Recent Blog Posts

Changes to Maryland Divorce Law on October 1, 2011

Attorney Nicolas T. Exarhakis — Thu, 22 Sep 2011 00:29:00 GMT

Today I was interviewed by WTOP Washington Radio regarding the changes to Maryland Divorce Law which will take effect on October 1. This change means that parties to a divorce in Maryland will not have to wait two years to file for divorce in the event one party does not agree to the separation as being "mutual and voluntary". In the past, a resident of Maryland could file a Complaint for Divorce on the grounds of a mutual and voluntary separation after a one year separation. If the other spouse objected to the mutual and voluntary nature of the separation, the filing could not occur until the parties had been separated for two years. The new law means that filing can occur after one year of separation, mutual and voluntary or not.

This new law is detrimental to those who wish to remain married to avail themselves of health insurance, PX/NEX or base privileges or additional contribution of marital retirement accounts. Additionally those with religious or moral objections to, or those who do not wish to be divorced, may find this new law detrimental. However this is a step toward conformity with many other states that require a mere 6 months separation before a no-fault divorce may be filed. As a note, this new law in Maryland does not affect other grounds upon which a divorce may be filed immediately, such as adultery.

If you or a loved one needs help with divorce or separation, contact a Maryland divorce lawyer from our firm today.

Distribution or Division of Property in Maryland Divorce

Attorney Nicholas T. Exarhakis — Thu, 18 Aug 2011 18:50:00 GMT

In Maryland, the Courts follow the doctrine of equitable distribution in the division of property in a divorce. These doctrine means the Court does not have to divide everything equally, although that is typically the case.

Here is what the Court looks at:

1. The court will identify and determine what is marital property and the value of that property.

2. The court will then decide whether or not to grant a monetary award (and if so what amount) and/or divide the marital assets as an adjustment of the equities and rights of the parties.

3. The court will consider the earning power of the parties.

4. The court will consider the separate property of the parties

5. The value in money and effort that each parties' has contributed to the marriage, including family support and child care as well as income.

6. Duration of the marriage as well as the age and health of the parties.

7. The cause of the marital breakup such as abuse or infidelity.

This list is not all inclusive and other factors may be considered by the court.

For a more detailed explanation please contact us - A Maryland divorce attorney will be able to answer your questions.

Custody Evaluations in Maryland

Attorney Nicolas T. Exarhakis — Thu, 16 Jun 2011 19:00:00 GMT

The courts in Maryland use a number of factors in determining the ultimate custodial parent in a contested custody dispute. The factors, of which the famous case of Montgomery County Dept. of Social Services v. Sanders includes but are not always limited to the following:

1) fitness of the parents,
2) character and reputation of the parties
3) desire of the natural parents and agreements between the parties
4) potentiality of maintaining 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,
10) prior voluntary abandonment or surrender,

While the court considers all the above factors, it will generally not weigh any one to the exclusion of all others. Maryland courts will also consider the truthfulness and attitude of the parties during the trial. Honesty and sincerity play a role in the courts determination of the proper custodial parent. The court does not expect a perfect parent. It is best to advise your attorney of issues you may have, so that he or she can present them in a light most favorable you and not as a surprise from the opposing side. The court will examine the totality of the situation in the alternative environments and avoid focusing on any single factor.

Maryland divorce litigation heating up?

Attorney Nicholas T. Exarhakis — Thu, 05 May 2011 22:50:00 GMT

There is evidence that divorce litigation may be increasing as the economy slowly recovers. Parties were waiting for the economy to improve before filing for divorce. This can be a useful strategy depending on how the assets might be valued. House values, retirement accounts, and in some cases, business values have dropped since the beginning of the recession and have not yet returned to their prior levels. That can be a real boon to the spouse who wants to buy out the other spouse. Finally, not having a job or having an income that has been substantially reduced will have a substantial impact on alimony negotiations. There has been a uptick in cases in Anne Arundel and Calvert Counties along with some increase in Howard and Queen Anne's.

If you are ready to begin your divorce or would like more information about what the process entails, contact an Annapolis divorce lawyer today - we are here to help you in any way possible.

Maryland Divorce Law Changes

Attorney Nicholas T. Exarhakis — Thu, 28 Apr 2011 22:40:00 GMT

The ground or basis upon which an Absolute Divorce may be granted by a Court in Maryland will be changing as of October 1, 2011. Senate Bill 139 amends or changes Section 7-103 of the Family Law Article of the Maryland Code. Until October 1, the no fault grounds for divorce required a one year separation that was "mutual and voluntary or a two (2) year involuntary separation. The new section do away with the voluntary separation section and replace it with an involuntary separation grounds. This means that the party seeking the divorce does not have to prove the separation was mutual and voluntary, but only that it was in fact a separation for at least one year. That still means that in most cases the parties must live in separate places for that one year period. This may impact those parties who do not want the divorce because of benefits they may be receiving from the other spouse. Such benefits can include health care, military privileges, retirement accumulations and the like. It will now not be possible for a party to "hold up" the divorce for an additional year.

For more information on this new law and how it affects you, contact an Annapolis divorce lawyer today. We assist clients throughout Anne Arundel County, Calvert County & Queen Anne's County.

Child Custody Evaluations

Attorney Nicholas T. Exarhakis — Tue, 08 Feb 2011 21:19:00 GMT

Custody evaluations, or parenting time studies, are often court ordered when there is a question of parental fitness in a custody case where parents are separating or divorcing. These studies are frequently performed by a forensic psychologist, and consist of parental interviews, child interviews, home visits, psychological evaluations, and collateral reports from friends, family, and professionals in the child's life such as doctors and teachers. The evaluator may also order drug testing or additional interviews as necessary. Though these studies are invasive and may last several months, they are a good way to establish your concerns and achieve the safest and best outcome for your child's well being. Here are 5 tips for effectively presenting your concerns about the other parent to a custody evaluator:

1. Be as factual as possible. Stick with dates, times, and events as accurately as possible. Avoid putting interpretations to actions or diagnoses on your partner.

2. Avoid over emotionalism. While it is appropriate to be upset over what is happening and about the welfare of your children, don't come into every interview crying uncontrollably. Some expression of hurt is expected, but if it is too excessive the evaluator may begin to question your emotional stability.

3. Put your statements of concern or criticism of the other parent in the context of how the actions negatively impact, or could impact, the child. For example, if your partner is having an affair, explain that the chaos and emotional upheaval this brings into the home environment is damaging to the children. If your partner is using drugs, explain the concerns you have about him or her being under the influence around the children, and leaving drugs or related paraphernalia around where the kids could find it.

4. Be honest about your own shortcomings. If you've done anything that could be seen as negatively impacting the child, explain what it is and that you understand the potential or actual effects, and make it clear you are not engaging in the behavior any longer. If you aren't up front, the other parent will likely present it with his or her own spin on it to discredit you.

5. Keep a log of any ongoing actions of your partner that concern you. As incidents occur, email or call the evaluator to keep him or her informed. Again, stick to facts.

Modification of Child Support

Nicholas Exarhakis — Mon, 11 Jan 2010 20:39:00 GMT

You may have a child support order in effect now which you obtained from a court many years ago. With the cost of living, cost of children and cost of everything going up in Annapolis, the amount you received 3 or 5 years ago may not go as far as it once did. Luckily, you may be eligible for a change (modification) of child support. Did the payors income increase or did he or she receive a large bonus or other increase in their income? Did you lose your job or lose income due to cut backs or layoffs? If so, then a modification may be allowed by the court.

In order to obtain a change in child support, you may file a request with the court asking for a change called a Complaint for Modification of Child Support. The court will take into consideration your income, the other party’s income and other factors which will determine the child support amount. Maryland uses Child Support Guidelines. These guidelines are used by the court in determining the child support amount, but the guidelines may not be used in many situations, such as parents with combined incomes over $120,000 or children with special educational or medical needs. Additionally, children who attend private schools may also see a deviation from the guidelines.

In most circumstances, the advice of an Annapolis family lawyer will give you the information you need to determine if a modification is right for your children’s needs. Contact my firm today to find out more about the possibility of obtaining a modification of child support.