FAQS
Why would you need a prenuptial agreement if you’re positive you won’t get divorced?
It may feel like creating a premarital agreement is planning on a failed marriage, which is understandable if we lived in a perfect world. Instead of seeing a prenuptial agreement as a negative thing, consider it a positive; you are removing unknown variables from your relationship and allowing the love you share to be the joining factor of your marriage. All a prenuptial agreement does is guarantee that your assets remain your assets, even if you and your future spouse grow apart and end up seeking a divorce. Prenups may also contain a “death clause,” a segment that specifies the division of your assets should you pass away while married.
What is the difference between a collaborative divorce and a traditional divorce?
Not all divorces are settled the same. A collaborative divorce is when two spouses choose to settle their divorce without seeking litigation, which is the traditional method of divorce. This can be done with the assistance of a mediator, which is a service offered by KGH Family Law. When spouses work together towards a collaborative divorce, it can result in both parties leaving the marriage with less animosity towards each other because both parties have the chance to be heard. A collaborative divorce can save on stress, heartache, and expenses and help the parties maintain a healthier relationship.
Do all divorces require mediation?
Mediation is a valuable method of pursuing a divorce while avoiding court procedures. It allows you and your spouse to speak with each other with the assistance of a lawyer regarding the terms and conditions of the dissolution of your marriage. Mediation is most useful when you and your spouse are able to cooperate with each other, working towards a resolution you are both happy with in the end. While mediation is a great way to navigate divorce, it may not be the best option if you and your spouse can’t come to agreeable terms with each other or if the animosity between the two of you is too high, resulting in fighting and strong disagreements.
Is spousal support a part of every divorce?
In Maryland, spouses have an obligation to support each other. This support can be financial, emotional, and physical in nature. Sometimes, a person gives up certain stabilities while supporting their spouse, such as being a stay-at-home mom to care for their children. Should the couple divorce, a spouse who gave up their job may wish to pursue spousal support or alimony. This is a payment made by one person to another to allow their former spouse time to get back on their feet and into a position to support themselves. Spousal support is not a part of every divorce procedure.
How do family lawyers help with child custody?
If you and your spouse had children with each other, it can result in a more complicated divorce process. When you work with a family lawyer, you can work with a professional who understands these procedures and helps you form a case that will result in you knowing you did everything in your power to care for your children during this process. You and your attorney will work together to form a parenting plan that works for you, your soon-to-be former spouse, and most importantly, your children. You will also work with your attorney regarding child support, either seeking it from your ex or working out a fair agreement for you.
What is a parenting plan?
A parenting plan is a written agreement between you and your soon-to-be former spouse regarding how both parties will care for and make decisions regarding your children when you and your spouse no longer live with each other. This agreement can cover a broad range of topics, from how much time the child spends with each parent, how important decisions, such as medical decisions, are made, how the exchange of the child should occur, how disputes are settled, and so on. Parenting plans are required in all Maryland divorces that involve children. A parenting plan allows you and your ex to set the rules of custody instead of having the court decide.
How is child support determined after a divorce?
Both parents have a legal duty to support their children, even if the parents are no longer married. Child support is a monetary contribution made by one parent paid to the other. This money is meant to support the child, supplying the items that they need to live a rich and full life. The court will consider both parent’s monthly income, work-related childcare expenses, medical expenses, number of children, and other information. The court’s decision on set child support doesn’t mean that the decision will be permanent. You can petition the courts to examine the child support agreement if variables have substantially changed, such as your or your ex-spouse’s income changes.
Do you actually need a lawyer when you’re going through a divorce?
The short answer is no. You certainly could go through this alone, and you might even come out the other side with a favorable outcome. But why would you change your future happiness and stability on a maybe? A family attorney does more than argue in court; they help you understand the proceedings you are going through, fill out the proper documents, and submit them to the right court. When you and your attorney work together, you can rest assured that you did everything possible to guarantee the ideal outcome for you and your children.