Phone: 301-738-7770
Steven J. Gaba
Phone: 301-738-7770

Bethesda MD Family Law Blog

Reviewing the qualifications for adult guardianship

Like most in Rockville, you do not ever anticipate being in a position where you would be unable to make decisions for yourself. Yet you never know when injury or illness could leave you without the capabilities to do so. When this happens, people often come to us here at The Law Office of Steven J. Gaba concerned over who will be might be named their loved one's guardian. While you might dismiss the idea of needing to know this information now, having this understanding may be helpful once you seriously start planning for your future. 

First, you should understand the circumstances in which you might need to be appointed a guardian. Section 13-201(c) of the state's Estates and Trusts Code defines those as being situations where your ability to manage your property and affairs effectively is hindered by: 

  • Physical or mental disability 
  • Disease
  • Habitual drunkenness or addiction to drugs
  • Imprisonment, confinement, or detention by a foreign power
  • Compulsory hospitalization 
  • Disappearance

Things to consider before signing a prenup

The proliferation of reality shows and pop culture news have arguably made prenuptial agreements a mainstream phenomenon. For the uninitiated, a prenuptial agreement is basically a contract where couples agree to follow certain terms and conditions in the event of a divorce. Prenups are commonly used to narrow the issues when it comes to property division, so there are fewer arguments over what can be considered marital property as opposed to separate property.

So if you are considering a prenup, here are some basic things to be aware of before signing.

Make sure you think about your options in a divorce

Your divorce requires your undivided attention so that you make the best decisions. Unfortunately, the need to make these decisions comes at a time when you are likely emotionally raw and feel like you are living in a nightmare. This is especially true if you are going through the divorce unexpectedly.

We understand that the divorce might have blindsided you. Even if this is the case and you didn't have time to prepare for the divorce, we can help you figure out your options for protecting your interests, both now and in the future. Time is of the essence in these matters.

What are the different types of alimony that might be ordered?

The question of alimony doesn't come up in every divorce, but it is possible that it will come up in some. Whether you are the person who is being asked to pay or the person who will receive, you should know a few basic points about alimony.

When alimony is awarded, the court can use different types of alimony in the order. Not all of these serve the same purpose, so you must make sure you understand each type.

Evaluate the options you have for property division in divorce

The end of a marriage isn't a situation that brings out the best in people, but you can overcome the challenges that you are facing. You might have to work hard to come out on top, but it will be well worth it when you shine after the divorce.

One thing that you might need to think about when you learn that the marriage is over is how you are going to handle assets and debts. These considerations are very important because they can make or break your financial future in many ways.

Back-to-school tips for noncustodial parents

If you are like many noncustodial parents, you may have a visit with your child planned in the coming weeks now that school is back in session. Schedules are tighter during the school year so you value the time with your child. However, this limited time may lead you to feel pressured to overspend, over-plan or even unknowingly overstep boundaries.

If you are getting ready for an upcoming visit from your noncustodial child, you may find that it goes more smoothly if you take care to do the following.

What kinds of challenges do military families face in divorce?

Military families face several challenges throughout the course of their service. This is something that many don't realize when they are getting into the military life.

A divorce is one area that does come with challenges when you or your ex is in the military. In fact, the divorce might be due to various challenges. Here are some points that military families must know if they are heading toward divorce.

Make temporary custody plans quickly when you decide to divorce

When you and your ex decide to end your marriage, one of the hardest things that you might have to do is to tell the children. Depending on the circumstances, such as your children's ages, you might need only a simple explanation of what is happening or you may need a more complex answer.

One thing that might help you in these cases is if you and your ex can have a plan for how child custody will be handled right away. Some children feel better about changes when they know what to expect. With an upheaval as big as their parents splitting up, children will likely want to hold on to some sort of structure.

Try to build memories even during supervised visits

Some child custody orders are less than ideal for one of the parents. The court can't consider what is best for the parents. Instead, the court has to focus on what the child needs. This is a fine line to walk, but it is necessary to protect the children.

In some cases, the court will order supervised visitation for the children. This is a disheartening situation for the parent who is being watched, but there are some ways that you can make the most of the time you do get to spend with your children.

Plan carefully when you will leave an abusive relationship

Nobody should have to suffer at the hands of someone they love. When you are facing having to live with a person who is overly controlling or abusive, you might think that you are hopeless. You might not see a way out. With the right help and enough planning, you can get away.

Your safety has to be your primary concern. If you have children, their safety is also at the top of your priority list. You should realize that you need to protect your physical body, but you also need to take steps to keep your emotions and mind protected.

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