Family Law Matters

Divorce

A substantial portion of the practice of The Law Offices of Alice Pare'-Johnson, PC’s is devoted to Family Law Matters, primarily divorce and the related issues that often arise when a marriage ends. Our primary goal is to ensure that our client’s rights are protected and enforced. We assess our client’s needs and goals. We help our clients understand what their rights are and assist them in making the best choices. We attempt to resolve most disputes with minimal court intervention but are well equipped to fight for our client’s rights in court if litigation is necessary.

Divorce cases may be uncontested or contested. An uncontested divorce occurs when the husband and wife agree on the resolution of all issues arising out of the termination of the marriage, and the parties are ready to proceed to divorce. There are two categories of issues that typically arise out of a divorce: property and custody issues. If the Parties are able to determine how the acquired during the marriage will be divided and how they will manage custodial issues involving their children, then it is likely that the parties can proceed to an uncontested divorce.

In order to be eligible for a divorce in Maryland, one of the parties must have resided in Maryland for at least one year prior to filing for divorce or the grounds for divorce must have occurred in Maryland. The party requesting the divorce must prove grounds for divorce. The grounds for a Limited Divorce include: (1) Voluntary separation if the parties are living separately and there is no reasonable expectation of reconciliation; (2) Cruelty of treatment of a spouse or spouse’s minor child; (3) Excessively vicious conduct to a spouse or spouse’s minor child; and (4) Desertion. The grounds for an Absolute Divorce include: 1) Voluntary separation (requires twelve month separation); (2) Adultery; (3) Desertion (requires twelve month separation); (4) Cruelty of treatment of a spouse or spouse’s minor child; (5) Excessively vicious conduct to a spouse or spouse’s minor child; (6) Conviction of a felony or misdemeanor; (7) Insanity; and (8) two-year separation.

The costs of an uncontested divorce will vary, depending upon several factors. Some of these factors are deeding of property, division of a business, division of pension plans, child support issues, or lack of cooperation from the opposing party.

A divorce requires the preparation, filing and service of a complaint. Once the complaint is served, the opposing party is required to file an answer. After the answer is filed, the parties may cooperate and proceed to a divorce hearing in an uncontested matter. If the parties do not cooperate, then additional hearings may be necessary.

Contested cases arise when the husband and wife are unable to resolve their problems and require judicial intervention to decide certain issues. Contested divorce cases are billed by the hour. The Law Offices of Alice Pare'-Johnson, PC is experienced in handling issues that arise during divorce including child custody, visitation, child support, alimony, use and possession of the family home, property division, pension division, as well as bankruptcy and other issues that may exist.

Separation Agreement

A Separation Agreement is a legally enforceable contract that resolves the property issues arising out of marriage dissolution. Both parties must agree to the division of property before an agreement can be finalized. Further, when the parties have children, it is appropriate that agreements regarding custody and child support be included in the terms of the Separation Agreement. Any agreement regarding alimony must also be included in the terms of the Separation Agreement.

One of the most important aspects of the Separation Agreement is that the terms of the agreement are final. A well-drafted agreement acts as insurance and will protect each party from future liabilities related to the marriage or other party. The agreement ensures finality and can be used as evidence in obtaining an uncontested divorce. For example, if a party waives alimony, and then becomes unemployed or disabled, that party cannot retract the contract and collect alimony. A Separation Agreement will also prevent separated spouses from inheriting from the other, in the event of death.

If parties are able to reach agreements resolving the issues arising out of the marriage, then it is likely that they will proceed to an uncontested divorce. This approach is the least expensive; financially and emotionally. Accordingly, we encourage and work with our clients to enable them to reach agreements early on in the separation and divorce process.

Custody

Child custody is perhaps the most draining of all types of litigation because it affects a parent’s legal rights to his/her children. Clearly, during separation and divorce it becomes necessary that the parents share their children in some manner. Giving up time with a child may be one of the most difficult compromises made during the separation process. In instances where the parties are not able to agree on an appropriate division, then litigation may be necessary.

When parties enter into custody litigation, the parties essentially ask the court to determine what custody arrangement is in the best interest of the children. Each party seeks to demonstrate to the court what they believe is actually in the best interest of the children. These attempts often include mental health professionals, psychological testing and attorneys for the children. The Court will issue a custody ruling based upon the evidence presented by each party. You get one chance at a trial therefore it must be done right the first time. No shortcuts are available in this type of litigation.

As with any dispute, it is far better for the parties to reach an agreement rather than litigate. However, in instances where litigation is necessary, it is critical to consult with an attorney as early on in the process as possible. Success in custody litigation requires that you first consider what is in the best interest of your children, and that you remain thoughtful and objective throughout the litigation. During this process, our firm provides our clients with insight into the court and decision-making process. We believe that if a client understands the process, then that client is able to make better choices. We aggressively pursue our clients’ objectives, and we discuss the different strategies and tactics available to our clients throughout the litigation process. We constantly explore the different approaches that may become available throughout the process. We strive to keep our clients informed and focused on the final objective.

Child Support

In Maryland the presumed appropriate amount of child support is calculated according to State legislated guidelines. In instances when the parties earn a combined adjusted income of $120,000 per year or less, the amount of child support is calculated from a guideline and is shared in proportion to each party’s income. In the event the parties combined adjusted gross income is more than $120,000 per year, then the Court may exercise discretion in determining the appropriate amount of child support. In determining child support, the court will consider each parent’s income, the number of children the parties have together, child support paid on behalf of other children, alimony paid and/or received, health insurance premiums paid for the children, work-related child care expenses, extraordinary medical expenses, transportation expenses, school expenses, and the number of overnights that each parent has the child.

In Maryland, child support terminates when the child reaches the age of 18; however, if a child turns age 18 while still enrolled in high school, the child support obligation can be extended until the child graduates, or turns 19, whichever occurs first.

Child support is modifiable by the court. A modification of child support may be retroactive to the date that the modification request is filed with the court.


Links: Maryland Child Support Calculator: http://www.dhr.state.md.us/csea/worksheet.htm

Domestic Violence

Montgomery County offers significant services to those parties whose lives are affected by domestic violence. There are support groups, shelters, and educational classes that are routinely used once a domestic violence action commences.

Typically, a domestic violence action begins when a party calls for police help during a violent encounter. If the police believe that violence has occurred, then the police will separate the parties and ask the abuser to leave the home. They will also advise the victim to file a domestic violence claim against the other party.

The victim should go to either District or Circuit Court and fill out a Domestic Violence Petition. Help is available in completing these petitions and in preparing the victim for going before the Judge. Most frequently the Judge will issue a Temporary Ex Parte Order that will order the suspected abuser out of the home and away from the victim for 7 days. These hearings take place without the participation of the alleged abuser. The alleged abuser is then served with a copy of the Ex Parte Order. The Ex Parte Order sets in a date upon which both parties must come back for a full domestic violence hearing. At the conclusion of the hearing the Judge will decide whether violence occurred and the relief necessary under the circumstances. The relief is provided through a protective order.


A protective order will require that an alleged abuser refrain from abusing and/or threatening to abuse the eligible person and may prohibit contact with the eligible person or others. The abuser may be ordered to stay away from the home, place of employment or school of an eligible person or others. Temporary use and possession of the family home and jointly owned vehicle, temporary custody of minor children and temporary financial support to the eligible person may also be awarded. An abuser may be ordered to participate in professionally supervised counseling, anger management or a domestic violence program. The abuser may be ordered to surrender firearms to law enforcement authorities.


Links: National Domestic Violence Hotline 800-799-SAFE, TTY 800-787-3224

The Women’s Law Center of Maryland http://www.wlcmd.org/domesticviolence.html
Abused Persons Program-- For Montgomery County Resident's the Abused Person's Program offers victims of abuse services such as emergency shelter, transitional housing, 24 hour telephone and walk in crisis counseling, case management, information and referral and other support services. Fees are based on a sliding scale and no one is denied due to a lack of funds. Contact information: 24 Hour Crisis Services - 301-315-4673; Service/Intake - 240-777-4195;
Administrative Office - 240-777-4210
City Victim Advocate Coordinator's--Several cities also have Victim Advocates that assist city residents in locating services and to offer support and other services to victims of abuse. Contact information: Gaithersburg City - 301-258-6400 Ext. 153; Rockville City - 301-315-6550; Takoma Park City - 301-270-1100
Vine Service-- Gives victims access to inmate custody, court and release information and notification. Free 24 hour automated service. Contact information: 1-866-634-8463 or 1-866-MD4VINE

State Domestic Violence and Referral Services: 1-800-MDHELPS; 1-800-(634-3577)

Personal Injury

The most important action an injured person can take after sustaining an injury is to obtain the right medical care as quickly as possible. It is important that the injured person follow the advice of the medical professionals involved in the treatment of the injuries. If the injuries are the result of a car accident, it is necessary to report the circumstances of the accident to your insurance adjuster.

In the event that your injury is serious, then it may be necessary to seek the advice and assistance of an attorney. Under these circumstances you should not make any statements to any insurance adjuster about your injuries without first speaking to an attorney. This is especially true if the adjuster works for the “other side”.

Our firm is located in Germantown and we have been serving the Germantown Community for more than 15 years. In the event that you have a serious injury, you will probably need to visit your attorney much more frequently than you will visit Court. It makes sense to retain an attorney that is located close to your home and your doctors.

Please feel free to contact us anytime if you need assistance with a personal injury. If we are not available, an answering service will take a message from you and contact an attorney in our firm immediately. In the event you sustained a serious injury, we do our best to try and return your call within an hour.