Spousal support, on the other hand, can be tricky. There are a number of factors a court must look at to determine if alimony is warranted in a case. If it is, then a judge has to decide the amount and duration of support. Such things as the spouses' health, income, and prospective earning ability come into play. If there's disagreement on those topics, then it may be necessary to call witnesses to validate, or contest, a spouse's assertions.
Witness Corroboration No Longer Required Under Maryland Divorce Law
It's not unusual to have medical professionals and vocational experts testify in these situations. Whether it's child support or alimony that the court is addressing, if spousal income becomes an issue, you may want to retain a f orensic accountant to testify. These professionals are trained to handle financial disputes and trials. This is common in cases where a spouse owns a business, and the other spouse claims that the business is being used to hide money. Parents often resolve child-related issues on their own. However, a divorce with children can be the most contentious of all types of divorce trials.
And this intensity ratchets up exponentially if there's an allegation of child abuse or endangerment.
Will My Divorce Trial Be Private?
Many times, family members and friends will be brought in to testify as to the relationship between each of the parents and their children. Mental health professionals and social services representatives often take the stand, after having interviewed the parents and children, and conducted an investigation. The house, bank accounts, retirement plans, furniture, and other personal belongings are considered assets that can fall under the heading of marital property.
Witnesses aren't usually required to determine how to divide property in a divorce. Although some of these items may require a professional for appraisal purposes, that aspect of the divorce is frequently handled outside the courtroom environment. Sometimes the spouses agree on an appraiser. But even if each opts to retain their own, most ethical appraisers will typically be in the same ballpark, whether evaluating a house , jewelry, or other property. And if that's the case, there's little for the spouses to argue about regarding an asset's worth.
That said, some appraisers may bend to a client's wishes if asked to overvalue or undervalue property. Additionally, there may be some assets—such as antiques—that might be difficult to value and generate a legitimate dispute between appraisers as to a correct valuation. In cases like these, it may be necessary for these experts to appear in court, so a judge can assess their expertise, credibility, and the basis for their opinions. With certain exceptions—such as some cases involving juveniles—court proceedings are generally open to everyone.
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This is true for divorce, as well. As a practical matter, most divorce cases are not of great interest to anyone not directly involved. So it's very common to see an empty gallery during a divorce trial. But that doesn't mean someone can't wander in and observe the proceedings. You each meet with and retain a collaborative law attorney who will give you legal advice and address your individual needs and concerns. Following your agreement to collaborate, all parties and their attorneys participate in a series of 4-way meetings aimed at crafting a resolution that suits each of your needs and concerns, as well as those of your children in a collaborative divorce.
The good news is that there is always food and drink available at these meetings! It is supposed to be a friendly process. If both sides decide additional information is needed, they decide together which experts to select and include in the collaborative law process.
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Throughout the collaborative law process, you and the other party have the ultimate decision-making authority, but you each have the protection of your own attorneys who can give you legal advice and advocate for what is in your best interest. By committing to the collaborative law process, both sides agree to work out their differences in the manner that best suits them, while still receiving the expert advice of an attorney.
This is an important step toward an amicable resolution of your dispute and establishes cooperative and respectful communication between both sides, whether in a collaborative divorce or general dispute. Sharon T. Diamant is a collaboratively-trained divorce attorney and is certified by the Administrative Office of the Courts, Family Administration Division.
She participates in the low bono and pro bono Collaborative Divorce Group and regularly assists clients seeking a collaborative divorce. Diamant Gerstein, LLC handles hundreds of child support cases each year. Sometimes, circumstances change that require a modification, or a change, in child support. Child Support calculation is based on:. The Office of Child Support Enforcement can file cases to modify support, or an individual can file to change support in the Circuit Court.
Usually, the child support agency will summons both parties to appear for an initial hearing in front of an agent working for the Office of Child Support. Having an attorney is helpful for the purpose of effective negotiation. A lawyer will help you figure out all issues relevant to your unique situation, and at Diamant Gerstein, LLC, we pride ourselves on making it as affordable as possible to have competent, zealous, legal representation. Below, you will find a general list of topics to consider:.
At Diamant Gerstein, LLC, we can help you with any criminal charge you receive, to include any and all traffic tickets, violations of probation, protective orders, peace orders, drunk driving, drugged driving, infractions on college campuses, in dorms, and in federal court. During that time, she prosecuted thousands of crimes, everything from burglary and bad checks, to drunk driving, hit and run, narcotics charges, police misconduct, financial crimes, and sexual offenses against children.
Having been a prosecutor, and knowing how the system works, Sharon can help you figure out your best possible defenses and likely outcomes if you are found guilty. In addition, having been a prosecutor for so many years, Sharon knows how to analyze a criminal case from both angles and can assist a criminal defendant obtain a great result in court and keep any points, fines and jail terms to a minimum. Often times, a criminal defendant will wait until a day or two before court to hire an attorney.
This is never a good idea. In order to have a criminal defense lawyer have the time needed to review your case, speak with the prosecutor, request all evidence and discovery in your matter, and prepare for court, you should consider hiring an attorney immediately after receiving the tickets in your matter or being arrested.
If you cannot afford an attorney, a criminal defendant should go and interview with the Office of the Public Defender right away. A jail sentence generally means a sentence of eighteen 18 months or less. Such sentences are often served at a local detention center. In Montgomery County, the local detention center is located in Clarksburg, Maryland. A prison term generally refers to a term of imprisonment of more than eighteen 18 months.
Such sentences are served at prison facilities, which are located in various parts of Maryland, the most notable of which are in Jessup, Maryland and in Baltimore, Maryland. Programs such as the Pre-Release Center PRC in Rockville, Maryland, help offenders prepare for life back in the outside world by providing job training and assistance to offenders who need employment.
Uncontested Divorce in Maryland | DivorceNet
Home passes are available for inmates who have exhibited good behavior. In short, if you have a traffic offense, such a drunk driving offense, it cannot be expunged. Traffic offenses do not get expunged in Maryland. However, if you have never been convicted of a traffic offense, you may be a good candidate for probation before judgment. If you have been convicted of a criminal offense, the law in Maryland allows you, or your lawyer, to file a Motion for Reconsideration. A Motion for Reconsideration must be filed within ninety 90 days of the conviction date.
The Motion can be held sub curiae by the Court, which means it is not acted upon. Once you have completed your probation, paid restitution owed, any court costs, and completed an alcohol treatment program, drug treatment program, AA meetings, Mothers Against Drunk Driving program, or any of a number of other conditions of probation a Judge may Order, the Court can revisit your conviction and strike it from your record. Once the conviction is stricken, a defendant may move to have the conviction permanently expunged from his or her record.
A peace order is a form of legal protection for anyone who is experiencing problems with an individual, including someone in a dating relationship, a neighbor, a stranger, or anyone else. Peace orders do not covered married people. The Peace Order enables an individual Petitioner who wishes to be left alone to ask the Court to order another person Respondent to stay away and refrain from any contact with you, to include harassing and offensive contact, and third-party contact.