Finding Resolution To Your Issues
If you are contemplating marriage, you may wish to consider having a prenuptial agreement prepared. It will protect your pre-marital assets in the event you and your spouse do later separate.
Did you know that most banks and some retirement administrators do not maintain records for more than seven years. I cannot stress enough the importance of obtaining and maintaining retirement and bank statements for the period immediately prior to your marriage. Without proper documentation, you may not be able to show what portion of your assets is nonmarital and protected from division in the event of a divorce.
Maryland now allows parties with no minor children and who have a written marital settlement agreement to file for divorce without a specific period of separation. In Montgomery County, if you meet these conditions, you can obtain a divorce even if you are living in the same residence.
In the past several years, I have been retained in custody cases, where the parties had originally gone to court without representation. Unfortunately, the agreements reached by these individuals were not sufficient to address matters related to the children as time passed. While litigation can be costly, acting on your own and reaching an agreement that does not in the long run protect your children often ends with having to litigate in the future what could have been taken care of with the help of an attorney at the start.
My goal as your attorney is to attempt to resolve your issues amicably. However, there are times when children or property is involved, that it is necessary to proceed to trial. As a litigator for over 30 years, I will fight to get you the best results. There are times when, for example, in a custody case, that one of the parents suffers from mental health issues. It is imperative, that these issues be addressed properly in the courts and that your concerns be brought to the court’s attention. If you enter into a consent order to save monies or to avoid trial, you may lose the right to address the concerns in the future.
In a recent case in Prince George’s County, Willis v. Willis, the wife sought alimony and more than her marital share of my client’s marital retirement, among other assets. After unsuccessfully attempting to resolve the issues, we proceeded to trial, with the end result being no alimony awarded and the wife received none of the retirement accrued by my client during the marriage and no monetary award.
In Montgomery County, I fought successfully in the case of Rachel Smith vs. Mark Smith, for my client. She received sole legal and physical custody of their children.
In Montgomery County, I obtained sole legal and physical custody for the father in the case of Luttrell v. Luttrell.
In the case of Stafford vs. Stafford, in Montgomery County, I was successful in getting my client specific rights regarding her child, which were not addressed when the parties were self-represented at the time of their divorce.
In the event that you find yourself in a situation where you have been accused of committing an act of domestic violence, I cannot stress enough the importance of being represented. In my opinion, this is one area of the law that is gender biased. The most common complaint that I hear from individuals that attempt to represent themselves, is that their voices are not heard by the court.
To speak with an experienced family lawyer in Montgomery County, Maryland, contact me online or call 240-551-5553. I offer appointments during normal business hours, with flexible scheduling and evening and weekend appointments available. Off-site visits are also available by appointment. I offer reasonable and competitive rates.