Category: Divorce

Social media has become a ubiquitous part of our daily lives. We use it to connect with friends and family, share our thoughts and experiences, and even conduct business. However, social media can also have a significant impact on divorce cases. In this article, we will explore the ways in which social media can affect the outcome of a divorce case and provide advice for couples who are currently in a divorce or thinking about one and are active on social media.

Social media can affect divorce cases in several ways. First and foremost, social media posts and messages can be used as evidence in court. For example, a post or message that shows a party engaging in illicit behavior, such as infidelity or drug use, can be used to discredit that party’s character and potentially impact the outcome of the case.

Secondly, social media can also impact child custody and visitation arrangements. Posts that show a party engaging in inappropriate or dangerous behavior, such as excessive drinking or drug use, can be used to argue that the party is not fit to have custody or unsupervised custodial time with the children.

Finally, social media can also impact property division and spousal support arrangements. Posts that show a party engaging in lavish spending or living beyond their means can be used to argue that they do not need as much financial support or assets as they are requesting. Alternatively, it can be used to show that a party being asked to pay financial support to a spouse has the financial wherewithal to do so.

If you are currently in a divorce or thinking about one and are active on social media, there are several things you can do to protect yourself:

1. Be mindful of what you post: Think twice before posting anything on social media that could be used against you in court. Avoid posting anything that could be seen as inappropriate or damaging to your case.
2. Keep your accounts private: Consider making your social media accounts private, so only your closest friends and family can see your posts.
3. Think before you message: Be cautious when sending private messages on social media. Remember that anything you say can be used as evidence in court.
4. Don’t delete anything: If you have already posted something that could be damaging to your case, do not delete it. Deleting posts or messages can be seen as an attempt to hide evidence and can make you look suspicious.
5. Consult with a lawyer: If you are unsure about how social media could impact your divorce case, it’s important to consult with a lawyer. We can provide you with specific advice and guidance based on the details of your case.

Social media has become an important part of our lives, but it’s important to remember that anything we post online can potentially be used against us in a divorce case. If you are currently in a divorce or thinking about one and are active on social media, it’s important to be mindful of what you post and how it could impact your case. By following the advice outlined in this article and consulting with a lawyer, you can help protect yourself and ensure the best possible outcome for your case.

 When a marriage comes to an end, no matter how long it lasted, it can be a very difficult time for all involved. Often times the healing that occurs after a divorce can feel just as stressful as the divorce itself. One may wish for what used to be, one may choose to harbor resentment towards their ex-spouse or one may replay the failed relationship over and over again their minds to attempt to figure out why the marriage ended.

  Healing after a divorce is certainly a process that is different for each person. Jennifer Twardoski, a relationship coach and blogger for The Huffington Post, offers some things to keep in mind when healing after a divorce:

• Healing takes time and patience. The length of time it takes one to heal can be days, months or years. For others, they may never truly fully heal. Be compassionate with yourself and give yourself the full amount of time you need to heal – do not base your period of healing off of what others have experienced.

• Analyzing and replaying what happened over and over again is not going to change anything or make you feel better. This is not healthy as you are remaining attached to your suffering, which keeps you out of the present. You can get worn down physically as you put yourself through the grieving process over and over again.

• Forgiveness is key.  Forgive not only your ex-spouse, but yourself. Even if you feel you are not able to do so, simply saying out loud “I forgive you”, despite whether or not you mean it, will aid in your healing process.

• No relationship fully ends – it just changes form. Even though you are no longer married to your ex-spouse, the relationship doesn’t end. It has, at one time, existed and therefore continues to impact your life. If you have children with ex-spouse, you will continue to forever have a relationship with them. It will just be in a different form. When you come to accept the new state of the relationship, the healing can begin.

 Cynthia H. Clark & Associates, LLC is an Annapolis-based family law firm serving clients throughout the state of Maryland. If you and your spouse are considering a divorce, please contact our firm to reserve a consultation time at our office.

Often times, a client will be sitting in their attorney’s office discussing settlement terms of their divorce matter will bring up pet custody. They will say “she can have the timeshare … I don’t care about the Porsche … but under no circumstances can she have Fido!” Fido, or course, is not one of the parties’ children. He is the parties’ eight year old Beagle.

This scenario is becoming more common as pets are not treated as items of property, but rather as members of one’s family and their companions. Elderly persons have a therapeutic, if not spiritual, attachment to their pets. Single persons rely on their pets for security. Grieving persons rely on their pets as a source of comfort. Young children experience pure joy and contentment at the companionship and friendship their pets provide. The Courts are beginning to change their outlook regarding pet custody disputes to adopt this point of view as well. More often than not, people are willing to expend copious amounts of legal fees to ensure that they receive ownership of their companion pets.

This scenario is becoming more common as pets are not treated as items of property, but rather as members of one’s family and their companions. Elderly persons have a therapeutic, if not spiritual, attachment to their pets. Single persons rely on their pets for security. Grieving persons rely on their pets as a source of comfort. Young children experience pure joy and contentment at the companionship and friendship their pets provide. The Courts are beginning to change their outlook regarding pet custody disputes to adopt this point of view as well. More often than not, people are willing to expend copious amounts of legal fees to ensure that they receive ownership of their companion pets.

Animals are technically considered to be property, and in divorce matters, as with any other items of property, the presiding Judge or Magistrate will typically equitably divide up all items of property between the parties. Animals would be included in this mix, similar to items of furniture or kitchen appliances. However, an increasing trend that is now emerging is that the Court is beginning to reject the strict property analysis when determining custody of parties’ pets, and is now using the best interest standard applied to determining child custody disputes. Many Courts are finding that animals have feelings and are individuals, and their welfare and best interest need to be taken into consideration when an award of custody is made.

Among those factors to be considered are which party paid attention to the pet’s basic daily needs; who takes the pet to the veterinarian; who provides for the pet’s social interactions (in the case of dogs) with other dogs and/or people; which party maintains appropriate supervisions to ensure state and local regulations are complied with; and which party has the greatest financial capability of providing for the pet’s needs.

I consider my dog, William Wallace (named after the valiant tough-as-nails warrior in Braveheart, but he is really more of a soft teddy bear), to be my first born child. I treat him just as I treat my son – he gets a birthday party, birthday presents, Christmas presents, and presents for no reason at all. I take him on car rides, and have special “Mommy-Wallace” time with just us. These issues speak to my heart, and if you find yourself in a dispute regarding pet custody, please contact me at Cynthia H. Clark & Associates, LLC

 When a party divorces, often times a spouse will desire returning to your maiden name afterwards.

 Under current Maryland law, a spouse who took on the other party’s name during the marriage may be restored to any former name:

1. if they no longer wish to use that name;
2. the name change is requested in the divorce action;
3. the request is not for any fraudulent, illegal or immoral purpose. The request to begin returning to your maiden name name needs to be made at the time of the divorce and entry of a Judgment of Divorce.

HB793 of the 2017 (PDF) legislative session revised some of these requirements. Effective October 1, 2017, the request to be restored to a former name may now be granted within eighteen (18) months of the date of the divorce upon motion of the party requesting the restoration. Additionally, the request must be made by the spouse seeking the restoration of their former name. A spouse may not request the name change for the other spouse.

Cynthia H. Clark & Associates, LLC is an Annapolis-based family law firm serving clients throughout the state of Maryland. If you and your spouse are considering a divorce, please contact our firm to reserve a consultation time at our office.

Financial preparation for divorce is a large part of discussion when filing for a divorce in Maryland. It is important to review your financial situation when considering a separation to make sure you have a handle on your current financial position.

Review your debt and expenses. What are your monthly household expenses? If you are moving out of the marital home, will any of these monthly expenses increase? For what debt are you going to be responsible for? What assets will you have to fund your expenses and pay for your debt?

Focus on your personal financial preparation for divorce. Look into getting your own credit card if you have a joint card with your spouse or if you need an additional source of funds. Open your own bank account and have your salary directly deposited into this account. Set yourself up for financial success and to be independent.

Consider child support and alimony. If you have children, determine whether you will be responsible for payment of child support to your spouse or if you will be receiving support. Calculate the monthly expenses of your children – activities, clothes, food, etc. If you are the primary monetary contributor to your marriage,

Cynthia H. Clark & Associates, LLC. is an Annapolis-based family law firm serving clients throughout the state of Maryland. If you and your spouse are considering a divorce, please contact our firm to reserve a consultation time at our office.

Divorce is an already paralyzing event for many men and women, and it comes with a flurry of emotions. Guilt, anger, jealousy, fear, and betrayal can be just the tip of the iceberg, depending on the circumstances under which the parties are splitting up.

Friends and loved ones may have a similar feeling of betrayal, prompting them to “take sides” in the process. Many people believe this is what support looks like, but it can be more harmful than helpful in some situations. The key to being supportive is to help based on what the divorcing person actually needs, and not what you think he or she needs.                     

Avenues for emotional support

Divorce is often painful, and it helps to remember that people react differently to pain. This includes you, even if you are not one of the people getting divorced. You are entitled to be angry, upset, or hurt for yourself and on behalf of your loved one. However, displacing your feelings onto your friend – assuming that he or she feels the way you do – may not be what is best.

Instead, listen to your friend’s concerns, but do not reciprocate with a negative discussion about his or her soon-to-be ex-spouse. This only helps to fuel negative feelings, and if children are in the house, it can cause damage to their relationship with the other parent.

Stay neutral and non-judgmental about anything your friend discloses to you about herself or himself, or his or her damaged relationship. Most people become self-critical or irrational in times of crisis and may confide in you details that otherwise never would have come to light. It is best to remember that he or she is vulnerable right now, and that his or her feelings or responses can (and probably will) change over time.

Keep your friend on good social footing by getting him or her out of the house. At some point during separation, it is common for parties to go through some form of depression; isolating himself or herself is a sign that this is happening. It’s a normal emotion, but to prevent your friend from becoming more withdrawn, make sure to keep him or her active. If you live far away, keep in touch via email, text, or phone calls, so that he or she knows you are still present in his or her life.

If your friend has children, you can offer to be there physically for the exchange, if warranted. The presence of a third party can make an enormous difference in behavior during pickups and drop-offs.

Taking the practical route

Part of separation and divorce means one of the parties will be moving out of the marital residence. The thought of packing all of your belongings, finding a moving company, and securing a new place to live can be overwhelming for anyone. This, along with everything else that comes with divorce, may cause your loved one to feel like he or she is drowning. Help your friend locate resources to make this transition easier. Try making a list of apartments that fit the criteria your friend would prefer, or help with a yard sale if the couple needs to sell the home and belongings. You could offer to babysit or pet sits on a weekend, so your friend can take care of errands or appointments.

If you see that your friend is struggling, suggest that he or she seek out a therapist who specializes in divorce. Talking through certain issues with friends is an immense help, but unless you are a licensed professional, you have a limited amount of assistance to offer. You could also be putting your own mental health at risk by trying to take on every problem that your friend is going through.

Domestic violence can change everything

If an abusive situation is at the root of the marriage breaking up, your friend might need to take safety measures such as filing a police report or applying for a protective order. Your friend might need help planning to leave safely before doing either of these things.

Your first urge might be to offer your loved one a place to stay with you. The intention is based on love, but this may not be the best option: the other spouse may know where to find your friend, placing both of you in danger. Many victims become nervous and have a change of heart because they fear retaliation. Offer to go with your friend to the police department or the court, so he or she doesn’t feel alone. You could also research domestic violence shelter options that fit your friend’s needs, but let him or her choose where to go.

Finally, urge your friend to seek the advice of an experienced family law attorney, rather than trying to take on the legal system on his or her own. Parties certainly have a right to represent themselves in court, but the value of having a professional who not only understands the nuances of the law but knows how to maneuver through the procedural quagmires is invaluable to saving your friend’s sanity. Even minor mistakes being made can stall your friend’s case, or cost an equitable share of his or her marital estate. In the end, hiring a family law attorney is the most sensible choice to make.

When a marriage is no longer working, emotions run high and it becomes difficult to keep your best interests in mind. If you believe you are ready to seek the advice you need, let the seasoned professionals with Cynthia H. Clark & Associates, LLC guide you through the difficulties of ending a marriage. Schedule a consultation with a divorce lawyer in our Annapolis office through our contact page, or call us at 410-990-0090.