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At some point, you may have to make a court appearance during your divorce case. Depending on the circumstances of your case, you may have to sit in the witness chair and give testimony. Here are 5 tips for making a good impression in Maryland divorce court.

Clients are often nervous about this part of the divorce process, especially if it is the first time they have gone before a judge. If you want to make a positive impression on the judge, being prepared, dressing appropriately, and managing your emotions will go a long way towards helping you to have a successful divorce court appearance. Follow these five tips, along with the guidance and advice from your Annapolis divorce attorney, and you should feel confident and prepared to appear in court.

1. Consult with your Annapolis divorce attorney

When you must appear in court, your divorce lawyer will take the time to explain what is going to happen at the hearing, what is required of you, and what you can expect to happen. If you will be testifying, your attorney can help you prepare for the types of questions you might be asked.

One important note: if anything changes in the days before your appearance, make sure to update your attorney. This could mean bringing updated paperwork or documentation to your consultation, or simply calling the office. It is important that you and your divorce lawyer are on the same page at all times, so make sure to keep everyone abreast of any changes.

2. Prepare your talking points

Know what you are going to say and practice answering questions from your lawyer before you go to court. Be sure to review any paperwork you have, especially if there is a police report, so that your answers remain factually accurate.

3. Dress appropriately

An important part of making a good impression is being appropriately dressed, and a judge will take notice of how you present yourself. You want to come across as confident and dignified. A suit and tie for men, and business attire for women, will show that you understand the seriousness of what is happening.

4. Be respectful, but say as little as possible

Speak in a civil, respectful way to the judge and everyone else in the courtroom. Divorce is emotional, and we understand how easy it is to become overwhelmed. However, if you lose your temper, or begin behaving inappropriately, it will not help your case.

When asked a question, always respond with the truth. Listen carefully and answer the question that is being asked. Clients often have the urge to explain themselves further, but the best thing you can do is speak clearly and concisely. If you do not understand a question, or if you need time to compose yourself, ask for the question to be repeated.

5. Be aware of your reactions and body language

Even while you are sitting in court listening and observing, your body language and your reactions are being observed. Avoid looking cross, rolling your eyes or shaking your head in disgust or disagreement. You want the judge to see you remaining calm and poised, being respectful and speaking with confidence, despite how nervous or angry you might be feeling. When the hearing is over, you can go and vent your frustrations with your friends. For the moment, being prepared, having a plan for how you will respond to questions, and projecting a strong, confident demeanor will ensure that you make an excellent impression in a Maryland divorce hearing.

Feeling nervous or a bit overwhelmed about appearing in court is natural. Working with the right attorney can help assuage those fears, and prepare you for what is to come. The experienced Annapolis divorce lawyers at Cynthia H. Clark & Associates, LLC are here to be your advocate and work toward the best possible outcome for you. To schedule an initial consultation at our office in Annapolis, please call 410.921.2422 or fill out our contact form.

Mental illness can affect all aspects of a divorce. For some couples, a spouse’s condition can be the grounds for the divorce; for others, mental illness could lead one spouse to fear for his or her safety, or the safety of the children. The topic itself is difficult to discuss, but it is necessary to do so. According to Resources to Recover, approximately 3.3% of all adults in Maryland are diagnosed with some kind of severe mental illness or disorder, yet only about 56.8% receive some form of treatment.

For people whose spouses suffer from conditions like schizophrenia, bi-polar disorder, paranoia, or anxiety, the fear that filing for divorce could trigger their spouses is very real. For people who have these conditions, the fear that their spouses will try to use their health against them in order to gain custody of the children or the family home is also very real.

This is why, if you choose to file for divorce, you need experienced representation. You will also need a strong support system – not only from your friends and loved ones but also from your divorce attorney. Our clients reap the benefits of our services not only in regard to the process but also in the resources and tools we can provide. Whether you are living with a mental illness or living with someone who has a mental illness, Cynthia H. Clark & Associates, LLC can help.

What happens if it is the child who suffers?

This is one of the more difficult, and delicate, situations that parents face. If you and your spouse are planning to divorce, and you have a child who suffers from mental illness, it can affect how you inform your child, how you choose to handle custody, and how you decide to seek medical care. Children are often ill-equipped to deal with the effects of their own illnesses, and we know that this can add an extra burden.

Remember that in the end, the judge will do what is best for your child. If you and your spouse cannot make those determinations on your own, the judge will do it for you. In some cases, it may be necessary to arrange for the appointment of a guardian, or the Best Interest Attorney, to protect your child’s rights and future.

Should you seek an annulment?

If you wish to separate from a spouse with mental illness, divorce is not your only option. An annulment means that a marriage was never valid. Where divorce ends a marriage, an annulment makes it as though the marriage never happened in the first place.

Annulments are sometimes sought on religious grounds, but they are not the only grounds. Marriages in Maryland can be considered void if the other party was legally insane or mentally incompetent at the time of the marriage.

Seeking divorce when your spouse has a mental illness

In Maryland, you can seek a divorce on the grounds of insanity. A party claiming a spouse is “insane” must show, according to the Maryland Code, all three of the following:

• Confinement “in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce.”
• A court can “determine from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery.”
• That one of the parties has been a resident of Maryland for at least two years before the filing of the application for divorce.

How mental health affects issues of custody

Family courts in Maryland consider many different factors when deciding which parent should have legal or physical custody. The legal standard is “the best interests of the child.” Some of the mental health factors courts consider include:

• The mental, emotional, and physical health of the parents.
• The ability of each parent to provide a home and financial stability of the child.
• Any history of abuse, prior arrest, or violence.

Generally, courts will tolerate moderate use of alcohol. If the user shows signs of addiction, then a parent may lose his or her custodial rights, especially if such addiction is impairing the parent’s ability to care for the child. Mental health issues could also affect the rights of a parent who wishes to relocate to another state if the parent has been court-ordered to receive treatment.

Will mental illness affect spousal support?

Alimony is designed to help one spouse maintain a certain quality of life. If you or your spouse is unable to work because of mental illness, a judge may award spousal support to help you (or your spouse). In some cases, it may be transitional – but this is one of those rare times when a judge may award indefinite alimony to one party.

At Cynthia H. Clark & Associates, LLC, we understand that mental illness can affect every part of the divorce process. Our Annapolis divorce attorneys have the experience, resources, and compassion to help you through this difficult time. To reserve a consultation, please call 410.921.2422 or fill out our contact form.

It is no secret that stress on the job can bring stress into your marriage. Job-related stressors can include issues around pay (not enough, or a financial imbalance between spouses), working too many hours, or bringing one’s dissatisfaction at work back home to the family. The work-life balance is a real challenge, and if things go off-balance, a marriage can suffer.

Every couple divorces for different reasons – irreconcilable differences, infidelity, or other issues. Age, economic status, or education level can sometimes forecast whether or not a marriage will ultimately succeed. However, a recent study using U.S. population data hints that perhaps our choice of careers could be another predictor of whether or not our marriages will last.

The study, by statistician Nathan Yau, calculated which professions have the highest and lowest divorce rates. Actuaries tend to have the lowest rate of divorce, with a 17% divorce rate. The occupations with the highest rate of divorce? Bartenders and gaming managers, at nearly 53%. On the surface, perhaps this makes sense: actuarial jobs are low-stress and quiet, while bar and casino jobs are hectic and alcohol-related.

It may not be that simple, however. After looking more closely at the study’s numbers, the career-divorce connection likely has more to do with economics. The Institute for Family Studies (IFS) took a deep dive into the study and came up with their own findings. After looking at the 10 jobs that are most and least likely to lead to divorce, they found the following:

• Of the professions most likely to divorce (casino workers, bartenders, etc.), none required more than a high school diploma;
• Additionally, all had a median income of less than $35,000;
• Of the professions least likely to divorce (actuaries, scientists, doctors), all required a bachelor’s degree or higher; and,
• All had incomes of at least $75,000.

Of course, you can’t just switch jobs and save your marriage. There are always deeper issues at play. Explains Yau, “If someone who is already a physician, quits and takes a job as a bartender or telemarketer, it doesn’t mean their chances of divorce changes. It probably says more about the person than anything else. Similarly, those with certain occupations tend to be from similar demographics, which then factors into how the individuals live their lives.”

Income instability may be the critical factor

It’s also worth noting that the job market for professions more likely to divorce is declining, while the job market for least-likely-to-divorce careers is thriving. It is possible that income instability might have more to do with marital breakups than low income.

The authors of the IFS article, Naomi Cahn and June Carbone, wrote, “Commitment to a partner with an unstable income—someone who runs up the credit card bills, incurs large health care expenses, or needs to be bailed out of jail—can diminish family savings. The commitment marriage entails requires a willingness—legally, financially, and emotionally—to share the couple’s joint resources. For couples with unstable finances, this commitment may be a source of peril.”

The Annapolis divorce attorneys of Cynthia H. Clark & Associates, LLC handle complex, high-asset divorce matters for clients throughout Maryland. We protect your best interests, while supporting you through this difficult process. For a consultation at our office, please call 410.921.2422 or fill out our contact form.

In January, Amazon founder and CEO Jeff Bezos and his wife Mackenzie announced they were planning to divorce. This set off dozens and dozens of articles and think pieces speculating about how the couple’s billion-dollar fortune might be divided.

Jeff and Mackenzie Bezos have been married for 25 years; in fact, Mackenzie was one of Amazon’s first employees. Their divorce could be one of the costliest in history, with Jeff Bezos’ current worth estimated at $137 billion. With no reports that the couple had a prenuptial agreement in place, any wealth accumulated during their marriage could be split evenly. Washington, where the couple resides, is a community property state, meaning property and assets acquired during the marriage is generally divided equally between the couple.

High-asset divorce can be a long and complex process. It requires planning and wise decision-making. Ultimately, the goal for your divorce should be that the division of assets is equitable, as per the law. Sometimes, however, this can be difficult, especially with so many assets at play.

Understanding what’s at stake in your divorce can help you prioritize and safeguard what’s most important to you. Maryland is an equitable distribution state, which means that marital assets are distributed equitably and fairly, but not necessarily 50/50 down the middle. Keep the following items in mind when discussing your divorce with your family attorney:

• Marital assets – retirement and pensions, 401Ks, savings and checking accounts, cars, boats, furniture, jewelry, art
• Real estate – primary residence, vacation home, income properties, timeshares, maintenance costs
• Investments – stocks and bonds, family business, company shares, offshore investments, business valuations
• Payments and debts – credit cards, personal loans, business losses

In the case of a couple like Jeff and Mackenzie Bezos, marital assets might also include intellectual property, patents, and royalties. However, it’s important to remember that division of property in high-asset divorce can be challenging.

For example, Jeff Bezos owns the Washington Post, 16% of Amazon, and a space exploration company called Blue Origin. These are all considered community property, so Mackenzie will have a financial interest in all three of these. There is more complexity in dividing privately held companies, like the Washington Post, than publicly traded companies.

You can see how high-asset divorce isn’t as simple as just deciding who gets the house and who gets the furniture. Protecting your assets and wealth for the sake of your family and future is our goal. The attorneys at Cynthia H. Clark & Associates, LLC are experienced with complex divorce. For a consultation at our Annapolis office, please call 410.921.2422 or fill out our contact form.