Bethesda MD Family Law Blog

There are a variety of factors to consider when it comes to splitting up with your spouse, such as the financial impact and how this move may affect your kids (and even your grandchildren). The emotional toll of divorce can be tough, and the financial impact of a divorce should not be overlooked, either—especially for those who have a high net worth. Moreover, more and more people are ending their marriages at an older age, which can bring up additional concerns. However, by taking the correct approach to your divorce, a brighter future may be around the corner.

Sometimes, people feel so overwhelmed by the various stressors they may have to deal with during the divorce process and simply decide to stay in the marriage. For example, they worry about the financial toll of divorce and how their assets may be divided by the court. Moreover, they may worry that various age-related issues they are dealing with, such as health concerns, will make it especially hard for them to deal with divorce at this time.

Ask people in Rockville to define "adult guardianship," and you are likely to get a general consensus that the topic applies only to those cases where a disabled adult needs constant supervision over every facet of their life. In reality, however, there are different forms of guardianship. The state of Maryland does not take the decision to hand someone's decision-making powers over to another lightly. Instead, if such action is warranted, it prefers to make its extent as limited as possible. Because of this, the most common form of adult guardianship assigned by state courts is "guardian of the property." 

If you have a loved who, because of disability, mental health struggles, incapacitation or alcohol and/or substance abuse issues, cannot adequately manage his or her life, that does not necessarily mean they need a guardian to direct everything that they do. Rather, they may simply need assistance in protecting whatever resources they have available to them. In such a case, the court may appoint one to as guardian of the property. According to the Maryland Attorney General's office, this enables the guardian to perform finance-related functions such as: 

• Buying and selling property
• Retaining assets
• Borrowing money
• Paying bills
• Negotiating with creditors

You may know an adult in Maryland, perhaps a member of your family, who is not competent to make decisions for himself or herself due to disability or incapacitation. The condition may have been present since childhood, or it may have occurred as an adult. It may be age-related or the result of head trauma or substance abuse. Whatever the circumstance, the court has to put legal matters pertaining to this individual into the hands of a guardian who makes decisions on his or her behalf in regard to health, education and finances. The legal term for an individual with a guardian managing his or her affairs is a "ward." 

What goes into choosing a guardian for an adult ward? According to FindLaw, the court takes several different factors into consideration. Where available, one of the most important considerations is the ward's wishes as expressed in a power of attorney or another legal document before the incapacitation took place. If no such document exists, the court prefers to choose a guardian from among the ward's family members or close associates, with parents and spouses highly favored. The court considers the candidate's ability to fulfill the responsibilities and duties involved in becoming a guardian, along with the following attributes:

• Physical capacity
• History
• Character
• Age (18 or older)

A great deal of time can lapse from the moment you and your spouse choose to separate to the date you are actually granted a divorce. Unresolved disputes, multiple complex issues to work through and even the availability of the court may cause your proceedings to be drawn out for months or even years. During that time, both you and your soon-to-be ex-spouse will no doubt begin to take steps towards moving on with your lives in Rockville. What happens, then, to the value of your marital assets during that time? 

Say that your spouse started their own business while you were married. In the time during which you were working through your separation and divorce proceedings, the value of the business increases significantly. Your spouse may argue that it was only after you had separated that the business began to take off, and as such, your interest in it should be determined off of what the company was worth at the time or your separation rather than its current value.