Divorce and Family Law Services
The following is a partial listing of divorce and family law services. If you have question about a topic that is not addressed here, contact us at The Weisbaum Law Firm, LLC.
Separation Agreements
A Separation Agreement is a comprehensive agreement between a couple in which they resolve the issues that accompany a divorce and termination of the marital relationship. These agreements may address the division of marital property, child custody, child support, visitation or access, and spousal support, to name just a few. Most importantly, a separation agreement ensures that the parties themselves make these important decisions, not a judge. Mediation and Collaborative law are excellent methods for arriving at comprehensive agreements that meet the needs of the parties and their children. At The Weisbaum Law Firm, LLC, we will work with you to identify your goals and a process to help you meet those goals.
Prenuptial Agreements
Prenuptial agreements provide a means for parties to agree to the resolution of issues that may arise in the event that the couple decides, at some time in the future, to seek a divorce. These types of agreements may be used to protect the premarital assets of the parties, or may simply be used to provide a template for the resolution of issues at a later date, thereby avoiding a costly fight when emotions are running high. Collaborative law is an ideal process for the preparation of a prenuptial agreement. In a collaborative case each person has the benefit of an attorney to advise and guide them through these sensitive and difficult conversations in a way that allows each party to identify interests and come up with creative, win-win solutions without creating unwanted stress and conflict in the relationship.
Property Division
If a marriage is dissolved, the assets accumulated during the marriage need to be valued and divided. The division of property can be a complex and frustrating process. At the Weisbaum Law Firm, LLC, we will help you understand the law with respect to the division of property and help you receive what you are entitled to, whether through negotiation, mediation or collaboration, or through litigation in court.
Children
Families with children must address a variety of issues when going through separation and divorce. Parents must make decisions regarding how the children’s financial needs will be met, where the children will live and how they will spend time with both parents in the face of significant changes in the family structure.
Under Maryland law both parents are obligated to support their children financially. When parents have different incomes, one parent will be required to pay some amount of financial support to the other parent, known as “child support,” to ensure that the other parent can meet the children’s financial needs when caring for them. Child support in Maryland is determined primarily by the incomes of the parents, but is also affected by a variety of other factors, including certain expenses incurred on behalf of the children, the number of children, and the number of overnights that the children spend with each parent. The State legislature has provided guidelines for the courts to follow in the determination of child support. At the Weisbaum Law Firm, LLC we will help you identify and obtain the amount of support that your children are entitled to under the law.
When deciding where the children should live (physical custody and access) and defining the roles that each parent will play in making important decisions in the children’s lives (legal decision-making), you should have a family lawyer with knowledge of the legal considerations relied on by the Courts, but more importantly you should have an attorney who is sensitive to the concerns and issues that confront both parents and children as they deal with the process of divorce and the reality of new family structures and dynamics.
Maryland law allows for a variety of physical child custody and visitation arrangements. While it is natural for divorcing parents to grieve the unavoidable loss of time with their children in the wake of a separation, too often parents concern themselves with who will have more time with the children. An effective and comprehensive custody and access schedule will balance the goals of maximizing time with each parent while minimizing the disruption to the children’s daily routines. Taking the needs of the children into account is paramount - what is best for teenagers may not suitable for toddlers. I work with clients to develop workable physical child custody and visitation proposals during a separation or divorce. Access schedules will ideally be spelled out as part of a comprehensive Parenting Plan that is tailored to address the specific provisions of each parent’s access with the children. At the Weisbaum Law Firm, LLC, we will work with you to establish custody and access that works for you and your family and that is in the best interests of your children.
Spousal Support
Spousal support, also known as alimony, is a sum of money that is paid from a financially independent spouse to a financially dependent spouse, to assist the dependent spouse in becoming self-supporting and in some cases to avoid an unconscionable difference in the parties’ post-divorce standards of living. In Maryland a determination of alimony rests on many factors. Contact the Weisbaum Law Firm, LLC to discuss whether alimony may be awarded in your case.
Divorce
The State of Maryland recognizes two types of divorce, Limited divorce and Absolute divorce. An Absolute divorce terminates the marital relationship, allowing the parties to remarry and allowing the court to divide not just the parties’ personal property but also their real property (homes, land) and retirement benefits. A Limited divorce is a judicially ordered separation (a legal separation), pursuant to which the court can divide the personal property of the parties, but without the authority to divide real property or pensions. In a Limited or Absolute Divorce, the court may make custody, child support and alimony determinations.