Reinstein, Glackin & Herriott, LLC Divorce Attorney Annapolis | Reinstein, Glackin & Herriott, LLC2024-03-16T22:14:20Zhttps://www.rghlawyers.com/feed/atom/WordPressOn Behalf of Reinstein, Glackin & Herriott, LLChttps://www.rghlawyers.com/?p=483742024-03-16T22:14:20Z2024-03-16T22:14:20ZWhen you look at divorce trends in the United States, it’s interesting to note that older couples have a rising divorce rate. This means that there are more divorces for those who are 50 and older – often termed “gray divorce.” This is affecting the Baby Boomer generation more than others. Younger generations of Americans actually have a declining divorce rate.But why is this happening? What is it about this age group that is causing them to get divorced so often?
Changing opinions on divorce
For one thing, perspectives on divorce have changed over the years. Older couples may have wanted to split up in their 30s, but they lived at a time when that was socially taboo. Divorce is now very common and acceptable, so that may contribute to a lot of these cases.
Different goals
Another potential issue is that couples have different goals for the end of their life. They may realize that these goals are not compatible. They were able to have a happy marriage at an earlier stage in their life, but they now have a very different vision for those final 20 years and they want to live it on their own.
Becoming empty nesters
Similarly, many of these older couples have recently seen their children, get married and move out or go to college. They’ve become empty nesters. They may have already had certain problems or conflicts in their marriage, but things didn’t seem too serious because the children were around and they were a constant distraction. Becoming empty nesters can expose the issues with the marriage.If you are in this age group and you find yourself facing divorce, take the time to look into all of the legal options at your disposal.]]>On Behalf of Reinstein, Glackin & Herriott, LLChttps://www.rghlawyers.com/?p=483722024-03-05T16:36:36Z2024-03-05T16:36:36ZIn the past few decades, as courts and society as a whole have moved away from a “sole custody” default model, parallel parenting and co-parenting have emerged as two primary approaches for managing the upbringing of children.
Understanding the differences between these two approaches is important for parents whose romantic relationships are at an end. Although co-parenting is the more common approach, it isn’t right for every family. By carefully evaluating both options, parents can get a better sense of which approach may best serve their children and their families more broadly.
Co-parenting
Co-parenting is characterized by a high degree of cooperation, communication and coordination between a child’s parents. In a co-parenting arrangement, both parents actively work together to make decisions regarding their children's lives, from daily routines to significant life events. This approach requires a strong foundation of mutual respect and a commitment to putting children's needs above personal differences. The open lines of communication in co-parenting allow for a more unified parenting front to provide children with consistency and stability across both households.
Parallel parenting
Parallel parenting, on the other hand, is a method of parenting that is often employed when high levels of conflict between parents make direct communication and cooperation challenging. In this arrangement, each parent operates independently of the other, with minimal direct interaction. Parallel parenting plans are typically very detailed, outlining specific schedules, responsibilities and decision-making protocols to minimize the need for direct communication. Additionally, there is generally the assumption that any matter not detailed otherwise in a parenting plan can be handled separately in each household. Meaning, kids may need to follow different rules and employ different expectations for daily life at each house. This approach can be particularly beneficial in situations where interactions between the parents are likely to lead to conflict, thereby protecting the children from potential stress and emotional harm.The choice between parallel and co-parenting is deeply personal. There is no single approach that works for every family. As such, carefully considering each option is wise when it’s not immediately clear which approach will suit a particular family’s needs best. ]]>On Behalf of Reinstein, Glackin & Herriott, LLChttps://www.rghlawyers.com/?p=483562024-02-18T23:46:46Z2024-02-18T23:46:46Z29 times higher than in a car accident.
How to share the road safely
The good news is that there are things you can do to keep yourself safe while riding your motorcycle. Before you leave:
Obtain your license before you get behind the wheel.
Examine your bike before you go. Fill up the tires with air and the engine with oil. Verify the functionality of your brakes and headlights.
Recognize and abide by the laws. Give notice when you're turning, follow the flow of traffic, and don't try to run a yellow light. Respect the speed limit.
Keep an eye out for other cars and give yourself enough space to move safely between you and them. Be aware of the blind areas of other drivers.
Wear your helmet at all times! The most crucial thing you can do is to physically protect your head. Your helmet may be the difference between a catastrophic brain injury and a life-altering injury in the event of an accident.
When you have a passenger, make sure that they wear a helmet, hold firmly to your waist and avoid dangling their feet.
Should you have an accident, allow the paramedics to assist you and give them permission to take you to the hospital. Then, seek legal guidance to help you recover any costs associated with your injuries and medical expenses, if your crash is caused by another’s negligence.]]>On Behalf of Reinstein, Glackin & Herriott, LLChttps://www.rghlawyers.com/?p=483552024-02-06T00:12:38Z2024-02-06T00:12:38Zproviding valuable assistance to both parties.
For example, sorting through statements and other financial paperwork is a time-consuming and often overwhelming task during a divorce. A financial advisor can assist by organizing and analyzing financial documentation related to assets, income, debts and expenses. This meticulous organization can help both parties and their respective legal teams gain a clear understanding of the financial landscape, facilitating a smoother divorce process.
Asset valuation
Determining the accurate value of assets during a high-asset divorce helps ensure a fair distribution of marital property. Financial advisors can work with appraisers and other professionals to accurately value various assets such as real estate, businesses, investments and retirement accounts. Their experience in financial analysis can be instrumental in assessing the true worth of assets, taking into account factors like market conditions and tax implications.
Financial education and guidance
Making informed decisions during a divorce depends heavily on access to information, and a financial advisor can provide valuable financial education in this regard. They can explain complex financial concepts, investment strategies and tax implications in a way that is easily understandable for their clients. This financial education empowers individuals to make well-informed decisions regarding the division of assets, alimony, child support and other financial aspects of divorce.
Divorce financial planning
Running projections based on proposals made during discussions can assist individuals in understanding the long-term financial implications of various settlement options. They can create comprehensive divorce financial plans that take into account factors such as future income, expenses, tax implications and investment strategies. This forward-looking approach helps individuals make strategic decisions that align with their financial goals and can mitigate potential financial challenges post-divorce.
A high-asset divorce is never easy, and getting professional legal and financial guidance can help you navigate the complexities of this situation more effectively. Seeking the services of a financial advisor, in addition to a skilled legal team, can be instrumental in streamlining the financial aspects of the divorce process.
]]>On Behalf of Reinstein, Glackin & Herriott, LLChttps://www.rghlawyers.com/?p=483542024-02-02T23:20:07Z2024-02-02T23:20:07ZMilitary families encounter many challenges as they strive to balance everyday family life with the duties of the military service member in the household. It’s a way of life that can undoubtedly cause stress and can also place a strain on the marital relationship. Many spouses decide that the strain is too great, and it would be better to file for a divorce when their marriage is beyond repair. Couples who have at least one spouse in the military must be thorough when crafting a child custody agreement in divorce. If you’re preparing to navigate this process, you’ll want to make good use of the military family care plan (FCP). An FCP helps provide for your children when their military parent’s obligations require an overseas deployment.
An FCP helps create a solid child custody agreement in a military divorce
While you’re serving a deployment overseas, your children’s daily lives will keep moving forward back at home. You must address issues regarding their daily care, school, their health and more, and provide for them while you’re away. This is especially true if you are the primary custodial parent in a divorce.An FCP covers many of these issues and you can incorporate them into your child custody plan. You can designate an alternate caregiver to take custody of your kids while you’re away. You can also specify instructions for things like daily routine, discipline or management of child-related finances, such as a weekly allowance.
Include important information in your FCP
As part of your family care plan and military divorce, you can include a list of priority contacts, such as grandparents, a pediatrician, your children’s school administrators, approved babysitters and other people whose services and assistance might be needed when you’re away. You might also want to request your commanding officer’s signature for an agent letter of authorization, which gives your caregiver access to facilities on base.
Servicemembers’ Civil Relief Act
Whether or not you have finalized your divorce before deploying on active duty overseas, you’ll be glad to know that the Servicemembers’ Civil Relief Act prevents child custody or other divorce-related legal proceedings from taking place when you are unable to be present in person. This means, for example, that your ex cannot sue you for custody or request modification of an existing child custody order while you are overseas. A family care plan and other child custody tools make a military divorce manageable and can help minimize stress and disruption in your children’s lives. You can tap into resources both on and off base for guidance and support regarding these and other issues that can help your family navigate divorce proceedings. ]]>On Behalf of Reinstein, Glackin & Herriott, LLChttps://www.rghlawyers.com/?p=483532024-01-19T21:15:47Z2024-01-19T21:15:47ZSnow, sleet and ice are a big problem for drivers – and Maryland definitely gets its fair share of all three. Every new snowstorm tends to produce a lot of car accidents.
Is “bad weather” and lousy road conditions a viable defense to a car accident claim? Not at all. Here are the basics you need to know:
No matter what the weather, drivers are responsible for controlling their vehicle
Maryland’s laws “require that motorists drive at a reasonable and prudent speed with a regard for existing and potential hazards.” In other words, it’s every driver’s responsibility to decide when and if it is safe to drive. It’s also up to every driver to adjust their driving behavior according to the road conditions. If the weather is bad and the roads are covered in snow or ice, drivers are expected to slow down, increase the distance between their vehicle and other vehicles and brake carefully. Losing control of a vehicle, even when it is due to snow and ice, is a ticketable offense.
Liability is tied to negligence, and it can be negligence to even be on the road
When a car accident claim is evaluated, the big question is whether or not the defendant was somehow negligent. Negligence is broadly defined as a failure to use reasonable care when there is an obligation to do so. Reasonable care is the sort of ordinary caution that the average person would use under similar circumstances. If the roads aren’t safe, a reasonable driver stays home.If you end up in a wreck this winter, don’t let anybody tell you that the accident was “unavoidable” because of the weather. It’s wiser to get legal guidance and explore all your legal options.]]>On Behalf of Reinstein, Glackin & Herriott, LLChttps://www.rghlawyers.com/?p=483492024-01-05T02:27:43Z2024-01-05T02:27:43ZThose who have higher household incomes and more assets have more to negotiate and divide when they divorce. Retirement accounts are often a point of contention in high-asset Maryland divorces.
Spouses worry about diminishing their retirement savings by splitting them. They may also worry about penalties and taxes. While people often do need to include at least some of their retirement savings in the marital estate during a divorce, they can at least eliminate taxes and penalties with special paperwork.
A QDRO helps divide retirement savings
Making a withdrawal from a retirement savings account during divorce would trigger a penalty and possibly tax obligations. The penalty could be up to 10% of the amount someone withdraws, which can exacerbate the losses already occurring because they must split the account. Making a withdrawal from a tax-deferred retirement account like a 401(k) may not be the best decision during a Maryland divorce. Couples can instead use a qualified domestic relations order (QDRO) to split the account as part of the property division process. When done properly, account division with a QDRO does not lead to any penalties or taxes. The process does require follow-up and attention to detail. People need to sign and use the QDRO after the divorce for it to have the desired effect, as the process is not automatic. One of their lawyers must draft the document, and it won't actually change the account until they submit it to the professional managing the retirement savings. Using the right tools can help divorcing high-asset couples preserve as much of their property as possible.]]>On Behalf of Reinstein, Glackin & Herriott, LLChttps://www.rghlawyers.com/?p=483462023-12-25T03:11:33Z2023-12-25T03:11:33ZThe children stay in the family home
The birdnesting custody arrangement gets its name from how parent birds taking care of baby birds take turns staying in the nest while the other goes to get food. They share the nest with the children but are generally not both present at the same time.
Parents with shared custody in Maryland can have the children remain in the family home while the parents move in and out according to their parenting schedule. During active parenting time, one adult stays with the children in the family home while the other stays elsewhere. They then switch when the other adult has parenting time.
Birdnesting arrangements can benefit families in school districts with hard-to-afford or hard-to-find housing. They can also help those with children who have special needs and those who simply want to keep things as calm and stable for their children as possible. Considering unique solutions can help families come up with the best custody arrangements during a Maryland divorce.]]>On Behalf of Reinstein, Glackin & Herriott, LLChttps://www.rghlawyers.com/?p=483342023-12-09T21:10:30Z2023-12-09T21:10:30ZDivorces involving military personnel come with a unique set of challenges and rules that aren’t typically encountered in civilian divorces. Among these are the "20/20/20" and "20/20/15" rules.
These rules determine eligibility for continued military benefits after a divorce, a significant concern for many military families.
The 20/20/20 rule
The 20/20/20 rule applies to long-term military marriages and dictates specific eligibility criteria for non-military spouses to continue receiving military benefits after a divorce. For this rule to apply, three conditions must be met:
The military member must have at least 20 years of creditable service towards retirement pay.
The marriage must have lasted at least 20 years.
The marriage and military service must have overlapped for at least 20 years.
When these criteria are met, the non-military spouse retains full benefits, which include medical care, commissary privileges and exchange privileges.
The 20/20/15 Rule
The 20/20/15 rule is slightly different. This rule applies when the non-military spouse doesn’t meet the full criteria of the 20/20/20 rule but is close. The requirements are:
The military member must have at least 20 years of creditable service.
The marriage must have lasted at least 20 years.
The marriage and military service must have overlapped for at least 15 years.
Under the 20/20/15 rule, the non-military spouse is entitled to some benefits, but not all. The most significant difference is that medical benefits are limited. They’re entitled to full military medical benefits for only one year after divorce. After this, they no longer have access to these benefits.
Other Benefits
Other benefits like commissary and exchange privileges are also affected besides health care. Under the 20/20/20 rule, these benefits continue, but under the 20/20/15 rule, these benefits are not available post-divorce.Understanding the implications of the divorce is critical for anyone in this situation. Seeking assistance from someone familiar with these laws can reduce stress. ]]>On Behalf of Reinstein, Glackin & Herriott, LLChttps://www.rghlawyers.com/?p=483332023-12-06T16:39:35Z2023-12-06T16:39:35ZThey bring in professional help
There are no existing figures that will accurately reflect the fair market value for the average marital home. The longer the couple has remained at the home, the greater the likely discrepancy between what they paid and what it is currently worth. The difference could amount to tens of thousands of dollars or more in some cases.
A real estate professional's evaluation is necessary to set an appropriate value on the home. Sometimes, spouses divorcing amicably can call in a real estate agent that they have worked with before. Other times, spouses may want to work with a new agent or an appraiser.
In high-conflict divorces, spouses might even seek two separate appraisals and then negotiate a value based on what each appraiser determines. Couples focus so much on setting a value for the home because it can influence almost every other aspect of property division given its high price point.
Setting an appropriate price on marital assets can help people obtain an appropriate property division settlement.]]>