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Blog: Family Law Cases ... Who Wins?

Family Law Quandry

 

Bitter divorces and custody disagreements will only get you but so far.  Many people think that hiring the most aggressive lawyer will get them the most favorable judgment.  Logically, it seems that would be true, however, it’s not. Having a lawyer who lacks the ability to work with opposing counsel in a cordial way will only hurt you in the end because they will only hinder any negotiation or settlement processes.  Hiring an attorney with a less than pleasant disposition will only make matters worst, especially in front of the judge.  

Quite frankly, there are no winners when a family is being divided.  There are no winners when spouses who once loved one another cannot get along to divide their property, use their children as pons, and sling mud the whole process long.

Is there a such thing as a civil divorce? Yes, but of course that’s debatable.  When you refuse to work with one another to come to conclusions regarding “who gets what” and custody of your children, you end up letting the courts work it out for you.  Majority of the time, it’s not what anyone wanted in the first place.

When parents cannot work together for the sake of their children, courts do not even consider joint custody as an option.  So if you’re looking for a joint custody situation, try getting along with your child’s parent. 

Secondly, in the state of Maryland, we are not a community property state.  A spouse doesn’t automatically get half of everything you have simply because you were married.  We are a state of Equitable Distribution, meaning the courts will distribute the property according to what they think is equitable.  My thoughts on it, try to work it out yourself and get an attorney to draft up a consent order for you that the judge can sign off on.  If you are unable to work out the specifics with your soon to be ex-spouse, then definitely hire an attorney to level the playing field.  Even if you are able to work it out, please consult an attorney to make sure you arent being taken advantage of, and what you are about to agree to isnt something you will regret later.

In divorce cases, almost everything is up for grabs, including percentages of retirement plans, savings accounts, checking accounts, investment property, and more.  Under certain circumstances you may also be awarded use and possession of the family home during a separation and thereafter. So if you’re unsure what your options are or what you may be entitled to, please consult an attorney.

Child custody can be as easy as you make it, or as difficult as you make it.  The more you get along the easier it will be to come to an agreement on your own and the more inclined a judge would be to grant joint custody.  If you are using your children as pons and cannot communicate with one another, count on getting a custody situation where there will be one custodial parent and a visitation schedule that is not favorable to the other parent.

There are services that the court provides to families in domestic disputes including mediation, parenting classes and more.

If you’re in the middle of a custody dispute or are considering filing for divorce, please call Smith Legal Services for your free 20 minute consultation.  Please visit www.mysmithlegal.com or give us a call at 240-245-0015 to speak with someone directly.

This post is contributed by a community member. The views expressed in this blog are those of the author and do not necessarily reflect those of Patch Media Corporation. Everyone is welcome to submit a post to Patch. If you'd like to post a blog, go here to get started.

Lexus J May 18, 2012 at 02:08 AM
I know who wins in Maryland. 100% of the time the woman does!!! Winner winner.
John Bender May 19, 2012 at 01:42 AM
woe is me. i'm a female. i need help from the almighty male. give me your money since i am unable to make it on my own. please judge of md courts please grant me money that is not mine to do as i please as i am a feeble female. guys be smart like the black community - dont get married and dont own up to any kids you breed. otherwise you will pay 90% of your paycheck to some female that cant wipe her own ass
tenesmusD May 21, 2012 at 07:51 PM
That's nice... an article on the law... that is shilling legal services. Way to stay unbiased, Bowie Patch! But seriously, who would consider a legal team that asks if you "are using your children as pons"? Honestlhy, who uses their kids as a part of the brainstem that links the medulla oblongata and the thalamus? Is that even possible with modern medicine? (Some people, do however, use their children as pawns.) Sentence good you write Sharnae!
Dwil801 May 29, 2012 at 04:28 PM
Hope you aren't as ignorant as the statement you made!!!

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