Tips for Getting through a Divorce

Going through a divorce, and a long one in particular, is a difficult, emotional, stressful and tense situation. Family members, friends, and even those acquaintances that have also been through a divorce are a good support system to lean on throughout this difficult process. Here are 5 divorce tips from a divorce lawyer.

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 Randall M. Kessler, a blogger for The Huffington Post, provided some helpful tips to further assist you throughout your divorce:

  • Help your attorney help you. You know your marriage, your spouse and your children better than anyone else, certainly more so than your attorney. Provide suggestions to your attorney as to how to best deal with your spouse and inform your attorney as to those issues that are most important to you so that your attorney can focus on those issues.
  • Provide your attorney with all necessary information. Create a detailed history of your marriage and provide it to your attorney. Further, if you think an event, situation or fact isn’t important to your matter and that you do not need to inform your attorney as to same, do it anyway. Let your attorney determine its importance.
  • Make your divorce a priority.  If your attorney needs to speak with you or needs you to come into the office, be available. They do not attempt to speak or meet with you if they do not have something important to discuss with you. Further, not being available to discuss your case, or if you are not willing to take leave from work to attend mediation or 4-way meetings with your lawyer, spouse and their attorney, gives the impression that you are uncooperative. Settling your matter may prove to be even more difficult.
  • Spite will only harm, not help.  Resist the urge to be spiteful and the need to win every battle you may engage in with your spouse. It is important to focus on the “bigger picture” and on the best way to prevail on those issues most important to you. Antagonizing your spouse, or “rubbing it in” when you either get a good result in court or get them to agree with your position on an issue that is important to you, does not help your cause and may backfire on you later down the road in settlement negotiations.
  • Check in regularly with your attorney. Schedule regular status appointments with your attorney. This will give you and your attorney the opportunity to discuss strategies moving forward and also ensures that you are both on the same page. Regular meetings may also bring to light questions you have for your attorney that you may otherwise not have thought about.

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.

Resolution of Child Dependency Exemption Issues in a Separation and/or Divorce

As the tax filing season approaches, a common question amongst couples who are considering a separation or are currently in the process of divorcing centers around how to resolve who will be claiming the parties’ children as dependency exemptions on their income tax returns. Another related question that often arises is who will be claiming head of household.

Parties can agree upon a myriad of ways to resolve how to determine which party will claim the parties’ children as dependency exemptions on their income tax returns in certain years. In matters where parties agree to have joint custody of their children, the parties either alternate claiming the children every other year, or if there is an even number of children, each party will claim the same number of children each year as their dependents (i.e. if the parties have four children, each will claim two). If the parties’ have an odd number of children, by way of example three children, each may claim one child every year and alternate the third child. This is an issue that should be discussed when considering a separation from your spouse or if you are currently in the process of a divorce.

The party who is the custodial parent is permitted to file as head of household on their income tax returns. A question arises when parties are sharing 50/50 custody of their children. If the parties agree to alternate claiming their children as dependency exemptions, the year in which one party is claiming the children they can be designated to have 183 overnights, instead of 182 overnights, with the children in that year so that they would be permitted to file as head of household. This is also an issue that should be discussed when considering a separation or if you are currently in the process of a divorce.

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.