. Meanwhile, Bezos' other assets have been partially tallied in stories such as this one on CNet, and include The Washington Post, which Bezos bought for $250 million over five years ago and Blue Origin, Bezos' rocket company. The couple together own what's considered the largest home in Washington, D. C. , two homes in Beverly Hills, a ranch in Texas, and two homes in Medina, Washington. That's for starters, of course. Considering Bezos' position with Amazon and his ownership stake there, the company and its shareholders may have some legitimate cause for concern with how this divorce shakes out. Will his 16% stake in Amazon be split in half, leaving two 8% shareholders wielding equal shareholder power, despite Bezos' presence as CEO? Will Bezos sell some of his stake in the company to pay out his ex-wife, as opposed to transferring the shares? Will all of the above in anyway hinder Amazon as a company in terms of leadership, financial flexibility, growth plans, or anything else? Of course, the Bezos divorce case and its likelihood of becoming the most expensive divorce in history also further underscores a point we've made before, that even in loving relationships in which both parties share all of the best intentions, a prenuptial agreement is always a smart idea. Further, even a postnuptial agreement put in place after the founding of Amazon, or after its initial surge in growth and profitability, would have been a wise idea. It's not entirely clear what the couple had in place, though reports indicate there was at least no prenuptial agreement. Clearly, there's a lot on the line, potentially $70 billion, give or take. We'll all be continuing to follow the most expensive divorce in history and how it plays out, and it goes to show you that even the richest man in the world can end up in a precarious position when it comes to divorce and family law. - Published: 2019-02-04 - Modified: 2019-02-04 - URL: https://www.brandonbernsteinlaw.com/dogs-in-divorce-more-states-are-treating-pets-as-people-not-property/ States are Passing Laws Regarding How to Handle Pets in Divorce Cases Two years ago, we shared news that Alaska became the first state to formally pass statutes regarding how to handle pets in divorce cases, requiring courts in the state to consider the wellbeing of the animal as opposed to simply viewing a dog as property to be divvied up between the two parties. They aren't alone anymore, as at the start of 2019, a new law has gone into effect in the state of California as well. California's law is a bit different than what has been seen elsewhere. It essentially allows judges the opportunity to consider the rights and wellbeing of the animal, as opposed to requiring them to do so. In cases where it's relevant though, it's hard to envision judges ignoring this new statute and reverting back to simply treating the pet as property. It's not just dogs in divorce, either. It's actually all animals which are pets, whether cats or anything else. One study five years ago found that nearly 90% of the time dogs were viewed as the most disputed animals between couples, though, so they're clearly the most prevalent. California is actually the third to pass such a law. Following Alaska in 2017 was Illinois last year, and now, the new measure in California which has been added to the mix. It wouldn't be a surprise to see more states follow along in the years ahead. Many such matters begin in this fashion—a slow trickle, one at a time, of states passing measures that others have. Momentum then builds and numbers sometimes quickly rise. From there, a larger countrywide consensus occasionally forms. It must be noted though that Maryland views pets as property still. The state has not yet adopted any kind of policy to view pets with rights closer to those that a family member would have as opposed to a piece of property or asset to be divided. Maryland has shown malleability in regards to family law though. That's been seen in recent years in everything from the legalization of same sex marriage and same sex divorce, to the provision allowing for mutual consent divorce in Maryland. It wouldn't be a total surprise then to see Maryland change its stance on dogs in divorce at some point in the near future. - Published: 2018-11-13 - Modified: 2018-11-13 - URL: https://www.brandonbernsteinlaw.com/marriage-divorce-rates-are-both-down-in-the-u-s/ Analyzing the Latest Marriage & Divorce Statistics The National Center for Health Statistics (NCHS), a component of the CDC, updates all types of annual statistics on the way Americans are living their lives. One such important area is of course that of marriage, and correspondingly, divorce. The latest figures, which show the full annual totals from 2016, show that the marriage rate and the divorce rate in the country are both down. Taking a look at the marriage rate in the United States, in 2016, there were 2,245,404 marriages from a population of 323,127,513. This translates to a rate of 6. 9 marriages per 1,000 total population. This level of 6. 9 isn't the lowest it's been, but it is down substantially from the turn of the millennium, when there was a rate of 8. 2 per 1,000. What does that actually mean? With over 40 million more people, there were 70,000 less marriages, a rather large downturn when seen in that light. Interestingly, with the marriage rate down, the divorce rate is also on the downward sing. In 2016, there were 827,261 divorces and annulments from a reported population of 257,904,548 (overall statistics depend upon reporting states), for a rate of 3. 2 divorces per 1,000 population. In 2000, there had been 944,000 divorces from a reported 233,550,143 population, a rate of 4. 0 per 1,000. Again, looking at the overall numbers, the figures showcase 24 million more people, with 115,000 fewer divorces. The way to analyze both of these statistics in tandem, while admittedly oversimplifying the matter, is to say that fewer people getting married means that fewer people are rushing into things before they're ready, or before they are absolutely certain of the other person. As this has happened and the marriage rate has declined, the divorce rate has declined in turn. There are myriad other factors to this, including the economy, financial wellbeing for both men and women, student debt, societal standards for the appropriate ages to be married and then to have children, and on down the line from there. Further, while the statistics are down on the whole, other segments of the population are moving in the other direction. For instance, gray divorce is still rapidly on the rise, and while that represents a small piece of the overall puzzle, it reflects those societal standards and changing conditions we were just mentioning. Of course, nobody's life is a statistic and everyone is different. It's worth looking at the statistics across the country while realizing that anybody's personal circumstances could dictate something much different at any given time. - Published: 2018-11-13 - Modified: 2018-11-13 - URL: https://www.brandonbernsteinlaw.com/the-implications-of-cryptocurrency-in-divorce/ Cryptocurrency Divorce Adds a Modern Complication As cryptocurrencies, headlined by Bitcoin, moved from a niche financial product to one in the mainstream, they have also started to add new layers of complexity and complication to divorce proceedings. As a new and different type of financial asset, there are several important implications with cryptocurrency in divorce. One of the first issues at hand is the valuation of a cryptocurrency. As has been widely reported, the speculative nature of the crypto market has made for wild swings in value. Even when not in the throes of chaotic thousand-point ups and downs, the valuations still move rapidly. Therefore, the parties may have difficulty reaching a set valuation of the cryptocurrency held as an asset. A date needs to be chosen to create that valuation, or ongoing valuations need to occur at different dates throughout the process. More sensibly perhaps would be an alternative take—splitting up the total amount of Bitcoin in terms of quantity between the two parties, as opposed to the value that Bitcoin represents. Of course, one party or the other may personally believe more in the future value of that asset as opposed to traditional assets, and that adds another element to the negotiation of a divorce and who gets what. Beyond the difficulties of setting a valuation is perhaps an even larger complication, the prospect that cryptocurrency assets could be hidden by one party from the other. Cryptocurrency markets were designed for the anonymity of the holdings and security of the transactions being placed. While the financial discovery process of a divorce would include this, and experienced attorneys will now be careful to add in the correct language to ensure it's not overlooked, there's still the potential for deceit though. With careful maneuverings, there could be little to no trace of a cryptocurrency asset. What kinds of chances might one party be willing to take in order to hide a large asset in the form of cryptocurrency holdings? Technology is continuing to rapidly change our way of lives, and our knowledge of and involvement with cryptocurrencies is still only in its nascent stages. Expect to see more news in the years to come in terms of how courts and family law on the whole handles cryptocurrency in divorce. - Published: 2018-11-13 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/maryland-updates-mutual-consent-divorce-provisions/ Couples with Minor Children May Now Utilize Mutual Consent Divorce in Maryland It's been a few years since the Maryland General Assembly first passed a provision allowing for what it called mutual consent as a grounds for absolute divorce in the state. You can read all about mutual consent divorce in our original update on the subject. Now though there's been an update, and the bill which passed this year adds provisions so that many more parties may now be able to use mutual consent if they so choose. The newly passed bill allows for parties with minor children to use mutual consent as a grounds for divorce as well. This is a major update, as previously, parties with minor aged children were simply prohibited from using the grounds of mutual consent. That means they lost out on the option to experience all of the benefits of mutual consent divorce in Maryland. Namely: you don't have to wait a full year of separation in order to proceed, and that all matters pertaining to the divorce—alimony and property distribution—can be settled in advance with a written, signed separation agreement. As long as neither party filed to set aside that agreement, the parties must simply attend the court hearing, then have the matter closed. All of the above still applies for parties with minor children. In addition, the parties must also enter into a written agreement on all issues pertaining to the children, noted as "the care, custody, access, and support of minor or dependent children. " If child support is at issue, a child support worksheet should be attached to the agreement. The court must then concur that the agreement as it's laid out is in the best interests of the children. There's more work to be done then as opposed to parties getting divorced without children involved, but that's always going to be the case. The key is that you can still opt to pursue mutual consent as a grounds for absolute divorce if you'd like to, and take advantage of the benefits of this provision. The full bill can be found on the General Assembly of Maryland's website here, so you can see the text in its entirety if you so choose. If you have any questions on Maryland mutual consent divorce or are wondering if it's the right path for you to pursue, call us today to schedule a free consultation at 240. 395. 1418. - Published: 2018-08-03 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/bitcoin-divorce-about-cryptocurrency-in-divorce-cases/ Sorting Through the Complexity of Cryptocurrency as a Financial Asset in Divorce Financial concerns are always at or near the top of the list when a couple is going through a divorce. In the past, we've detailed the discovery process in divorce, and how one spouse is able to precisely track down what the other spouse is worth. However, throwing Bitcoin and divorce into the same discussion creates a new set of complexities. You have to keep in mind the entire way that cryptocurrencies were designed. The main emphasis was always on both anonymity as well as the security of transactions. This makes the aforementioned financial discovery process far trickier than it would be for other types of assets. Consider that you may be able to accurately identify an outgoing financial transaction from a bank account or credit card to a cryptocurrency wallet or gateway service designed to convert funds and process transactions. However, at that point the incoming money is lost. If it's transferred to a different crypto market service, funneled through different cryptocurrencies, converted back to cash, or anything else, there's no direct line or record of transaction A leading to transaction B. There's another issue when it comes to cryptocurrency & divorce, and that's the matter of valuation. Cryptocurrencies are notorious for high-paced, rapid-fire market swings, which can offer an enormous increase or decrease in value in very little amount of time. So, at which point is there an accepted valuation of the assets? Is that valuation constantly tracked, reported on, and changed? What happens if there's a wild swing in one direction or another after a valuation has been set? We're only beginning to scratch the surface of what this all means, as this story on Vice News reports. Consider that Bitcoin was only introduced in 2009, less than a decade ago. Ripple (XRP) didn't debut until 2012, and Ethereum didn't appear until 2015. While there's been an increase amount of buzz and interest, these are still exceedingly new services, and it's only been within perhaps the last two years that the general public has begun to view cryptocurrencies as legitimate. Bitcoin and divorce is a subject we're going to have to keep our eyes on, and it's something we expect to be hearing much more about in the years ahead. If you're facing divorce and looking for an experienced Maryland divorce attorney, give us a call at 240. 395. 1418 for a free consultation. - Published: 2018-04-17 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/what-exactly-is-divorce-mediation-in-maryland/ Understanding Divorce Mediation and How it Works in Maryland Any way you look at it, divorce can be a daunting process representing a major life change. It can be stressful, expensive, time consuming, and altogether, a major mental and emotional drain, even when there is a brighter future ahead. Because of all of this, divorce mediation in Maryland has become a commonly used path towards reaching a resolution to and conclusion of the marriage. What exactly does it entail, and is it right for you? Read on to learn more. Divorce mediation is a process in which the two Parties pursuing divorce look to resolve all of the issues of the divorce before entering the courtroom. This is an entirely voluntary process, and in many cases, is chosen because it reduces all of the issues mentioned above: the burden of stress, time lost, heated fights in a courtroom setting, and financial costs as well. Additionally, in certain cases, the Court can order the Parties to attend mediation. When handled by an experienced Maryland divorce mediator, the hope is that a mutually beneficial solution can be reached. Both spouses get direct input and control over the process and a guided compromise may be uncovered. This is as opposed to a courtroom setting, where you can make your argument, but ultimately, direct control over the final outcome is out of the hands of either spouse. If the Parties are able to reach an agreement with regard to their issues, then they can proceed with an uncontested divorce so long as the grounds for divorce have been met. If the Parties are unable to reach an agreement, then eventually the matter will be set for trial in front of a Judge. With few exceptions, including allegations of child abuse, nothing discussed during mediation can be used against the Parties at trial. If you're facing separation or divorce and believe that divorce mediation may be a preferable option for you, then feel free to get in touch with our office for a free initial consultation. You can reach us directly at 240. 395. 1418. - Published: 2018-04-17 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/understanding-divorce-absolute-vs-limited-fault-vs-no-fault-contested-vs-uncontested/ How are all of these types of divorce in Maryland different? Sometimes it seems like there is so much terminology and verbiage around divorce that it would be impossible to actually understand it all. Don't worry, we're here to help, and in this article, we'll be discussing three pairs of phrases in terms of types of divorce with different meanings. Some overlap with one another, and some are unique to themselves, which is why it's worthwhile to take a moment to sort it out. What's the difference between absolute divorce and limited divorce? Absolute vs. Limited Divorce: An absolute divorce indicates the official, final legal conclusion of a marriage. A limited divorce may be granted if the Parties do not have grounds for an Absolute Divorce. While the Parties are not legally divorced after a Limited Divorce, the Court can determine certain issues such as custody, child support, and alimony. The court cannot, in a limited divorce, order the division of property. What's the difference between fault and no fault divorce? Fault vs. No Fault Divorce: There are a variety of different grounds for divorce in Maryland. Some of these come with what's seen as "fault," while others are categorized as no fault. A no fault divorce may cite the legal 12 month separation period or irreconcilable differences. Other grounds for divorce are classified as at fault and include issues such as cruelty or abuse, or adultery. Mutual consent in Maryland is another form of what is essentially thought of as a no fault divorce What's the difference between contested and uncontested divorce? Uncontested vs. Contested Divorce: Uncontested divorces occur when the two Parties have reached an agreement with regard to issues arising out of their marriage outside of court. This may be done via divorce mediation or legal separation agreements. In this event, the two Parties enter the courtroom to finalize the divorce, and there are no more issues remaining to be resolved, so the process is uncontested. A contested divorce on the other hand occurs when the Parties have not resolved all of their issues. In this case, the Parties would appear before a Judge for a trial on any unresolved issues, which may include grounds for divorce, alimony, custody, child support, division of marital property, and attorney’s fees, among other matters. If you are facing separation or divorce, you should seek out legal assistance immediately. Call our office at 240. 395. 1418 to schedule your free consultation. - Published: 2018-04-17 - Modified: 2018-04-17 - URL: https://www.brandonbernsteinlaw.com/10-more-must-know-divorce-definitions-and-phrases/ Top Need to Know Divorce Terminology In a previous blog, we discussed and defined the top 10 must know divorce words. Anyone who may be contemplating a divorce or custody case should absolutely take the time to become familiar with those important words and phrases in order to fully understand all of the processes involved. Well, we're back today with another 10 quick words and phrases for you to add to your collection so you're not caught off guard. Take a look and as always, feel free to reach out to our team if you have any questions or need further assistance. 10 Divorce Phrases Defined Annulment: With an annulment, a marriage is dissolved by essentially stating it never took place to begin with. There are strict and limiting grounds for annulment in Maryland, meaning it is a rarely used process. These potential avenues include one Party coercing the other to be married, or one Party being married to another spouse at the time of the marriage. Common Law Marriage: A common law marriage is one in which the two Parties agree to be married and live together as husband and wife, but have not been formally, legally married. It is important to note that common law marriages are not recognized by the state of Maryland. Discovery: The discovery process for divorce in Maryland is a time in which relevant information is able to be obtained from the other Party. Two common varieties of discovery are interrogatories, of which Maryland allows up to thirty, as well as Requests for Production of Documents, of which there is no limit. Parties may also conduct depositions whereby one Party is required to answer questions under oath in the presence of a court reporter. Limited Divorce: A limited divorce may occur when Parties do not have grounds for an Absolute Divorce. If the Parties are separated for any period of time, they may generally file for a limited divorce and can seek alimony, child support, and custody. However, the Court cannot divide property in a Limited Divorce proceeding, nor are the Parties legally divorced at the conclusion of such a proceeding. As such, neither Party is able to remarry. Martial Property: Marital property refers to certain property acquired by either or both Parties during the course of the marriage. The distribution of marital property is a key issue to be resolved during the divorce process, and there are many factors to consider. Certain property, including property acquired by inheritance, is not marital property. Pendente Lite: Pendente lite translates to "pending the litigation," and as such, it's a temporary filing. This procedure may be used to obtain temporary relief including child access or visitation, child support, alimony, and attorney’s fees to be put into place between the time of the pendente lite hearing until the Parties’ final trial. Prenuptial Agreement: Prenuptial agreements are signed legal agreements put into place before a marriage occurs, often dealing with financial or property issues. Getting a prenup in Maryland may prove to be beneficial for many reasons, and it's important to note that they must be signed, written agreements. Parties can also enter into a Post-Nuptial Agreement, which is similar to a Prenuptial Agreement, except that it occurs after the Parties’ marriage. Subpoena: Subpoenas can compel an individual to appear in court or at a deposition. Subpoenas can also compel individuals and entities to produce certain documents at trial or at deposition. Uncontested Divorce: Uncontested divorces occur when the the Parties have no issues left to resolve and neither side is disputing or attempting to stop the... - Published: 2018-04-17 - Modified: 2018-04-17 - URL: https://www.brandonbernsteinlaw.com/10-must-know-divorce-terms-definitions/ Understanding some of the most important divorce terminology Many legal matters can become clouded and bogged down by the terminology used in paperwork, attorney discussions, and courtroom settings. Therefore, we've prepared the following list of the top 10 must-know divorce terms and phrases for you to use as a reference in case of any potential confusion. 10 Family Law Phrases Defined Absolute Divorce: Absolute divorce is the final, or absolute, legal conclusion of a marriage as well as the divorce process. At this stage, legally speaking, all issues have been resolved. Further, both Parties are now also allowed to legally enter into a new marriage once again. Alimony: The court may dictate that one Party pays a set amount of money to the other, with these payments being known as alimony. Alimony is not the same as, and does not replace, child support payments. Physical Child Custody: Child custody is the process of determining which Party obtains custody of the child. The child continues to primarily live with and be supported by the custodial parent. It's important to note that sole custody or joint custody may be awarded in different scenarios. Child Support: Separate from alimony (above), the court may dictate that one Party pay the other a set amount of money which is directly for the needs of the child. There are many different factors to consider alongside important Maryland child support guidelines. Grounds for Divorce: Maryland's grounds for divorce are the legally recognized reasons for filing for divorce. It's important to pay attention strictly to the grounds for divorce in Maryland as states may include different grounds, or define the same ones in a different manner. Mediation: Maryland divorce mediation is a process in which the two Parties try to resolve issues related to their divorce outside of the courtroom. A mediator works with the two Parties to come to these resolutions, as opposed to relying upon the ruling of a judge in court. The potential benefits are a more amicable and less stressful approach, with more direct control. Mutual Consent: Mutual consent is a relatively new ground for divorce within the state of Maryland. If a couple has no children and have resolved all issues arising out of their marriage, including but not limited to division of property and alimony, (Link? ), they may forego the typically mandatory 12 month separation period and immediately file for absolute divorce. Uncontested Divorce: As the name implies, when pursuing an uncontested divorce, neither Party is attempting to prove one of the specific grounds for divorce such as adultery or abuse. A 12 month separation period may then be applied as grounds for a no fault divorce Separation: Legal separation begins when a couple no longer lives in the same residence, and no longer has sexual relations. A 12 month separation window may be used as a grounds for Absolute Divorce in Maryland. Separation Agreement: Also known as Marital Settlement Agreements or Property Settlement Agreements, Separation agreements are written, legal agreements outlining potential issues in terms of living arrangements, child custody or support, finances and property, and so forth. A Maryland separation agreement may prove beneficial, but is ultimately generally not required—in other words, you're not legally obligated to file a separation agreement but doing so may prevent further headaches down the road. - Published: 2018-02-08 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/the-new-tax-law-alimony-child-support/ The current structure tax structure for paying alimony Currently, the person who is making the alimony payment is allowed to deduct the payment from their income tax. The person who is receiving the alimony payments is responsible to pay income tax on the alimony payments received. Disappearing Money & The “Divorce Discount” Because the person making payments has the higher income, they are typically in the higher tax bracket. As a result, the tax responsibility is effectively moved into a lower tax bracket so the government receives less money than if the PAYER of the alimony was responsible for the tax liability. This concept is sometimes referred to as the “Divorce Discount” because the total tax liability of a married couple typically decreases if they get divorced. There is also a lot of money that disappears through the alimony payment process. In 2015, 361,000 people claimed an alimony tax deduction to the tune of $9. 6 Billion. However, only 178,000 people report receiving alimony payments. That means almost half of alimony payments that are written off never end up showing up on any income tax return. The New Tax Law and The End of the Alimony Deduction The end of the alimony deduction essentially means that the spouse who pays out alimony will also be the person responsible for paying the income tax on the alimony as they can no longer deduct it. This will likely result in smaller alimony amounts but the spouse receiving alimony payments will no longer be required to pay taxes on the payments they receive. The new tax law will only affect people who have their divorce finalized after December 31st, 2018. It will also affect people who make adjustments to their alimony after December 31st 2018. “My husband’s check went up after the new tax law; can I have my child support or alimony reviewed? " Another result of the recent change in the tax code is that both business owners with “pass through busines s” and people in higher tax brackets are seeing more take-home pay. While the amount of their checks may have increased, the support is based on your gross pay, not your take home pay. An end of the Year Rush For most divorcing couples, this new tax law is going to mean either a higher tax liability for the person paying alimony, or lower support payments for the spouse receiving alimony. That means people are likely going to be rushing to finalize their divorce, or any review of spousal support, before the effective date of the law change, which is December 31st of 2018. If you are considering divorce and are concerned with how this change in the tax law will affect you, I can help you understand what to expect. If you are looking at reviewing or making changes to an existing alimony agreement, getting it completed in 2018 instead of waiting and being subject to the new rules will likely save you and your spouse a lot of money in your overall tax liability. - Published: 2018-02-08 - Modified: 2018-02-08 - URL: https://www.brandonbernsteinlaw.com/divorce-asset-division-pets/ When Couples Divorce, Who Gets the Pets? Maryland Family Law Courts and How They View Pets When two spouses divorce, they have to work out a plan to divide the assets that they own together as well as a financial plan for alimony or spousal support. Parents of minor children have the additional responsibility of working out custody arrangements and a parenting plan. A fairly new issue that family law courts are seeing in a growing number of family law cases is how divorcing couples deal with the custody of shared pets. Pets and Divorce: Custody Arrangements or Asset Division? Asset division is based on equitable distribution between the two spouses. Custody of minor children is based on the best interest of the child. Where pets had traditionally been seen by the courts as simply an asset, there have been a handful of recent cases where the best interest of the pet has been considered. Ultimately, pets are considered personal property so Maryland family law will simply give custody of the pet to one spouse or the other. However, as pets become a more and more contested issue in divorces, we may see the family law courts reconsider. The Best Interest of the Pet If one spouse was the owner of the pet BEFORE the marriage, they will almost certainly keep the pet after the divorce. It also may be considered which spouse takes care of the pet most frequently; who is buying food and supplies and taking care of trips to the veterinarian? Where the children will live is also often taken into consideration, especially in the situation of a family pet. Shared Custody of a Pet It’s more-or-less unprecedented for Maryland family law courts to weigh in when it comes to pets, so it’s important to be ready to be open-minded and work towards a reasonable solution. Obviously the easiest and cleanest way to resolve the pet issue is to simply decide who will take possession of the pet. However, there are ways to share time with a pet; the details and arrangements for sharing a pet with an ex-spouse can be included in your final divorce decree. Is This Really About the Pet? Divorce proceedings can get emotionally charged and it’s not uncommon for divorcing spouses to fight over items that mean a lot to the other spouse. Because pet-owners are typically very emotionally invested in their pets, it’s not uncommon for them to become negotiating chips. This is NOT a cost-effective or timely way to get through your divorce. While we would make every effort to ensure assets are fairly divided and to protect your interests, I do not advise clients to incur legal fees simply to fight with their ex-spouse. Facing Divorce with a Pet? We Can Help. Going through a divorce is an emotionally trying process; the prospect of losing a pet through process can feel overwhelming. As your divorce lawyer, I will work with you to create and execute a plan to work towards the best possible outcome in your divorce for you and your pets. Contact me today to learn more about how I can help. - Published: 2017-05-20 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/supreme-court-makes-family-law-ruling-in-howell-vs-howell-case/ On May 15, the Supreme Court made a ruling in the Howell vs. Howell case. As reported by SCOTUSBlog. com, it was a unanimous ruling for reversal, as the Justices weighed in on the matters of a veteran's retirement benefits in divorce. It was also one of many recent rulings showcasing the Supreme Court back at its full strength of nine sitting Justices. Justice Neil Gorsuch was officially confirmed in April after his nomination by President Donald Trump in January. He fills the spot of the late Justice Antonin Scalia, bringing the Supreme Court back to its full count of nine Justices. While matters related to the election, immigration, and healthcare dominate the headlines, family law has already been and will continue to be impacted as well. We've discussed government employee retirement accounts in divorce before but in Howell vs. Howell, the case hinged instead on a veteran's retirement benefits. The case stretched back a quarter of a century, with veteran John Howell ordered to share half of his retirement pay with ex-wife Sandra Howell. However, John eventually opted to receive disability benefits in lieu of a portion of that retirement pay. The outcome of the ruling is that John is not required to reimburse Sandra for the portion of retirement pay she no longer receives. Even though Justice Gorsuch did not participate in this ruling as he joined the court after the case was initially argued, it still showed that the Supreme Court and its current Justices will be handling important family law cases. It also showed the potential for unanimous rulings and agreement as opposed to what is often a five to four ideological split. Certainly, this isn't the last we've heard from the current court in areas related to family law. Be sure to keep your eye on the latest news, and if you have any questions about your own situation or pending case, call the Law Offices of Brandon Bernstein at 240. 395. 1418 today. - Published: 2017-05-17 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/maryland-separation-faqs-5-need-know-facts-separation-maryland/ Top 5 Frequently Asked Questions About Maryland Separation Laws One area of the divorce process which many people have questions about is the actual separation. Here, we'll take a look at a few of the most common and frequently asked questions about Maryland separation laws. First, it's important to note that the guidelines for separation in Maryland will not necessarily be the same as other states. In fact, these laws can be quite different from one state to the next. Therefore, residents of other areas are advised to look into the latest regulations for where they reside. Now here are five of the most common Maryland separation FAQs: Do I need to be separated to file for divorce? No, not necessarily, but it does depend on the grounds of divorce that you're filing for, and the actual separation period itself qualifies as its own grounds in a no fault divorce. For a no fault divorce then, how long do you have to be separated in Maryland before getting divorced? Maryland requires a 12 month separation period for a no default divorce. Additionally, Maryland allows Parties to file for divorce based on mutual consent if the (1) Parties have a Marital Settlement Agreement that resolves all issues arising out of the marriage; (2) the Parties have no minor children; (3) Neither Party moves to set aside the Agreement; and (4) both Parties are present at the divorce hearing. How does mutual consent affect separation? In the case of mutual consent as grounds for divorce, there is no mandated separation period. Learn more about mutual consent divorce in Maryland here. How is separation actually defined? Separation is defined as living separate and apart without cohabitation, or marital relations. Key to that is the separation must be continuous and uninterrupted for that full 12 month period. In other words, a couple that even briefly got back together over that year, or a couple that spent one night under the same roof, would have to restart that separation period clock if they then went ahead with their desire to be divorced. Do I need to file a separation agreement? Separation agreements are not required for divorce in Maryland. That doesn't mean that you should not pursue one though. Having a signed separation agreement in place often helps with creating a more manageable and streamlined divorce, with some or all of the key issues at stake already hashed out between the Parties. You also do not need to file anything to officially document or begin the separation itself. If you're considering separation or divorce or have questions related to your current case, call the Law Offices of Brandon Bernstein at 240. 395. 1418 today. - Published: 2017-03-12 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/controversial-immigration-laws-may-become-a-hot-topic-with-divorce/ One serious issue which arises when certain couples are facing divorce is that of their immigration status and residency. With controversial immigration laws and executive orders now seemingly leading the news cycle every day, one has to wonder how this affects couples who are separated or divorcing, and if there are major changes afoot here as well. As guidelines stand today, conditional residents may have their legal status affected by divorce or separation. Your status may also be affected if it is dependent on your spouse's status. There are numerous factors to be taken into account here, though, as is the case with most such rulings. This includes the timing of the marriage and your residency, how much time has transpired since, how residency was filed and by whom, and more. Even if you have been dependent on your spouse for your residency status though, that doesn't mean you're entirely out of luck. Once again, timing and filing matters are taken into account, and so is the concept of good faith, i. e. , that you weren't explicitly and solely trying to gain residency by marriage. Divorce regulations are handled on a state by state basis, not with federal law. Therefore, across the country there may be different policies in place in terms of how immigration, residency and divorce are related. Yet, new sweeping policies regarding federal immigration and visas are being handed down. This adds quite a bit of uncertainty, and divorce or separation only further muddies that water. Therefore, in today's seemingly uncertain political climate, many individuals are surely worried about what may happen to them, or what may suddenly be changed. We can only recommend that you stay atop the news and as always, consult with a professional who can help guide you through the process and any issues with arise. If you have any questions, feel free to call our office to schedule a free consultation. We're available at 240. 395. 1418, and look forward to hearing from you and providing assistance. Additionally, if you are facing any of these issues, you may wish to speak with an immigration attorney. - Published: 2017-03-05 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/pet-ownership-custody-becoming-a-factor-in-divorce/ For couples who don't have a child together and are preparing for divorce, they may have thought that there was no reason to consider "custody" issues. However, pet owners would disagree with that, and increasingly dog ownership is becoming an issue with separations and divorces. This isn't just conjecture, either, it's something which is actually taking place in courtrooms. In January, Alaska passed an amendment to their divorce statutes that says the court is not only recommended to, but required to, take into consideration the wellbeing of the animal. The judge is essentially able to rule for either sole or joint custody of the animal. Certainly this is a major break from how animals are typically handled during divorce proceedings. Historically, dogs, and pets in general, have been regarded as property. Like property, they were therefore in a big jumble of possessions to be distributed between the two Parties. The wellbeing of the animal was not truly or officially considered, instead, if wellbeing was considered at all, it was the wellbeing of the people, not the pet. For anyone who has a beloved pet they feel is a family member, it likely seems like fitting justice that their wellbeing can legally be taken into account. Few loving dog owners consider the animal to be "property" as opposed to a cherished companion, after all. Another animal issue was also included in the same legislation in Alaska. This piece dictated that pets may be included in domestic violence protective orders. Will other states follow along, either with official legislation, or by abiding by the spirit of this idea when the issue arises? That remains to be seen, but it wouldn't be a surprising trend if it continued. For Maryland residents going through the divorce process, our office is always ready to help you through whichever personal challenges and circumstances you may be facing. Call us at 240. 395. 1418 with any questions and to schedule an appointment for a free consultation. - Published: 2017-01-14 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/will-upcoming-aca-healthcare-changes-impact-divorced-couples-with-children/ Some of the most heated debates and discussions that have surfaced in the final weeks of President Obama's presidency, and the beginning of President Trump's, have centered around healthcare, and the repeal of the Affordable Care Act (ACA, commonly known as Obamacare). As it relates to the world of family law and divorce, one area of interest then is how this could impact healthcare for children of divorcing or divorced couples, if at all. First, one benefit of ACA for divorcing couples was that it often made healthcare coverage more accessible for individuals who were not offered healthcare through their employer, or who were unemployed or otherwise uncovered. This theoretically made it easier for a custodial parent without insurance to get coverage for him or herself, and the child or children. Additionally, only the custodial parent was able to claim cost assistance as provided by the ACA. Along the same lines, barring an agreement between the Parties, only the custodial parent could attempt to claim tax credits. An exception to this rule was made possible by what was known as a Revocation of Release of Claim to Exemption for Child by Custodial Parent, or simply Form 8332 from the IRS. This made it possible for noncustodial parents to claim an exemption. Ultimately, the most common way that healthcare is handled post-divorce for children is that the parent claiming the child on his or her tax return is the one required to provide health insurance and proof of health insurance. The ACA added further stipulations regarding the affordability of one parent's employer's plan, versus the other parent's on the marketplace. Factors such as additional medical costs, co-pays, and so forth, are often hashed out in separation agreements or final divorce settlements. In other cases, health insurance and related costs may be considered in determining and alimony award. There's a lot to consider, and keep in mind that nobody knows exactly what will happen to ACA, or what will replace it, and when. There does appear to be an impact on divorced couples with children, particularly as it relates to finding affordable coverage for a parent who does not have it through his or her employer. However, for now it's important to take a wait and see approach, and when the time is right, to consult with your attorney and/or tax professional, or even HR at your office, to discuss the impact. If you have any questions about the impact of ACA repeal, or more generally, healthcare for children after divorce, call the Law Offices of Brandon Bernstein at 240. 395. 1418 and schedule a free consultation. - Published: 2016-10-31 - Modified: 2016-10-31 - URL: https://www.brandonbernsteinlaw.com/artificial-intelligence-capable-of-nearly-80-accuracy-predicting-outcomes-of-legal-cases/ We're always looking to stay atop of the latest news in all realms of the law and legal proceedings, which brought our attention recently to new technological developments. Technology as it pertains to artificial intelligence has come a long way in recent years. Self driving cars are right around the corner. IBM’s Watson is able to help doctors diagnose diseases. And now, researchers in London have tested the ability of Artificial Intelligence to determine the outcome of legal complex proceedings. The research team at the University College London, led by Dr. Nikolaos Aletras, developed artificial intelligence software that was capable of detecting patterns in complex decisions determined by the Court. The software considered both the evidence presented and morality in rendering its decision. The study pertained primarily to humans rights cases, including torture, fair trials, and privacy. While critics were skeptical that Artificial Intelligence could reliably predict the outcome of complex legal matters, the artificial intelligence software in this study was able to successfully predict the outcome of cases 79% of the time. Lawyers and judges should not be concerned about job security, however, according to the study, according to Dr. Aletras. Similar to IBM’s Watson program as it pertains to medical diagnoses, artificial intelligence for complex legal matters is more likely to serve as a tool to assist practitioners and judges, rather than as a replacement. The software program appears to be of specific relevance as it pertains to violations of the European Convention on Human Rights. Certainly, it will be interesting to follow along in the years ahead as to what role, if any, technology such as this begins playing in the courtroom. - Published: 2016-10-31 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/hillary-vs-trump-will-the-presidential-election-have-an-impact-on-family-law/ Presidential Election 2016 Trump vs. Clinton & Its Family Law Impact: As November 8th approaches, it seems like most Americans are eager for the Presidential election and its chaotic race and news cycle to be finished. We certainly don't plan to interject political leanings or opinions into this discussion, but rather, we do think it's important to quickly analyze whether or not the election and its result will have an impact on family law issues. The answer is both yes and no. There's not much of a direct impact that can be made on family law from the election. That's because most family law legislation is handled on a state by state basis, which is why our discussions of the matter always focus on the specifics of Maryland divorce, which is where we practice and serve our clients. That said, the indirect impact of the Presidential election on family law can actually be massive. First and foremost, consider that the winner of this election will be responsible for immediately appointing one new Supreme Court member. There could be others down the road, too. There are many examples of how Supreme Court rulings impact family law. Look no further then when the Supreme Court ruled in favor of same sex marriage. That came in a tightly contested 5-4 ruling. Clearly the court and its members are divided and represent a swath of political leanings in this and other areas, and the new appointee may play a crucial and decisive role in upcoming rulings and decisions related to the area of family law. Another area worth exploring is how all aspects of financial legislation, the economy, jobs, taxes, and all the rest end up impacting our personal lives, including our relationships and marriages. Financial concerns are one of the leading causes of divorce and marital troubles, and the new President and his or her policies do indeed have a huge and direct bearing here. The legislation put into place supporting the beliefs of either party end up steering the ship of the country's economy, and how rough those waters may be plays out in the homes of each and every one of us. These are just a few of the areas with considering when it comes to family law and the upcoming election. With any questions or concerns, feel free to call our office at 240. 395. 1418 to schedule a free consultation regarding your circumstances. ## Attorneys - Published: 2026-09-01 - Modified: 2026-09-01 - URL: https://www.brandonbernsteinlaw.com/attorneys/michael-a-fortini/ Michael A. Fortini represents clients throughout Montgomery County and the surrounding Maryland counties in every area of family law — divorce, custody, child support, alimony, property distribution, and protective and peace orders. He handles his own cases from the first consultation through final resolution, whether that resolution comes by agreement or after trial. When a protective order matter brings related criminal charges with it, Michael handles those as well. Michael began his career in federal court, litigating civil rights and criminal cases at the trial and appellate levels before devoting his practice to family law. That background shapes how he prepares a case, and how he spends a client's money. He is candid from the first consultation about the likely outcome, even when it is not what a client hoped to hear, and he revisits that assessment as the case develops so clients can weigh what each decision costs against what it stands to accomplish. Most people come to a family law attorney during the hardest period of their lives, already facing financial and emotional upheaval, and then find that the court process is unfamiliar and rarely works the way they expected. Michael sees his role as steadying that process and explaining it. Michael was raised in South Jersey and lives in Maryland with his wife and two children, both in elementary school. Outside the office he is usually on a hiking trail with his family. - Published: 2024-09-25 - Modified: 2026-09-01 - URL: https://www.brandonbernsteinlaw.com/attorneys/robert-c-eustice/ Bob Eustice has been dedicated to helping people solve family law problems for more than 35 years. He started out in civil business litigation, but quickly realized that he wanted to have a direct impact on people’s lives during times of serious crisis. His family law practice has given him the opportunity to help people through their most difficult personal struggles. Bob has gained an in-depth understanding of family law throughout the Washington, D. C metropolitan area during his early years of practice. He worked at family law firms in Maryland and the District of Columbia. After working at a law firm that handled family law matters in all three local jurisdictions (Maryland, Virginia and D. C. ), Bob opened his own family law practice in 2004. He joined The Law Offices of Brandon Bernstein, LLC as Of-Counsel in 2022. - Published: 2024-09-25 - Modified: 2026-09-01 - URL: https://www.brandonbernsteinlaw.com/attorneys/bradleigh-breland/ Bradleigh joined the Firm in March 2024 as an Associate Attorney. Previously she practiced at a family law firm in Anne Arundel County. Prior to entering private practice, Bradleigh clerked for the Honorable Darlene M. Soltys in the Superior Court of the District of Columbia and for the Honorable Sigrid M. Tejo in the Superior Court of the United States Virgin Islands. While in law school, she interned for the Honorable Steven M. Wellner in the Superior Court of the District of Columbia. - Published: 2023-03-02 - Modified: 2025-11-10 - URL: https://www.brandonbernsteinlaw.com/brandon-bernstein/ Mr. Bernstein prides himself on providing high quality legal service at an affordable price, centered around integrity, experience, results. When navigating your way through a family law issue, the right guidance can make all the difference. Brandon A. Bernstein provides attentive and cost-effective legal services to people in Bethesda, throughout Montgomery County, and the Washington D. C. area. Brandon understands that when you’re facing a divorce or family law issue, you are not just “choosing an attorney. ” You are choosing a partner to rely on for their expertise and experience while you make major decisions about the direction of your finances, family, and future. Brandon takes this responsibility seriously and has dedicated his professional life to getting the best possible outcome for his clients. He has extensive experience handling the full range of family law issues, including divorce, alimony, child custody child support, property distribution, and prenuptial agreements, among many other matters. Brandon regularly represents individuals in high-net-worth divorce cases. Such cases often raise unique financial issues, such as complex asset identification and valuation, forensic accounting, division of businesses, and extensive tax implications. Brandon has handled these types of cases for over a decade, giving him the skills necessary to tackle some of the most complex issues divorce law presents. He takes the time to ensure that he has a deep grasp of each client’s needs and proposes creative solutions designed to achieve the client’s goals. Brandon practices family law exclusively. He has extensive experience navigating the complexities of Maryland family law, and clients appreciate his sage and dependable counsel during some of the most difficult times of their lives. He goes to great lengths to ensure that his clients fully understand the legal issues their cases present, the options available to them, and the pros and cons of pursuing each strategy. He gives his clients the tools necessary to make informed decisions about their cases. Most importantly, Brandon understands that family law issues are often best resolved in a civil and collaborative manner, which is why he dedicates a substantial portion of his practice to mediation. His qualifications in mediation include a 40-hour divorce mediation training, 20-hour custody and child access mediation training, and 20-hour property and financial issues mediation training. Mediation offers an informal, collaborative, and economical alternative to traditional family law litigation, and Brandon is eager to help his clients take advantage of it where appropriate. In the event cases cannot settle, Brandon has extensive experience litigating cases to trial. He handles every phase of the litigation process, including drafting pleadings, deposing witnesses, gathering and presenting evidence, filing pre-trial and post-trial motions, examining facts and expert witnesses, and crafting persuasive arguments. In the courtroom, Brandon is a fierce advocate for his client’s interests. Since 2014, Brandon has been honored to receive recognition from Super Lawyers, first being named as a Rising Star in Maryland, before then receiving recognition by the service as a Super Lawyer and as a top-rated family law attorney in Bethesda, Maryland. This award is based on both Brandon’s performance for his clients and feedback from his peers in the legal community. Only a small percentage of attorneys in Maryland are given this award. While it’s flattering to be recognized by Super Lawyers, it pales in comparison to the satisfaction of securing a great outcome for a client. Brandon is happy to receive awards but ultimately is driven by the satisfaction of his clients and the results he can achieve for them. Brandon has a wealth of experience in working through complex or difficult family law situations to get the best results for his clients. He offers free consultations to new clients. Now that you have gotten to know The... ## Offices ## Practice Areas - Published: 2024-10-01 - Modified: 2026-09-28 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/child-support/ Get the Help You Need from a Bethesda Child Support Attorney In Maryland, all parents have a legal obligation to financially support their children. When going through a divorce or separation, parents must formally address child support to ensure that they will both continue to meet their respective financial obligations after their relationship ends. In most cases, divorcing and separating parents will determine child support based on Maryland’s Child Support Guidelines. However, in high asset divorce cases, these Guidelines may not apply. Regardless of the circumstances involved, both parents need to ensure that they have access to all relevant financial information, and they need to make informed decisions based on a clear understanding of the rules that apply. The help of a Bethesda child support lawyer is often needed to ensure that the proper procedure is in place. Our Child Support Services for Parents in Bethesda We represent parents in Bethesda with regard to all child support matters. This includes establishing, enforcing and modifying child support on behalf of mothers and fathers: Calculating Child Support During a Separation or Divorce – If you are preparing to go through a divorce, we can help ensure that you will pay or receive an appropriate amount of child support after your marriage ends. Enforcing Your Right to Receive Child Support – If your former spouse or partner is not paying child support (or if you are being accused of failing to pay child support), we can help you with going to court. Modifying Child Support – If you can no longer afford to meet your child support payment obligations (or if your former spouse or partner is seeking to modify child support), we can help you assess your options and choose the best path forward. FAQs: Calculating, Enforcing and Modifying Child Support in Maryland How Long Do Parents Have to Pay Child Support in Maryland? Generally, parents in Maryland must pay child support until their child’s 18th birthday, or until their child’s 19th birthday if the child is still enrolled in high school. When Do Maryland’s Child Support Guidelines Apply? Maryland’s Child Support Guidelines apply when the parents’ combined pre-tax income is less than $15,000 per month. For parents who earn more than $15,000 per month, calculating child support involves examining their respective income levels, their children’s needs and other relevant factors. Do Parents’ Custody Rights Impact Their Child Support Obligations in Maryland? Child custody can impact the calculation of child support when divorcing or separating parents will share joint physical custody. In this scenario, the number of nights the children will spend with each parent factors into the overall child support calculation. When Can I (or My Former Spouse or Partner) Seek to Modify Child Support? Parents can seek to modify their child support obligations when they experience a significant change in their financial circumstances. Unless the parents’ joint earnings exceed $15,000 per month, the Maryland Child Support Guidelines will continue to apply. How Is Child Support Calculated in Maryland? One of the most common questions Bethesda child support lawyers receive from clients is how much they will be required to pay in child support. And as with most legal questions, the answer is “it depends. ” Maryland family law courts calculate child support using a complex formula known as the Child Support Guidelines. Generally, the parent who has primary physical custody of the child (the custodial parent) will receive child support from the other parent (the non-custodial parent). The amount of support awarded depends upon a number of factors, including the child’s needs and the parent’s ability to pay.... - Published: 2024-01-22 - Modified: 2024-11-06 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/divorce/comprehending-the-divorce-procedures-in-maryland/ Divorce is difficult for most people. From the perspective of emotions, relationships and finances, it can be a turbulent time. Hiring a knowledgeable, skilled and trustworthy Bethesda divorce attorney can help you navigate these difficulties in the most expedient way. Each divorce is different, and a host of skills are needed to resolve conflicts and develop creative solutions. The Law Office of Brandon Bernstein can help you through this process with empathy and experience and help you get to a result that is fair and reasonable. Uncontested Divorce Maryland permits uncontested divorces, in which the spouses come to an agreement, prior to filing, on all important terms and conditions of their divorce. These terms and conditions are known as a marital settlement agreement. This is the simplest form of divorce. The marital agreement will include the parties’ understanding of alimony, child custody, child support, property division and other important items. In some cases, the parties will have a prenuptial agreement or a legal separation agreement that will be incorporated into the marital agreement. Contested Divorce If the couple has not agreed to the terms and conditions of their divorce prior to filing with the court, this is known as a contested divorce. If they fail to reach an agreement during the court process, a Maryland judge will make the decision after various trials and hearings on the issues. Divorcing parties should be aware that it may take more than one year to finalize a divorce in Maryland. In some cases, the lawyer may feel it is in the client's best interest to negotiate and settle the issues rather than proceed with a time-consuming and expensive full-blown trial. Maryland No-Fault Divorce Traditionally, Maryland has required a filing spouse to show grounds for a divorce. The most common grounds for a fault-based divorce have been: Adultery Cruelty Excessively vicious conduct Desertion Felony conviction Mental insanity These were considered to be “fault-based grounds. ” However, as of October 2023, it has become much simpler to obtain a divorce in Maryland, as these emotionally charged grounds are no longer required. Now: Divorcing parties can obtain an absolute divorce after a six-month separation if they have lived separate and apart for six months without interruption before filing the application for divorce. Please note that the parties can be deemed to live “separate and apart” even if they live under the same roof. The court may decree an absolute divorce based on irreconcilable differences stemming from the reasons stated by the Plaintiff for the permanent termination of the marriage. To expand on the above-referenced changes, Maryland couples will be able to divorce without a physical separation. That means they won’t need to reside in different households or meet certain waiting periods. In addition, Maryland has abolished limited divorce and only has absolute divorce as of October 2023. It is also important to note that Maryland is keeping “mutual consent” as a ground for divorce. Mutual consent requires parties to have a signed a written settlement agreement resolving all issues relating to alimony, distribution of property, custody and child support. What Is Maryland’s Divorce Process? Since each divorce is unique, the process varies from case to case. However, the following outline should give you a general idea of what to expect as your divorce progresses. Determine Your Eligibility — To file for divorce in Maryland, at least one of the spouses must have been a resident of the state of Maryland for at least six months. The Person Seeking Divorce (Plaintiff) Files — The Plaintiff - that is, the person seeking a divorce - files... - Published: 2024-01-22 - Modified: 2024-10-01 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/divorce/bethesda-divorce-faqs/ How Much Does It Cost for a Divorce in the State of Maryland? It can be expensive to divorce. In general, the average cost of an uncontested divorce in the State of Maryland is thousands of dollars per person. Contested divorces and more complicated divorces (i. e. , those involving high-net-worth individuals or complex fact patterns) can be exceptionally expensive, depending on the specific situation. Typically, the cost of divorce includes: Attorneys’ fees, which are generally charged hourly Court filing fees Expert fees, such as professionals who review documents and give expert testimony. How Long Do You Have to be Separated Before a Divorce in Maryland? There is no such thing as a “legal separation” in Maryland. If you and your spouse live separate lives for at least six months, you can file for divorce based on the grounds of a “six-month separation. ” This does NOT mean that you must live under separate roofs or have separate households. But you must lead separate lives, which, at a minimum, means you are not physically intimate with your spouse. Lawyers will be closely watching the case law that comes out of this new change in Maryland law to be able to better advise their clients on what constitutes leading separate lives. In the meantime, until there is more clarification, clients are advised to maintain separate bedrooms and follow their own schedules and regimens. How Long Does an Uncontested Divorce Take in Maryland? You and your spouse agree that it’s time to live separate lives and that divorce is inevitable, but you don’t think either of you is at fault for the impending divorce. If you live in Maryland, you can take advantage of mutual consent laws if you qualify for the streamlined program. The first step is to negotiate a marital settlement agreement that covers the division of marital property, who will pay alimony and how much, and how child custody and support will be handled. When you present a marital settlement agreement to the family court judge in your mutual consent divorce, you are telling that judge that you want those terms to be the law for you and your spouse. An absolute divorce is a final and permanent judicial decree that forever severs your marriage and restores you to single status. How long will this take? There is no one answer to this question. These factors all will play into the length of time a divorce takes to be finalized: How long will it take you and your spouse to develop a marital settlement agreement, i. e. , do you have many assets and/or a prenuptial or postnuptial agreement signed by the parties? How much information has to be gathered? How busy is your court? To be safe, we suggest that our clients plan on 30 to 120 days after a marital agreement has been finalized. Who Gets the House in a Divorce in Maryland? Maryland is an equitable distribution state. If the family home is marital property, it will be divided as part of the divorce settlement. However, if the parties desire to negotiate the home’s disposition in their marital settlement agreement, they may do so. Note that if the family has minor children, the custodial parent may petition for and be granted the right to use and possess the family home for up to three years after the finalization of the divorce. Speak to a Bethesda Divorce Lawyer Today If you have questions or concerns about your specific situation, please contact our office as soon as possible. Our Bethesda divorce lawyer will advise you and... - Published: 2023-03-02 - Modified: 2026-09-28 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/ We offer representation across a range of family law matters, including divorce, as well as child support and custody matters, separation and prenuptial agreements, and more. Bethesda Family Law Attorney Addressing family-related legal matters presents unique challenges regardless of the circumstances involved. Whether you are preparing to get married, preparing for a divorce or dealing with any other family-related issue, you need to make the right decisions, and it is most likely in everyone’s best interests to arrive at an amicable resolution. To do this, you will need an experienced Bethesda family law attorney on your side. Attorney Brandon Bernstein has been exclusively representing spouses, partners, parents, and other individuals in family law matters for more than a decade. He has helped clients in all types of challenging circumstances, and he is intimately familiar with the dynamics involved in tense family situations. Our team also includes other experienced Bethesda family attorneys who are vigorous and compassionate advocates for our clients. If you are ready to move on, our attorneys can assist you, and your first step is to schedule a free initial consultation. Why Choose Us for Family Law Services Family Law Cases Involve Complex Issues Family law cases can present issues that are more complex than those raised in other areas of practice. This is due to several reasons. First, domestic relations cases tend to raise a broader number of issues. An example can include a divorce in which the Judge must decide matters related to spousal support, property division, child custody, child support, and more, all in the same case. Second, family law issues are often less black and white than matters raised in other legal areas. In a criminal case, for example, the defendant is either “guilty” or “not guilty. ” In a domestic matter, however, the decisions which the Court must reach can have a wider range of outcomes. These are just some of the ways in which family law is highly complex. Our focus on family law provides us with the experience necessary to deal with the complex issues that arise in such matters. We also understand that complex issues in the courtroom can lead to complex issues at home. Because of this, extensive litigation is not always in the best interests of the parties or any children involved. Brandon Bernstein has had extensive training in serving as a family law mediator and regularly conducts mediations so that families may reach an out-of-court solution. By reducing the time, expense, and stress involved in litigation, the complexities involved in a family law matter can be lessened. We Understand the Importance of Making Informed Decisions The need to make informed decisions is crucial in any area of law. This need, however, is amplified in a family law case due to the fact that domestic relations matters are ongoing. Examples of this include child custody cases where, even after the Court makes an initial decision, the parents will often continue to go to Court for many years. Other examples of family law’s ongoing nature include matters involving spousal support, where the ex-spouses may find themselves regularly going to Court over issues involving non-payment, requests for adjustments, etc. Making a poor decision at the outset of a case can, therefore, mean that one will be in a bad position for many years while the case continues to remain in the system. This is different from other areas of law where the conclusion of a case generally means that the litigation ends. Making a poor decision today can have future consequences, which include losing time with your child, serving jail time for being in contempt of a Court’s Orders, or being obligated to make support payments that you cannot afford. Our firm understands that... - Published: 2022-07-20 - Modified: 2024-10-23 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/family-law-mediation/ Find a Resolution with the Help of an Experienced Bethesda Family Mediation Lawyer While disagreements between family members can involve various legal issues, they can also involve much more. In many cases, longstanding relationships can be at stake, and the outcome of a disagreement can affect not only those involved but other family members as well. Given these unique dynamics, it is important to engage an experienced Bethesda family mediation lawyer who can help guide you toward a positive outcome. From divorces to disputes involving financial responsibilities and property rights, family law mediation can be an effective tool in a wide range of scenarios. If you are dealing with any family-related legal issue, we strongly recommend that you turn to a family mediation lawyer for advice before making any decisions that could impact you or anyone you love. What Happens in Maryland Family Law Mediation? So, what is family law mediation, and what happens during the process? Simply put, family law mediation is a tool for resolving disputes when the individuals involved are not able to reach a resolution on their own. But, unlike going to court and asking a judge to render a decision, in family law mediation you maintain control of the outcome. The mediator is there to offer suggestions and help each party see the other party’s point of view; and, in most cases, this is enough to bring the parties to terms. When Can You Use Family Law Mediation? There are lots of circumstances in which family law mediation can be a good option. Since mediation facilitates an amicable outcome and is substantially less costly than litigating a dispute in court, both parties will usually share a common interest in using mediation to their collective benefit. Some examples of circumstances in which family law mediation can be helpful include: Divorce Separation Developing a parenting plan (i. e. , for unmarried parents) Establishing child support or alimony Modifying a parenting plan or financial support obligation Addressing matters related to elder care Distributing inherited property Family business disputes and succession While pursuing mediation can seem daunting, the process is actually fairly simple and straightforward. You can develop a plan with your Bethesda family mediation lawyer, and then your lawyer can reach out to schedule a mediation session. During your mediation session, the mediator will control the proceedings, and you will work alongside your lawyer to try to reach an agreement with the mediator’s assistance. In many cases, all it will take is one mediation session to move forward. But, if you make progress and there is still work to be done, you can schedule another session to keep building toward an amicable resolution. What Are the Benefits of Family Law Mediation? Family law mediation offers several benefits. While the specific benefits of pursuing mediation vary from one circumstance to the next, generally speaking, the benefits include: Identifying the Issue(s) in Dispute – Oftentimes, disagreements arise because family members (or former spouses or partners) aren’t seeing eye to eye. Family law mediation allows those involved to identify the issues in dispute, focus their resolution efforts, and get past any misunderstandings that are getting in the way of having a meaningful discussion. Prioritizing Issues and Addressing Them One At a Time – Another common issue in family-related legal matters is that the dispute is so complicated that the parties can’t even agree on where to begin. With a clear picture of the issues that require resolution, family members (or former spouses or partners) can prioritize and work through their differences one by one. Considering All Viable Options –... - Published: 2022-07-20 - Modified: 2026-09-28 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/bethesda-uncontested-divorce-lawyer/ Bring Your Marriage to an End with the Help of a Bethesda Uncontested Divorce Attorney If you and your spouse are ready to bring your marriage to an end, you have the option to pursue an uncontested divorce. With an uncontested divorce, spouses enter into a written marital settlement agreement and take their agreement to court; and, as long as their agreement complies with Maryland law, the judge will issue a final divorce decree. In this scenario, it is still in both spouses’ best interests to hire a Bethesda uncontested divorce attorney for the reasons we discuss below. Uncontested Divorce vs. No-Fault Divorce Before pursuing an uncontested divorce, you will want to make sure this is actually what you want. For example, many people get the terms “uncontested divorce” and “no-fault divorce” confused. In addition to filing for a contested or uncontested divorce, spouses in Maryland also have the option to file for divorce on “no-fault” or fault-based grounds. Even if you file for a “no-fault” divorce (as most of our clients do), your divorce could still be contested. This is because fault is just one of several issues that can lead to disputes during the divorce process. Even if both spouses agree that it is time to end their marriage (and thus file for a “no-fault” divorce), they may still disagree about issues such as alimony, division of property, and child support and custody. This means that they will be pursuing a contested “no-fault” divorce. For a divorce to be uncontested, the spouses must agree on all of the issues involved. So, not only must they agree to get divorced on “no-fault” grounds, but they must also agree on all financial, property and child-related matters. How Uncontested Divorces Work in Maryland Let’s say you and your spouse are both ready to end your marriage, and you both want the divorce process to be as quick and amicable as possible. In this scenario, you are a good candidate for an uncontested divorce. Here is a brief overview of what you can expect if you decide to move forward: Initiating the Divorce Process – To initiate the divorce process, one spouse must file a divorce petition in the appropriate court. The other spouse must then respond to the petition appropriately in order to allow their plans for an uncontested divorce to move forward. Identifying Your Income Sources – Since calculating alimony and child support requires examination of the spouses’ respective incomes (among other factors), both spouses will need to identify and disclose all sources of ordinary and investment income. Identifying Your Separate and Marital Assets – Spouses seeking an uncontested divorce must also identify all of their assets that qualify as separate and marital property. Separate assets are not subject to division in a divorce while divorcing spouses must divide their marital assets according to Maryland’s equitable distribution rules. Coming to Terms – Once you and your spouse have all relevant information in hand, then you can begin the process of coming to terms. In addition to addressing alimony, child support and property division, if you have children you will need to develop a parenting plan as well. Preparing a Marital Settlement Agreement – After you and your spouse come to terms, you will “memorialize” these terms in a marital settlement agreement. You will both want to have this agreement reviewed by your respective attorneys before you sign. Obtaining Court Approval – The next step after you and your spouse both sign your marital settlement agreement is to submit it to the appropriate court for approval. As discussed above,... - Published: 2021-11-06 - Modified: 2026-09-28 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/alimony/ Bethesda Alimony Attorney If you are like most divorcing spouses, your obligation to pay (or right to receive) alimony is one of your most pressing concerns. You need to know that you will be on solid financial footing after your divorce, and this means that you need to make sure you receive a favorable alimony award. This is possible with an experienced Bethesda alimony attorney on your side; and, by planning ahead you can make smart decisions with your long-term best interests in mind. For more than a decade, attorney Brandon Bernstein has been helping spouses navigate all aspects of the divorce process. If alimony is warranted in your divorce, he can help you carefully address all pertinent considerations, and he can help make sure you achieve a favorable outcome. Maryland’s Alimony Factors: Key Considerations When Preparing for Your Divorce In Maryland, there is no specific formula for determining whether a divorcing spouse should receive alimony. Instead, the Maryland Family Law Courts consider several factors when deciding whether an alimony award is warranted. These factors include (but are not limited to): The ability of the party seeking alimony to be wholly or partly self-supporting; The time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment; The standard of living that the parties established during their marriage; The duration of the marriage; The contributions, monetary and non-monetary, of each party to the well-being of the family; The circumstances that contributed to the estrangement of the parties; The age of each party; The physical and mental condition of each party; 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; Any agreement between the parties; The financial needs and financial resources of each party, including: all income and assets, including property that does not produce income; any award made under §§ 8-205 and 8-208 of this article; the nature and amount of the financial obligations of each party; and the right of each party to receive retirement benefits; and Whether the award would cause a spouse who is a resident of a related institution as defined in § 19-301 of the Health – General Article and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur. Depending on the circumstances involved in your divorce, some of these factors may weigh more heavily than others, and some may not be relevant at all. Whether you are seeking to negotiate an amicable resolution or you are preparing to take your divorce to court, it will be important for you to understand both: (i) how these factors apply to your personal financial circumstances, and (ii) what you can—and should—do to help ensure that you achieve a favorable outcome from your divorce. To fully understand whether you are entitled to alimony (or whether you are likely to have to pay alimony after your divorce), you should contact a Bethesda alimony attorney to discuss your financial circumstances in confidence. When you contact us for a free initial consultation, attorney Brandon Bernstein will work closely with you to examine the relevant factors for your divorce and give you an idea of what his strategy would be to help you obtain the best possible result in light of the circumstances presented. FAQs: What Should Divorcing Spouses in Bethesda Know about Alimony? How Can I Support Myself Through the Divorce Process If I’m Not Working? For people who are financially reliant on their spouse, it can be... - Published: 2018-11-13 - Modified: 2026-09-28 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/mutual-consent/ Mutual Consent Divorce in Maryland The state of Maryland allows for a number of different grounds for absolute divorce. The grounds which apply best to you will in part determine what the process is that you have to follow. One of the grounds now available in Maryland is that of mutual consent divorce. After an initial introduction in 2015, the Maryland mutual consent policy has now been updated as of 2018. As it was first applied, mutual consent allowed for parties without minor-aged children to proceed with a divorce without waiting for the typical 12-month separation period. The parties were required to come to terms on all matters pertaining to alimony and the division of property in a signed written agreement. As long as neither party filed to set aside the agreement, the two could show up to a final court hearing and be done with the divorce. The 2018 update in a bill from the General Assembly of Maryland adds to this that parties with minor children are also able to pursue mutual consent as grounds for divorce. All of the above still applies, though here, the parties must also come to a written agreement on all aspects relating to the children, what the bill states as their "care, custody, access, and support. " Further, when child support is applicable and agreed upon, an appropriate worksheet must be attached. The court then must determine that the agreement is in the best interests of the children. As with Maryland divorce mediation, divorce via mutual consent allows for a potentially smoother and more rapid divorce proceeding and provides an alternative to contentious, drawn-out courtroom battles. Fault Divorce vs. No-Fault Divorce in Maryland Divorce based on mutual consent is one of two “no-fault” grounds upon which divorce may be sought in Maryland. While many states only allow no-fault divorces, Maryland allows divorces based on both fault grounds and no-fault grounds. If you’re unsure whether you should pursue a fault-based divorce or no-fault divorce, a Bethesda mutual consent divorce attorney can help you decide. Fault-based divorces are those that are based on accusations of wrongdoing by one spouse against another. This was the traditional route to divorce before no-fault divorce laws became popular. In Maryland, a spouse may seek a fault-based divorce based on the following grounds: Adultery Insanity Actual desertion Constructive desertion Cruelty against a spouse or child Excessively vicious conduct against a spouse or child Criminal conviction of a felony or misdemeanor A party alleging any of these fault-based grounds must prove them to the court using a variety of evidence. No-fault divorces are those that are not based on fault but rather on an irretrievable breakdown of the marriage or irreconcilable differences between the spouses. A party seeking a no-fault divorce does not need to show that their spouse did anything wrong. No-fault divorces in Maryland may be obtained in either of the following ways: Mutual consent (the parties have reached an out-of-court settlement and agree on all the issues of the divorce) 12-month separation (the parties have lived in separate residences without interruption or sexual intercourse for 12 months prior to the filing of the divorce petition) No-fault divorces generally are the easier route than fault-based divorces, as they remove the additional step of having to prove fault. Requirements for Divorce Based on Mutual Consent Mutual consent divorce is not for everyone. Disagreement about any issue precludes a couple from obtaining a divorce based on mutual consent, as the parties have not truly consented to all issues. Mutual consent divorce under Maryland law is available only if... - Published: 2017-11-21 - Modified: 2026-09-28 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/your-first-consultation/ What Happens in Your First Family Law Consultation With the legal, financial and emotional issues wrapped up in divorce, it’s no wonder that the prospect of getting a divorce can feel overwhelming, and it can be difficult to take the first step. My name is Brandon Bernstein; I am a divorce lawyer in Bethesda, Maryland and I want to make this entire process as easy as possible for you. When It’s Time to Hire a Lawyer I work with divorcing spouses who have been considering divorce for years. I have also worked with both husbands and wives who were completely blind-sided by being served with divorce paperwork. You have likely already made some very difficult choices about your marriage, your pending divorce and how it will affect everyone involved. I want to help make the process of hiring a divorce lawyer as easy as possible. I provide a free initial consultation with any new potential client so that you can achieve three things: Meet me, and get a feel for how I would handle your case if you choose to hire me Get your questions about timeline, cost, custody, alimony, whether or not you’ll go to court and anything else you’re wondering about answered. Help you understand how Maryland family law applies to your unique situation, and your options for moving forward. Retainers & Legal Fees If you choose to get started, you will pay what is called a “retainer”. That is basically a pre-payment of my legal fees to handle your case. During your free consultation I can answer any questions you have about how much you will have to pay to get started, and my best estimate of what the entire process will cost. Getting Started Once you have hired me, we begin by building a realistic strategy to obtain the best possible outcome for you and your family. If there are safety or access issues for you or your children that need to be handled immediately, I will advise you on how we can make that happen. I am 100% committed to being responsive, communicating clearly and keeping you in the loop on how your case is proceeding. Take the First Step - Arrange Your Free Family Law Consultation Whether you have one question or one hundred, I want to help you understand how I can help you resolve your family law issue. I will help you sort out the legal and financial elements so that you can focus on your family and moving forward with your new life. Call 240-395-1418 or contact me online today. - Published: 2017-11-21 - Modified: 2026-09-28 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/financial-issues-divorce/ Protect Your Assets with the Help of an Experienced Bethesda High Asset Divorce Lawyer Going through a divorce requires both spouses to carefully consider their current financial circumstances and their long-term financial needs. With the exception of child custody, all of the main aspects of a divorce are financial in nature, from dividing the couple’s assets to determining an appropriate alimony award (if any). Making informed decisions requires the advice of an experienced Bethesda high asset divorce attorney who will take the time to understand your circumstances and develop a comprehensive strategy focused on protecting your best interests. Attorney Brandon Bernstein has been representing high-net-worth spouses in divorce for more than a decade. If you have questions about protecting your assets or paying (or receiving) alimony, Brandon can guide you forward. When going through a divorce, you need to make a lot of decisions; and, to make the right decisions, it is essential to have an experienced attorney on your side. 5 Steps for Addressing Financial Matters in a High Asset Divorce In a high asset divorce, it will often make sense to address property division and alimony jointly. This expands the options that are on the table, and it allows divorcing spouses to craft comprehensive divorce settlements that adequately address both parties’ wants and needs. Broadly speaking, there are five steps involved in addressing the financial matters involved in a high asset divorce. When you choose our firm to represent you, Brandon will guide you through each of these steps—explaining your options, giving you advice, and negotiating with your spouse’s divorce lawyer on your behalf. Step 1 – Gathering All Relevant Information The first step is getting access to all of the information you need to make informed decisions. While it is fairly common for one spouse to not have access to some or all of the financial information he or she needs initially, this can be addressed through financial disclosures—or seeking to compel disclosure in court if necessary. To put together a full picture of your financial situation and help you strategize, your Bethesda high asset divorce lawyer will need access to records including: Both spouses’ income from all sources Joint and individual savings and checking account statements Joint and individual brokerage and cryptocurrency accounts Both spouses’ retirement account statements (i. e. , 401(k) or IRA account statements) Real estate deeds and mortgages Titles and loan documents for cars, boats and other significant assets Ownership documents for any privately-held businesses An inventory of all personal property acquired individually or jointly before and after the date of marriage Everyone’s situation is unique, and there may be additional factors that we need to consider. The key is to have a comprehensive understanding of the assets and income sources that are at play in your divorce. Only with this understanding will it be possible to make informed decisions with your long-term best interests in mind. Step 2 – Developing a Plan The next step after gathering all necessary information is to develop a plan for securing your desired outcome in your divorce. This includes prioritizing your marital assets, anticipating your spouse’s priorities, and building a persuasive argument with regard to alimony. Knowing what you want, what your spouse wants, and what you are both willing to accept will allow you to approach your divorce systematically. You will be able to make reasoned decisions, and you will be able to stay a step ahead in your divorce negotiations. Often, high net worth couples will have significant assets held in retirement accounts, and withdrawing assets from these accounts during their divorce... - Published: 2013-09-17 - Modified: 2026-09-28 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/contested-vs-uncontested-divorce/ Hire an Experienced Bethesda Contested Divorce Attorney to Help Protect Your Legal Rights It is common for disputes to arise during the divorce process. There are lots of issues involved, emotions are often running high, and both spouses have a strong interest in ensuring that they achieve the best outcome possible. When divorcing spouses are not able to come to terms on their own, they will each need to hire an experienced Bethesda contested divorce attorney to help them move forward. When preparing for a contested divorce, it is best to start working with an attorney as early in the process as possible. The more you can do to get ready, the better able you will be to evaluate your options and make informed decisions. Attorney Brandon Bernstein has significant experience helping spouses prepare for contested divorces. He can help you anticipate issues and explore possible solutions, and he can help you do everything necessary to ensure that you achieve a favorable outcome from your divorce. The Contested Divorce Process in Maryland A divorce is considered “contested” any time the spouses are unable to reach an agreement on all aspects of their divorce without third-party intervention. While this can involve asking a judge to render a binding decision, it can also involve working with a mediator to find an amicable path forward. With this in mind, the process of going through a contested divorce in Maryland typically involves: Filing a Divorce Petition – To initiate the contested divorce process, one spouse will file a divorce petition in court. In contested divorce cases, there can be benefits to filing first; and, if you are anticipating issues during your divorce, this is definitely something you will want to discuss with your Bethesda contested divorce attorney. Filing a Response – Once one spouse files a divorce petition, the clock starts ticking for the other spouse to file a response. In this filing, the responding spouse should dispute all relevant allegations in the petition and set the stage for any counterclaims or defenses. Conducting Discovery – Discovery is the formal legal process through which litigating parties obtain relevant information from one another. While the fundamental purpose of discovery is to gather the information you need to make informed decisions, there are strategic aspects to the discovery process as well. Entering Into Settlement Negotiations – Spouses can enter into settlement negotiations at any time during a contested divorce. Many contested divorces get resolved through the settlement process, as mitigating the costs of litigation can be advantageous for both parties. Divorcing spouses also have the option to settle certain aspects of their divorce (i. e. , child custody, child support, alimony or property division) while continuing to contest others. Attending Mediation – Mediation is an intermediate step between divorce settlement negotiations and trial. In mediation, divorcing spouses attempt to resolve their remaining differences with the help of a neutral third party (the “mediator”). Unlike a judge, a mediator does not render a binding decision, but instead attempts to facilitate a settlement by offering suggestions and helping each spouse see the other’s point of view. Going to Trial – In some cases, the only practical option for resolving a contested divorce will be to go to trial. When seeking a favorable decision in court, it is imperative to have an experienced Bethesda contested divorce attorney on your side. These are the main overarching steps in the contested divorce process—keeping in mind that spouses can settle at any time. However, each case is different, and the specific steps spouses need to take in order to finalize... - Published: 2013-09-17 - Modified: 2026-09-28 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/property-distribution/ Bethesda Property Division Lawyer Dividing spouses’ marital property is a key aspect of the divorce process. While some states require a 50-50 split, this is not the case in Maryland. Instead, Maryland law requires that divorcing spouses divide their assets equitably. What constitutes an “equitable” distribution depends on the circumstances involved, and it is important for each spouse to have an experienced Bethesda property distribution lawyer who can help them achieve a fair outcome. Separate vs. Marital Property The requirement for divorcing spouses to divide their assets only applies to the spouses’ “marital” property. Generally speaking, this includes real estate held as tenants by the entirety and any other property acquired by one or both spouses during the marriage. Any assets that do not qualify as marital property are one spouse’s “separate” property, and these assets are not subject to division in a divorce. Assets owned prior to the marriage are typically separate property (although it is possible for these assets to become marital property in some circumstances). Other assets that may qualify as separate property include gifts from third parties, individual spouses’ inheritances, and assets excluded from marital property by a prenuptial agreement. Types of Property Subject to Distribution in a Divorce In the absence of a prenuptial agreement, all of the spouses’ marital assets are on the table in a divorce proceeding. This includes assets such as: Real estate Cars, trucks, SUVs and motorcycles Boats and recreational vehicles (RVs) Furniture, appliances and electronics Jewelry, artwork and collectibles Tools, musical instruments and recreational equipment Digital photo, music and movie libraries Family photo albums and keepsakes Bank and investment accounts Retirement accounts and pensions Cryptocurrency wallets and other digital assets Privately-held business interests Oftentimes, one or both spouses will have an emotional attachment to certain marital assets. While this can add to the challenges of dividing a couple’s marital estate, in our experience most couples are able to come to terms through the informal negotiation process. However, divorce mediation and collaborative law are also highly effective tools for helping spouses overcome challenges during the divorce process, and we help our clients utilize these tools as and when necessary. Our Bethesda Property Division Lawyer Outlines Maryland’s Equitable Distribution Factors Divorcing spouses in Bethesda must divide their marital property taking into account Maryland’s equitable distribution factors. In the event that a dispute regarding property distribution ends up in court, the judge will consider these same factors in deciding what constitutes a fair outcome. Maryland’s equitable distribution factors include: The circumstances leading to the spouses’ divorce The duration of the spouses’ marriage Each spouse’s financial and non-financial contributions to their family’s wellbeing The total value of each spouse’s separate and marital property interests The spouses’ respective anticipated economic circumstances post-divorce Each spouse’s effort expended in accumulating marital property Each spouse’s age, physical condition and mental condition Whether either spouse will receive alimony after the divorce Whether one spouse will continue to live in the family residence with primary custody of the spouses’ children post-divorce This list is not exclusive. Maryland law also allows for consideration of other factors “necessary or appropriate in order to arrive at a fair and equitable” outcome. With this in mind, if you believe that any of the circumstances of your marriage or divorce may be particularly relevant to the distribution of your marital property, this is something you will want to discuss with your Bethesda property division lawyer during your free initial consultation. Options for Dividing Marital Assets During a Divorce in Maryland Even if divorcing spouses agree that a 50-50 split is equitable, this does... - Published: 2013-04-04 - Modified: 2026-09-28 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/protective-orders/ Obtain a Protective Order: Maryland Protective Order & Peace Order Filing At the Law Offices of Brandon Bernstein, we'll help you to protect yourself, your privacy, and your family, by taking up your case and working with you to obtain a protective order. Maryland protective order and peace order filing will be a far easier and more successful process with an experienced attorney on your side. At the Law Offices of Brandon Bernstein, we're familiar with the rules of evidence and how to meet the burden of proof required to reach the outcome you're seeking. In Maryland, protective order and peace order are the two terms used -- whereas "restraining" order is not an official term or process in the state. A peace order is typically issued involving any non-domestic relationship. This includes dating, coworkers, strangers and other acquaintances. Protective orders are utilized in the case of domestic relationships including spouses and ex-spouses. If you are considering filing a Maryland protective order, it's important that you act quickly. Petitions must be filed within 30 days of the act which occurred, and there must be a specific incident or scenario being described. Of course, should you find yourself in the position of needing to defend yourself against a protective order, it's also important that you have the right legal assistance. A protective order may contain serious allegations which can have a significant impact on your job and career, your future and more, which is why it's so important to work with an experienced attorney who knows how to defend your rights. Call us at 240. 395. 1418 and we'll provide you with a free consultation, and begin guiding you through the process of filing and obtaining a peace or protective order. Maryland protective order petitions are designed to protect you, so take action today when you're in need. - Published: 2013-01-14 - Modified: 2026-09-28 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/child-custody/ Bethesda Child Custody Attorney When going through a divorce or separation as a parent, one of the most important aspects of the process is establishing child custody. In Maryland, the courts recognize that it is in a child’s best interests to spend meaningful time with both parents (except in rare circumstances), and all child custody determinations focus on protecting the best interests of the children involved. Bethesda child custody attorney Brandon Bernstein has been helping divorcing and separating parents establish parenting plans for more than a decade. He can use his experience to help you secure your desired custody rights in accordance with Maryland law—amicably if possible and in court if necessary. In addition to representing parents during divorces and separations, Brandon also assists parents with enforcing and modifying their child custody rights. Regardless of your specific needs, we can help if you have questions about child custody, and we encourage you to schedule a time to discuss your personal circumstances in confidence. Establishing Child Custody Rights During a Divorce or Separation Maryland still primarily follows the established case law in Taylor v. Taylor and Montgomery County v. Sanders; but it should be noted that the state’s child custody laws underwent a major overhaul in 2020. As a result of this overhaul, the factors for determining a child’s best interests are now specifically enumerated in Maryland Rule 9-204. 1. This Rule also encourages parents to develop a mutually-agreeable parenting plan during their divorce or separation—addressing both legal custody (decision-making authority) and physical custody (parenting time) with their children’s best interests in mind. Maryland’s “best interests factors” are both non-binding and non-exclusive. Maryland Rule 9-204. 1 states that parents “may” consider these factors along with “[a]ny other factor deemed appropriate by the parties. ” With that said, divorcing and separating parents will want to focus on these factors in the vast majority of scenarios, giving due weight to each individual factor based on their unique family circumstances. Some examples of Maryland’s “best interests factors” include: The stability and foreseeable health and welfare of the child; The child’s relationship with each parent and any siblings, other relatives or other “individuals who are or may become important in the child’s life”; The child’s developmental needs, including physical safety, emotional security and cognitive growth; The child’s day-to-day needs, including education, socialization, and mental and physical health; The child’s age; The parents’ ability to communicate and resolve disputes without intervention; and, The location of each parent’s home in relation to the child’s school and activities. If divorcing or separating parents are unable to reach an agreement regarding legal custody, physical custody or both, they must submit a Joint Statement of the Parties Concerning Decision-Making Authority and Parenting Time to the court. The court will then issue a binding decision, taking into consideration any areas of agreement and the relevant “best interests factors. ” While this will be necessary in some cases, Bethesda child custody attorney Brandon Bernstein has had significant success helping parents amicably negotiate comprehensive parenting plans even in highly contentious situations. When divorcing or separating parents are willing to work together, they have a variety of options for developing a parenting plan that addresses their respective needs and desires while also complying with Maryland law. If you and your spouse or partner are interested in an alternative custody arrangement—such as co-parenting or bird’s nest custody—Brandon can work with you to develop a plan that will serve your family for years to come. A Bethesda Child Custody Attorney Can Assist with Enforcements & Modifications In Maryland, violating the terms of a child... - Published: 2013-01-14 - Modified: 2026-09-28 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/separation-agreements/ Bethesda Separation Agreement Lawyer In general, when you file for a “no-fault” divorce in Maryland, you and your spouse must live separately for 12 months before you can finalize the process. To avoid issues during this time, you can hire a Bethesda separation agreement lawyer to prepare an agreement that addresses property rights, child custody, financial support and other relevant matters. Note that In Maryland, divorcing individuals who do not share minor children are allowed to proceed with the divorce without living separately for 12 months. This is commonly referred to as a mutual consent divorce. Pre-Divorce Separation Agreements Serve Multiple Purposes In addition to helping you manage your 12-month separation period, entering into a separation agreement can also help streamline your divorce. Many of the decisions you make when preparing your separation agreement will carry over to your divorce; and, if you discover that the terms of your separation won’t work for you long-term, you can use this to make even better-informed decisions during the divorce process. As a result, working with a Bethesda separation agreement lawyer can serve multiple purposes, and it will be important for you to choose a lawyer who can represent you in your divorce as well. Experienced Legal Representation for Crafting a Pre-Divorce Separation Agreement Lawyer Brandon Bernstein brings more than a decade of experience to representing spouses in separation agreement negotiations and divorce proceedings. He can work closely with you to craft a separation agreement that addresses your specific concerns in light of your unique family and financial circumstances. While a separation agreement may be a short-term solution, failing to negotiate a suitable separation agreement can lead to long-term problems, and Brandon Bernstein is committed to protecting his clients’ interests as comprehensively and cost-effectively as possible. Key Issues to Address in Your Pre-Divorce Separation Agreement Your pre-divorce separation agreement should address many of the same issues that you will address in your divorce. This includes issues such as: Property Rights – While you and your spouse live separately, which spouse will stay in the family home, and which spouse will have the right to use your vehicles, electronics and other personal property items? Finances – How will you and your spouse responsibly manage your finances while maintaining two separate households? Will one spouse need to rely on the other spouse’s income? Child Custody – Where will your children live during your separation? How will you manage parenting time, and how will you make important decisions about your children’s healthcare, education and other similar types of issues? Just as it is important to make informed decisions about these issues during your divorce, it is important to make informed decisions about these issues when negotiating your separation agreement. While the terms of your separation won’t directly affect the outcome of your divorce (unless you agree otherwise), failing to adequately protect your interests in your agreement can lead to a variety of unnecessary disputes, costs and complications. Schedule a Free and Confidential Consultation with Bethesda Separation Agreement Lawyer Brandon Bernstein If you are preparing to go through a divorce and would like to know more about entering into a separation agreement, we encourage you to get in touch. To schedule a free and confidential consultation with Bethesda separation agreement lawyer Brandon Bernstein, please call 240-395-1418 or tell us how we can contact you online today. - Published: 2013-01-14 - Modified: 2026-09-28 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/divorce-mediation/ Turn to a Bethesda Divorce Mediation Attorney for an Easier and More Affordable Solution Maryland divorce mediation is a voluntary process whereby each spouse agrees to explore an alternative to a lengthy and costly courtroom battle. By doing so, each side hopes to come away with a result which is equitable and fair, and considerably less stressful, time-consuming and expensive. A trained Bethesda divorce mediation attorney, Mr. Bernstein has the experience necessary to deliver positive outcomes from mediation. Learn more about how we can help you pursue divorce or family law mediation in Maryland here. Sometimes, a third party is all that is needed to keep things as amicable and smooth as possible. Mr. Bernstein has extensive experience with divorce mediation in Maryland. His insight and negotiation capabilities have allowed many couples to forgo messy entanglements and the negative consequences that brings on yourself, your family and your finances. Why Choose Divorce Mediation? Consider this common scenario: You and your spouse are working through your divorce. You are both committed to finding an amicable resolution, but you are having trouble coming to terms. Nothing you suggest quite works for your spouse, and nothing your spouse suggests quite works for you. In this scenario, divorce mediation could be a good option. Divorce mediation offers a way to overcome disagreements during a divorce without either spouse feeling like he or she is getting the short end of the deal. It also allows divorcing spouses to move forward without the additional costs, delays and time constraints of litigation. Crucially, since mediation is voluntary, either spouse can terminate the process at any time if it no longer seems worthwhile. While some couples use mediation to resolve all of the issues involved in their divorce, divorcing spouses can also use mediation to address specific issues. For example, if you and your spouse are in agreement regarding your parenting plan and financial support arrangements (i. e. , child support and alimony) but you both want to keep many of the same marital assets, you can use mediation for purposes of property distribution only. This is just one example of numerous possibilities. Divorcing spouses can use mediation at any time and for any reason they deem necessary; and, in this way, mediation offers maximum flexibility for overcoming challenges during the divorce process. If mediation helps you and your spouse come to terms, you can finalize your divorce and move on. If it doesn’t, you still retain all of your other options for finding a path forward. In divorce mediation, you and your spouse retain full control of the outcome. The mediator’s role is not to make decisions for you but rather to help you and your spouse find a mutually acceptable path forward. The mediator (who is typically a family law attorney or retired family law judge) will offer possible solutions based on his or her experience. If the mediator believes that important information is getting lost or overlooked, he or she will help ensure that you and your spouse are giving due consideration to all relevant factors. What Is Divorce Mediation and Why Should I Care About It? Divorce mediation is a type of alternative dispute resolution. It offers divorcing spouses an opportunity to reach an out-of-court agreement on any issues on which they cannot come to an agreement on their own. Unlike traditional divorce negotiations, it is not an adversarial process. Rather, a neutral third-party mediator — who does not represent either of the parties individually — helps the spouses work through their disagreements to arrive at a mutually beneficial solution. It is... - Published: 2013-01-14 - Modified: 2026-09-28 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/prenuptial-agreements/ Protect Yourself with the Help of a Bethesda Prenuptial Agreement Attorney When entering into a marriage, there are several reasons to consider entering into a prenuptial agreement. Beyond “planning for divorce,” a well-drafted prenuptial agreement will serve several other important purposes to both spouses’ benefit. Many fiancés are hesitant to bring up the subject of a prenuptial agreement (or “prenup”) with one another. But, this is largely due to misconceptions about prenups and their varied purposes. We understand this; and, in addition to helping our clients craft protective and mutually beneficial prenups, we also give our clients tools for opening a caring and non-confrontational dialogue about why it is important to have a prenuptial agreement in place. Common Prenuptial Agreement Terms in Maryland When crafting a prenuptial agreement, it is up to you and your fiancé to decide what terms you want to include. There is no such thing as a “standard” prenup, and it is important to have an agreement that addresses your particular circumstances and any specific concerns you may have. With this in mind, some examples of common prenuptial agreement terms in Maryland include: Financial Management – Fiancés can use a prenup to create rules around things like managing their family budget, working toward savings goals, going into debt, and spending on non-necessities and luxury items. Estate Planning – Oftentimes, fiancés will need to develop a prenuptial agreement in order to allow their respective estate plans to work as intended. Identifying Separate Property – By default, assets that one fiancé brings into a marriage are that fiancé’s “separate” property, and they are not subject to division in the event of a divorce. A prenup can be used to identify separate property upfront so that there is no confusion down the line. Addressing Property Ownership and Financial Support Issues – In their prenuptial agreement, fiancés can agree that certain separate assets will be treated as marital assets, or vice versa. Fiancés can also use their prenuptial agreement to address financial support issues for the future if necessary. Avoiding Business-Related Issues – If one or both fiancés own a business, they can use their prenup to establish both parties’ respective ownership and control rights—both now and in the future. Resolving Issues During the Marriage – Prenups can also include provisions that address dispute resolution during the marriage. For example, fiancés may agree in advance that they will use family law mediation if they reach an impasse on any issue that has the potential to disrupt their marriage. Again, these are just examples. If you are considering a prenup for any reason (or if your fiancé has asked you to sign a prenup), we encourage you to contact us for more information. What Should You Not Agree to In a Prenup? Consenting adults may agree to a wide range of terms in their prenuptial agreements. Each couple is different, so each prenup is also different, but prenups tend to focus mostly on financial matters, particularly property division in the event of divorce. While couples have significant latitude when negotiating the terms of their prenups, there are certain provisions that you should not agree to in a prenup, either because they are legally unenforceable or because they generally are not in your best interests. A Bethesda prenuptial agreement attorney can help you identify those provisions. Alimony Waivers Alimony is one of the most common — and fraught — issues in prenuptial agreements. Because alimony is a financial matter, provisions concerning alimony are valid and enforceable in Maryland prenups. While some states have special rules in place that govern a... - Published: 2012-07-30 - Modified: 2026-09-24 - URL: https://www.brandonbernsteinlaw.com/areas-of-practice/family-law/divorce/ As your Maryland divorce attorney, Mr. Bernstein is here to fight on your behalf, and to protect your interests during a difficult, unexpected and trying time. Bethesda Divorce Attorney Getting divorced is a process that requires you to make several informed decisions with your long-term best interests (and your children’s long-term best interests) in mind. To ensure that you make the right decisions—and to ensure you don’t overlook any issues that could lead to problems after your divorce—it is important to have an experienced Bethesda divorce attorney on your side. Firm founder Brandon Bernstein is a Bethesda divorce attorney who has more than a decade of experience representing individuals in divorces and other family law matters. From parenting time issues to issues that are unique to high-net-worth couples, he helps his clients navigate all aspects of the divorce process—amicably whenever possible and in the Maryland courts when necessary. All of the divorce lawyers at our firm have extensive experience advising spouses before, during and after the divorce process, and we are passionate about helping our clients make informed and strategic decisions focused on the future. What Are the Grounds for Divorce in Maryland? Until recently, Maryland was among the dwindling number of states that retained fault-based grounds for divorce. This changed in 2023, when the state legislature abolished the fault-based grounds for divorce in favor of a more contemporary “no-fault” divorce statute. Today, spouses in Maryland can file for divorce based on any of the following: “Irreconcilable differences;” Mutual consent; or, Separation lasting at least six months. The elimination of Maryland’s former fault-based grounds for divorce opens up the option of getting divorced to all spouses who wish to bring their marriage to an end. While proving adultery and other forms of marital fault often proved challenging, even a disagreement over whether to get divorced is enough to establish “irreconcilable differences. ” In short, establishing grounds for divorce is no longer an issue. If you are ready to get divorced, a Bethesda divorce attorney at our firm can help you start the process today. Issues That Need to Be Resolved During the Divorce Process While everyone’s circumstances are unique, there are several overarching issues that spouses will typically need to resolve during the divorce process. Bethesda divorce attorney Brandon Bernstein can help you thoughtfully, comprehensively and strategically address issues such as: Property Distribution – In the absence of a prenuptial or postnuptial agreement, divorcing spouses in Bethesda must divide their marital property according to the principles of equitable distribution. However, your “separate” assets are not subject to distribution, and identifying your marital and separate assets is a key early step in the divorce process. Our divorce lawyers can assist with identifying your marital and separate property, and we can help you think through all of the practical, financial and legal considerations involved in dividing your marital property during the divorce process. Debt Distribution – In addition to dividing their marital assets, divorcing spouses in Maryland must also divide their marital debts. While property and debt distribution often go hand-in-hand, dividing debts presents some unique considerations, particularly when a debt is in one spouse’s name. Alimony – Maryland law establishes a long list of factors divorcing spouses must consider when negotiating alimony, or when seeking (or seeking to avoid) alimony in court. These include the duration of the marriage, the standard of living enjoyed during the marriage, and each spouse’s ability to be self-supporting, among others. While not all divorces involve alimony, it is also possible for alimony to play a central role in the divorce process. Child Support – For spouses with minor children, calculating child support is a necessary part of the divorce process. Most couples will need to calculate child support in...