Bethesda MD Family Law Blog

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. 

In any divorce proceeding in Rockville that involves children will automatically place the needs and interest of the kids above all else. While determining what those needs and interests may be might require that court officials speak with the children themselves, oftentimes they will be based primarily on the opinions of others. You, your ex-spouse, family counselors and other professionals may offer input, but ultimately what is in your kids' best interest is decided by the judge in your case. The reasoning behind is due to the court not wanting to ask your children to make the difficult choice of choosing you over your ex-spouse (or vice versa). 

The fact that your kids (especially young children) may be at a stage in their lives where they lack the understanding and maturity to make such a decision. Yet what happens when they do? A better question may be at what age does the state recognize a child as being ready to offer a valued opinion? 

If you are getting ready for divorce as someone with a high net worth, there may be a variety of special considerations related to your circumstances that you will want to explore. For example, you may need to pay particular attention to some of the financial aspects of the divorce process, such as the division of your assets. Not only that, but you may have to work through other hurdles, especially during the holiday season. Some people want to move forward with their divorce regardless of the time of year, which is fine. However, it is always smart to prepare.

The holiday season can create a number of challenges for those who are in the middle of a high-asset divorce. For example, if you have kids and attend a family party, you may have to explain the situation to your children and to some of your family members. People often feel stressed out during the holidays for various reasons and you may be a business owner who is especially busy over the holidays. From issues with staff members to daily chaos due to heavy traffic, this can be a very demanding time of year in certain industries.