How to Avoid an Ugly Divorce

Engaging in costly, contentious litigation is not your only approach to divorce. There are several ways to keep your divorce amicable and out of the courtroom that are more cost-efficient, keep you in the driver’s seat, and are in the best interests of your children.

Negotiation

Depending on how complicated the issues are or how much the parties are on the same page, parties can execute a marital settlement agreement through direct negotiations between themselves and/or through counsel. If parties come to agreed-upon terms on their own, it is highly recommended that an attorney draft the agreement and the other party have an attorney of their selection review the agreement, but it is not required.

Mediation

Mediation is a process in which a trained neutral, such as a family law attorney, retired judge, or certified mediator, assists parties in communicating with one another and reaching agreements that meet both party’s needs. Parties may attend mediation with or without counsel and it is confidential. Mediation is party-driven and allows parties to reach decisions that are best suited to their family’s needs.

Collaborative Law

The Collaborative Law process is a multidisciplinary approach that utilizes professionals in relevant areas such as law, accounting/finance, and psychology/social work to consult with clients on various objectives and outcomes. The Collaborative Law process is party-focused with professionals offering advice and the parties making the decision. This process is intended to help alleviate any anger and resentment between parties and maintain goodwill following the divorce. The professionals and parties work collaboratively to achieve the goals of the family. The process ultimately concludes with the execution of a global agreement made for and by you.

Filing for Divorce

Once you have an agreement via mediation, Collaborative Law, or by negotiation between counsel and/or the parties, you will need to file for an uncontested divorce. In Maryland, mutual consent is one of the three no-fault grounds for absolute divorce in Maryland. There is no separation requirement or waiting period. Pursuant to mutual consent, both parties must execute a written settlement agreement. The settlement agreement must resolve all issues including alimony, distribution of property, and custody and child support of the minor child(ren). Once the agreement is executed and filed with the court along with a Complaint and Answer, a ten-minute uncontested divorce hearing will be set. If no party files a pleading to set aside the agreement prior to the divorce hearing, the court will review the settlement agreement to ensure that the terms relating to the minor children are in the best interests of the children, if applicable. If all meets with the approval of the court, the parties will be divorced.

Similarly, in D.C., there is no waiting period or separation requirement as of February 10, 2024. The new law simply requires that either one or both parties assert that they no longer wish to be married. As such, parties may execute a settlement agreement via the aforementioned processes, and file for divorce, asserting that they no longer wish to be married, in order to qualify for a divorce in D.C. To read more about the changes to D.C. divorce laws, please click here.

Our attorneys are trained, experienced, and ready to assist you in achieving an amicable divorce. Click here to contact our office today or call us at 240-396-4373.

D.C. Divorce Law Updates in 2024

The new year brings noteworthy updates to D.C. family law provisions. The Council of the District of Columbia has recently passed D.C. Act 25-322, amending key provisions in D.C. divorce laws. This legislation, effective as of January 26, 2024, has been codified and is now officially law. These changes impact various aspects of family law in the District of Columbia, bringing immediate legal implications.

No More Waiting Period for Divorce

In D.C., it has been the law for many years that parties have grounds to seek a divorce if (1) “both parties to the marriage have mutually and voluntarily lived separate and apart without cohabitation for a period of six months” before filing for divorce or (2) “both parties to the marriage have lived separate and apart without cohabitation for a period of one year” before filing for divorce. D.C. Code §16-904(a). This means that you could file for a divorce after being mutually and voluntarily separated for six months or after being separated for one year. In D.C., you were considered separated for the time you ceased acting as a married couple, including not sharing a bed or bedroom or having marital relations. 

However, as soon as the new law goes into effect, there will no longer be a waiting period to file for divorce after separation. Instead, “[a] divorce from the bonds of marriage may be granted upon the assertion by one or both parties that they no longer wish to remain married.” D.C. Act 25-322, Grounds for Divorce, Legal Separation, and Annulment Amendment Act of 2023. 

Similarly, a legal separation may also be granted “upon at least one party’s assertion that they intend to pursue a separate life without obtaining a divorce” whereas previously, the parties were required to mutually and voluntarily live separate and apart or to have lived separate and apart for at least one year before filing.

Abuse as a Factor in Marital Property Division and Alimony

Property division in D.C. is done on an equitable basis (whatever the Court thinks is fair and reasonable). In determining what is an equitable distribution of property, the legislation directs the Court to consider a non-exhaustive list of factors, which includes things like the duration of the marriage, if alimony is being awarded, custody provisions, etc. See D.C. Code § 16-910(a)(2). The new law adds an additional factor for the Court’s consideration: “the history of physical, emotional, or financial abuse by one party against the other.” D.C. Act 25-322. The new law also adds this same language regarding abuse to the non-exhaustive list of factors the Court should consider when determining alimony. See D.C. Code § 16-913(d)(5). For more information about marital property division in D.C., please check out our previous blog post here.

Use and Possession of the Family Home

Pendente lite (Latin for “pending litigation”) relief are things the Court can award on a temporary basis, before the final hearing/trial, while the divorce and/or custody case is pending. This relief includes temporary alimony, temporary child support, and temporary custody. The new law adds one additional form of pendente lite relief: use and possession of the family home. Use and possession of the family home means that the Court can award one party occupancy of the family home for a prescribed period of time, regardless of how the home is titled.

Why These Changes Are Important 

By removing the waiting period to file for divorce, the new law removes a major barrier to ending a legal relationship. The sooner you can close one chapter of your life, the sooner you can move on to bigger and better things.

These changes also provide significant protections to spouses who are survivors of domestic violence by preventing one spouse from unnecessarily delaying a divorce, allowing the Court to weigh abuse as a factor when considering equitable distribution of marital property and alimony, and allowing an abused spouse to stay in the family home, even if the home or lease is titled in the other party’s name.

If you have further questions regarding D.C.’s new divorce laws, please contact Markham Law Firm at 240-396-4373 to setup a consultation.

What is Collaborative Law?

When you think of a divorce or custody case, you probably think of a contentious courtroom drama. However, there is a lesser-known, family-centric process to resolve divorce and/or custody. This process is known as Collaborative Law.

What Is Collaborative Law?

The Collaborative Law process is a multidisciplinary approach that utilizes professionals in relevant areas such as law, accounting/finance, and psychology/social work to consult with clients on various objectives and outcomes. The Collaborative process is party-focused with professionals offering advice and the parties making the decision. This process is intended to help alleviate any anger and resentment between parties and facilitate a positive, healthy relationship following the divorce. The professionals and parties work collaboratively to achieve the goals of the family.

How Does Collaborative Law Work?

            Many think of the first step in divorce or custody as filing and serving “papers,” aka initiating a lawsuit against your spouse/partner. In Collaborative Law, your case is kept out of the courtroom. Rather, the first step in Collaborative Law is to establish your goals and interests with your attorney. These goals and interests will guide the process and ultimately help you reach a resolution in line with those goals and interests. In the beginning, you and your attorney will determine which professionals can assist with your matter, including, if applicable, a parent coach and a financial neutral. A parent coach is a mental health professional who will help you execute a parenting plan that is in the best interests of your child(ren) and your family. A financial neutral is a certified financial professional that aids you in reaching an agreement on the division of your assets and property. The process develops through a series of meetings with the coaches, your attorney, and the team. Team meetings consist of all professionals and parties and is a forum designed to facilitate transparency between the parties and promote open discussion on issues and options with professional guidance. The process ultimately concludes with the execution of a global agreement made for and by you.

Why Choose Collaborative Law

            The family court system is designed to be adversarial. As such, divorce/custody litigation is painful, destructive, and costly to families. Collaborative Law circumvents the adversarial process and helps families remain whole and resolve their divorce/custody matter with their interests at the forefront. By working with professionals in various disciplines, you are well-equipped with the resources and information to make the best decision for your family. Unlike in Collaborative Law, in litigation, a judge, who has limited information on you and your family, would make those decisions for you.

Our attorneys are trained and experienced in Collaborative Law, so if you are interested in engaging this process, please contact us at 240-396-4373 and we are ready to assist you.

Is My Spouse Entitled to Property I Acquired After the Date of Separation?

Going through a separation or divorce can be a challenging and emotionally charged time. Among the many concerns that arise during this process is the division of property and assets. One common question that arises is whether a spouse has any claim to property acquired after the separation has occurred.

What is considered marital property?

In Maryland and the District of Columbia, if property is acquired by one spouse after separation but before the divorce is finalized, it is still considered marital property. Campolattaro v. Campolattaro, 66 Md. App. 68, 81 (Md. Ct. Spec. App. 1986); Boyce v. Boyce, 541 A.2d 614, 616 (D.C. 1988); D.C. Code § 16-910(a). Marital property includes assets acquired during the marriage, while separate, premarital property typically includes assets acquired before the marriage, through inheritance, or as a gift.

What is equitable distribution?

Maryland and the District of Columbia follow the principle of equitable distribution, which means that marital property is subject to an equitable division between spouses by applying several factors. The factors include the circumstances surrounding the property's acquisition, both parties' monetary and non-monetary contributions, and the overall equitable distribution of assets. Separate, premarital property is generally retained by the individual who acquired it.

Do I need a written agreement to divide assets?

To avoid potential disputes and resolve the division of property, many couples choose to enter into a written separation and property settlement agreement. A written separation and property settlement agreement is a legally binding contract that establishes the terms of the division of assets. A signed separation agreement will stop the accumulation of marital assets after the separation but before the divorce is finalized and therefore will govern whether your spouse has an interest in property acquired after the date of the separation agreement.

If you need assistance with your separation and property settlement agreement, please contact Markham Law Firm at 240-396-4373 .

NEW: Maryland Divorce Laws as of October 1, 2023

On May 16, 2023, Governor Wes Moore signed new legislation into law which completely overhauls the Maryland divorce law scheme. This new legislation went into effect on October 1, 2023.

How does this new legislation affect you and your divorce?

Limited Divorce

The new legislation repeals limited divorce in its entirety. Limited divorce did not dissolve the marriage and could be more easily compared to a legal separation. It provided parties a basis to seek relief when they did not otherwise qualify for, or for some other reason could not request, an absolute divorce. This relief included child custody, child support, and alimony. However, you can no longer request a limited divorce in Maryland.

Absolute Divorce

The new legislation also revises how you can receive an absolute divorce under the law. When you file for a divorce, you must do so under certain statutory grounds. Prior to the new law, you could receive an absolute divorce in Maryland under the following grounds:

• Adultery

• Desertion

• Conviction of a felony or misdemeanor with incarceration

• 12-month separation

• Insanity

• Cruelty of treatment or vicious conduct toward a spouse or minor child

• Mutual consent

However, the new legislation has changed these grounds and now, you can request an absolute divorce under these new grounds:

• 6-month separation

• Irreconcilable differences

• Mutual consent

Why this change matters

While limited divorce was rarely used, it gave parties who could not end their marriage a way to still obtain necessary protection under the law. Parties may have been unable to end their marriage for many reasons, including religious restrictions and access to health care. Repealing limited divorce may have a negative impact on individuals in these, or related, circumstances.

However, the new legislation has rendered it easier to seek an absolute divorce in Maryland than it was before. Previously, the law only provided two ways to seek a divorce on no-fault grounds: 12-month separation (including separate homes) or mutual consent. A 12-month separation is often not economically feasible for many couples, because maintaining two separate households is costly, creates childcare issues, etc. To qualify for a divorce under mutual consent, parties are required to settle all outstanding issues related to the marriage, including property division, alimony, child support, and child custody, expressed in a signed, written agreement.

If you did not qualify for either of those grounds for divorce, you had to prove that your spouse committed some wrongdoing under one of the fault-based grounds. Proving fault-based grounds for divorce could be difficult, timely, expensive, and often heightened the conflict between the parties.

The new law makes divorce more attainable in multiple ways. First, it shortens the requisite period of separation to six months and removed the requirement that parties must live in separate homes. Rather, parties can now be separated but reside in the same household as long as they maintain separate lives and bedrooms. The law also repeals many of the fault-based grounds for divorce and added “irreconcilable differences” as a non-fault basis for divorce. While it is unclear how the courts will address “irreconcilable differences”, it is generally applied in situations where the marriage has broken down and the parties wish to seek a divorce without proving fault, separating for the requisite time frame, or coming to a mutual agreement on all related issues.

Pending Divorce Actions

If you have a divorce action currently pending in a Maryland court, this legislation will not affect your case. These changes only apply to filings initiated on or after October 1, 2023.

If you have further questions regarding Maryland’s new divorce laws, please contact Markham Law Firm at 240-396-4373 to setup a consultation.

Preparing for the Holidays During Divorce or Separation

The holidays are a stressful time for everyone – but especially those battling custody issues or in the process of a divorce or separation. However, you can take action now to reduce stress this coming holiday season.

If you and your spouse have an interim agreement, whether formal or not, it is important that you follow it. Stability is important for children and your compliance demonstrates a willingness to co-parent to the Court.

However, if you don’t have an interim agreement in place, now is the time to create one. In proposing a holiday schedule to your spouse, here are some important factors to consider:

• Work schedules

• School schedules

• Role of religion

• Any family traditions or events

• Children’s relationship with extended family

• Travel and logistics

• Current custody arrangement 

You and the other parent should work together to come up with the best holiday schedule for your family. Some popular holiday schedules include:

• Fixed holidays (i.e. one parent always gets Thanksgiving)

• Alternating holidays (i.e. one parent gets Thanksgiving this year and one parent gets Thanksgiving next year)

• Dividing school breaks (i.e. one parent gets the first half of winter break, one parent gets the second half)

• Dividing the day (i.e. one parent gets Thanksgiving for the first half of the day, one parent gets the second half)

• Or any combination of the above (alternating which parent gets the first half of winter break and which parent gets the second half)·     

Mediation is a great avenue to help you and your spouse communicate effectively and create a holiday plan that works for your family. Please contact the Markham Law Firm team at 240-396-4373 to schedule time with one of our trained mediators today.

What is Nesting?

Unlike typical shared parenting time agreements, which have children traveling back and forth between each parent’s home, in a nesting agreement, the parents alternate spending time in the family home (the nest), and the children stay put.

In most cases, separating parents who opt for nesting see the arrangement as a temporary fix for the benefit of the children. Eventually, each spouse will need his or her own home to live separately with the children. Separating parents may opt for nesting if they cannot afford to support two households, if they are still working out their final divorce settlement, or if they want to delay any potential disruption to the children. If used, nesting should only be a temporary arrangement. Nesting may help children through the separation because it allows the children to temporarily stay in the home to which they are accustomed.

There are few options for parents when it comes to nesting. Some separating parents opt to share or have separate rental accommodations. Others will stay with family or friends. Some will organize a combination of each option when they are not with the children.

The most obvious benefit of nesting is financial. Couples who reside together can save money when they only have to support one family home. If the plan is eventually to sell the family home, nesting can be a beneficial financial decision because couples can nest until the housing market is favorable to their needs or until other ancillary matters are resolved. Sometimes, nesting is necessary for couples that need time to reestablish themselves financially before they sell the family home. Arguably, the emotional benefit of nesting for children is maintaining the children’s stability while the parents work through their differences, and avoiding any abrupt changes for the children.  

There are, however, considerable downsides of nesting, particularly for extended periods of times. For instance, couples may struggle to move on with their lives after separating if they are continuing to share living spaces. For separating couples that do not communicate well, nesting can be complicated because it requires the couple to agree on the continued maintenance of the home and the nesting schedule. Further complications may be added when the separating spouses have started dating new partners. There may be privacy concerns for any shared spaces in the nest. Nesting, even for a temporary period, is not recommended for couples going through contentious litigation. 

For separating parents who communicate well enough to share spaces, nesting can be financially and emotionally beneficial, in the short term, for both the children and parents. Of course, it is vital that nesting couples have a written agreement outlining the parameters of the nesting situation. If you are interested in exploring a nesting arrangement or looking for legal representation in your divorce, reach out to Markham Law Firm today at 240-396-4373.

Divorce and Frozen Embryos in Maryland

When a relationship dissolves, disputes may arise over cryopreserved embryos that the couple preserved during the relationship. In early 2021, a California judge ended a six-year-long legal battle between actress Sofia Vergara (of Modern Family fame) and her former fiancé over embryos the couple created during their relationship. The California judge in Vergara’s case ruled that she and her ex-fiancé must obtain each other’s written permission in order to use the embryos. In Maryland, the Court of Special Appeals recently issued an important decision on embryo disposition in Maryland. The appellate decision in Jocelyn P. v. Joshua P. addressed an issue of first impression in Maryland, and has now clarified the legal landscape for embryos disposition at separation or divorce. Notably, ART is common in Maryland, which ranks among the top quarter of states with the highest rates of ART usage. 

In Jocelyn P., the lower court aligned with the California judge’s approach in Vergara’s case, which was ultimately overturned by the Maryland appellate court. The lower court’s approach is commonly referred to as “contemporaneous mutual consent,” and requires both parties to agree before anything can be done with frozen embryos. The Maryland appellate court instead outlined a “blended contractual/balancing-of-interests approach,” finding that, “courts should first look to the preference of the parties in any prior agreement expressing their intent regarding pre-embryos” and, in the absence of such an agreement, “courts should seek to balance the competing interests.”

The most impactful language came from the appellate court’s discussion about ART contracts. The court condemned “boilerplate language” and held that “as matter of first impression, progenitors, not fertility centers, must expressly and affirmatively designate their own intent with respect to disposition of pre-embryos.” The court further held that “boilerplate language in third-party form contracts that lack expression or direction from the progenitors will not qualify as express agreement regarding what to do with pre-embryos.” The appellate court is directing parties engaged in ART to create clear contracts stating their plans for preserved embryos in the case of divorce or separation. Anything less, such as personal and inarticulate contracts, will no longer suffice to control the disposition of cryopreserved embryos.

Regardless of the lower court’s outcome for Jocelyn and Joshua when addressing this new case law on remand, the appellate court opinion exemplifies the importance of creating a clear contract addressing ART, which frequently arises in the family law context. At Markham Law Firm we continue to stay knowledgeable about recent family law decisions from our courts of appeal. Do not hesitate to reach out today at 240-396-4373.

What we know about the high-profile Bill and Melinda Gates divorce

On May 3, 2021, in what may be Twitter’s most famous divorce tweet of all time, Melinda French Gates and Bill Gates announced that they are ending their marriage. Bill Gates is the fourth richest person in the world, with a net worth of approximately $124 billion. The Gates’ settlement of marital property could be the largest of all time. Understandably, the Gates desire to keep the details of their high-profile divorce private. One month into the Gates’ announcement, here is what we do know about this multi-billion-dollar divorce.

1. Each party will be represented by at least three law firms, including attorneys versed in Washington State family law. One of Melinda French Gates’ attorneys is celebrity divorce lawyer Robert Stephan Cohen.

2. Melinda French Gates could become the second richest woman in the world after the divorce is finalized. In fact, on the day the couple announced their separation, Bill transferred $2.4 billion dollars in securities to Melinda, officially making her a billionaire separate from her husband.

3. Melinda French Gates is not asking for alimony. Instead, she will likely receive billions of dollars in assets—similar to Mackenzie Bezos, who received a four percent stake in Amazon (worth $38 billion), when she divorced Amazon founder and the richest man in the world, Jeff Bezos.

4. The couple has no minor children. The youngest Gates child is 18, suggesting that the couple may have waited for her to reach legal adulthood before divorcing.

5. In 2017, Bill Gates announced that each his three children would inherit $10 million of his fortune, but there is speculation that Melinda French Gates is attempting to increase that amount in the couple’s settlement.

6. While there is speculation that the Gates had a prenup, their separation agreement will likely supersede the terms of any premarital agreement.

7. In addition to billions of dollars in Microsoft stock, the Gates’ divorce will divide the couple’s real estate, which is worth $170 million and includes their 66,000 square foot home outside of Seattle, Washington.

8. The Gates’ art collection is worth $124 million and includes works by artists from Leonardo da Vinci to Winslow Homer. The collection could also be divided in the divorce settlement.

9. Although the Gates announced their divorce in 2021, it is rumored that Melinda French Gates hired divorce lawyers in 2019 when news broke about her husband’s alleged friendship with convicted sex offender Jeffery Epstein.

10. While the Gates are divorcing, they will both continue to devote time to the Bill and Melinda Gates Foundation which aims to reduce disease, poverty and inequity worldwide.

Those are the highlights of what we know so far about Bill and Melinda Gates divorce. Dividing 27 years’ worth of monetary and non-monetary contributions to a marriage is no simple task.

If you are considering separation or you are involved in a divorce in Maryland or the District of Columbia, contact our team at Markham Law Firm at 240-396-4373. It is vital that you secure highly competent legal representation even if your assets do not include a da Vinci.

Divorce and Custody Agreements: How to Navigate the Coronavirus Quarantine

            How do you successfully co-parent when you are also forced to quarantine? The spread of COVID-19 has divorced parents asking a lot of questions about how to stay safe and practice “social distancing” while also following their custody agreements. Here are some good tips.     

Stick to the agreement

While this may not be easy, try to follow the terms of the agreement as much as possible. These are stressful and changing times for everyone, which is why maintaining some form of stability can benefit both you and your children.  

Prepare for flexibility 

 With schools closed and activities cancelled, there may be certain aspects to your agreement that actually require change. That being said, both parents should be prepared to be flexible. Communication is essential. 

For example, if pick-up and drop-off typically takes place at your child’s school, you may want to establish an alternative location or agree to some other form of exchange. Regardless, remember that this must be a mutually agreed upon decision that works for all parties involved. 

Be safe

Given the contagious nature of the virus, it is important to avoid social contact if someone in your family presents with symptoms. This may cause disruption to your agreement, however, ensuring that the rest of your family is safe should remain a top priority. Fortunately, there are no shortage of virtual hangout applications that allow you to remain in isolation while also getting facetime in with your kids! 

Don’t forget the priorities 

Remember, it should always be about what is in the best interest of your children.