Bethesda MD Family Law Blog

Divorce is meant to bring about the end of any strife that exists between a couple. Unfortunately, that is not always the case. When putting more distance between yourself and your ex-spouse is not helping to ease the tension between you, you might then view relocating to a different area (or another state altogether) as the logical next step. Yet is that even an option when the two of you have children together? 

It is, but only if you follow the right course of action. According to Section 9-106 of the Family Code of Maryland, that starts by notifying the court of your intention to move at least 90 days prior to relocating with your kids. The court will then review you case to determine whether or not you should be required to make your ex-spouse aware of your intentions. While the court recognizes the advantage of your kids having the influence of both of their parents in their lives, it is also understood that certain situations (such as were abuse may have occurred) may make keeping him or her out of the loop the best option. If, however, you are mandated to inform him or her of your plans, he or she then has 20 days to contest them. If he or she does, and expedited hearing will be schedule to review the matter (and revise your custody agreement, if necessary). 

No one in Rockville wants to contemplate being in a position where adequately caring for oneself becomes an impossibility. Yet countless clients come to members of our team here at Steven J. Gaba concerned that their loved ones lack the capacity to do just that. If you share the same fear, then you are likely in a tough spot. Your concerns over your family member or friend's safety may be in conflict with the thought of having a guardian assigned to him or her. That fear likely comes from the assumption that such a guardian is likely to be a stranger. 

That does not have to be the case. In fact, the state has created a defined list of priorities when it comes to selecting a guardian for an adult ward. According to the General Assembly of Maryland, these are: 

• Any person, committee or organization nominated by your loved one him or herself (provided that he or she had the capacity to understand such a decision at the time it was made)
• Any health care agent chosen by your loved one
• His or her spouse
• His or her parents
• Any person designated to be your loved one's guardian in his or her will
• His or her children

When couples in Maryland decide that it's time to split, they will soon have to decide how they want to split the things they've accumulated, too. Steven J. Gaba is here to help if you find yourself struggling with property division.

Unfortunately, there is no "easy" way to handle property division. Unless you and your ex-partner agree on every single asset you jointly owned, there are bound to be some conflict and difficulties along the way.

As you prepare for your marriage in Rockville, the last thing you want to consider is what might happen were you to divorce. Many of those that come seeking the help of the team here at Steven J. Gaba were convinced their marriages would last forever, yet later found themselves in positions where they felt divorce was best for all involved. If you were ever to arrive at such a situation, consider the assets you have spent a lifetime developing (particularly your personal business). Ask yourself if you would want to continue having your spouse as your business partner even after your personal relationship has failed. 

In most cases, the answer to that question would be no. Yet according to Section 8-201 of Maryland's Family Law statutes, any assets acquired by you and/or your spouse during your marriage are deemed to be marital property. Even if you established your company prior to your marriage, those business assets earned during your union are considered to be shared.