Law Office of Kevin L. Beard, P.A.

divorce Archives

What factors do courts consider when deciding an alimony dispute?

There are certain factors that will increase the likelihood of one spouse needing to pay alimony in a particular divorce. These factors are important to consider, whether you are the potential recipient or payer of alimony. Estimating the likelihood of alimony in your case will help you arrive at an out of court settlement rather than needing to litigate the matter in court.

What should I know about surrogacy?

Surrogacy is an excellent option for two would-be parents if they can't have a baby on their own. Surrogacy involves the use of another person to carry a baby in her womb for someone else. The topic of surrogacy is legally complex, however. Prospective parents who want to use a surrogate should consider having an attorney make the arrangements.

What issues will my divorce resolve?

Imagine that you and your spouse have been married for 10 years and you have two children together. You also own a house, two cars, a family home, a vacation home, a retirement portfolio, three investment accounts, the family dog and let's not forget the expensive art and antiques you've passionately collected over the years. Based on that description, your divorce may be a little more complicated than others to resolve, but it certainly will not be impossible.

What is unenforceable in terms of prenuptial agreements?

Many spouses have the idea that they can put anything inside a prenuptial agreement and -- if the other spouse signs the document -- it will be legally binding. Even though some couples agree to include questionable clauses in their prenups, these clauses may not be enforceable in a Maryland family law court. They could even result in the invalidation of the entire prenuptial agreement. As such, it's important that spouses understand the limits of these agreements before signing them.

Are you tending to your emotional needs during your divorce?

Divorce is not an easy process emotionally, and trying to navigate the complexity of your legal proceedings can even take its toll on you physically. It's therefore important for anyone going through a divorce to pay attention to their emotional needs.

Will my ex take the Volvo or the Porsche?

When it comes to divvying up possessions, assets, investments and money in a divorce, spouses generally have a lot of questions to ask their attorneys. Most want to know how much they're going to be able to keep and how much they're going to be able to give up. Some are interested in learning as much as they can about their legal rights so they can arrive at the fairest possible divorce settlement, while others want to try and keep as much of the marital estate as possible.

Can you take the 'high road' in your divorce process?

There's one thing you can do to make your divorce process exponentially more peaceful. If you're not already doing it, you might want to sit down, get real with yourself and give the following a try: Have compassion for your soon-to-be ex. This may be a lot easier said than done, especially if your spouse is being difficult, saying hurtful things to you or coming at you with aggressive legal tactics. However, if you can -- at the very least -- avoid engaging in 'mudslinging' regardless of the behavior of your spouse, it will help you in your divorce.

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