Legal Question in Family Law in Maryland

Re: Separation

It is sort of like doing electrical or pumbing work using a self help book, it seems simple, but if you screw up, it cost 10 times more to fix. There are plenty of self help divorce forms, but if you screw up you could lose thousands. Since one of your children is under 18, there is child support. If you are in the Baltimore or Harford County area, I will give you a free initial consultation. Give me a call at 410-828-9363.

Re: Separation

You know it really depends on the forms. I have had clients come to me with some forms that were just horrible. Still I have seen one or two that are fairly complete. The problem is a form doesn't take into account the specifics of your case which means they will not be as complete as having one drafted specifically addressing your liabilities and assets.

Most attorneys charge a flat-up front fee to draft the agreement if it is uncontested and usually do not charge a great deal. Also keep in mind that the fee usually (at least in my case) includes drafting and negotiating the Property Settlement Agreement, drafting the Bill of Complaint and/or the Answer and the final decree for divorce, and attendance at the final hearing for divorce. So you see drafting the agreement is only the beginning of the process. I have always thought it wiser to cover all your bases and have an attorney draft the agreement specifically addressing your case. To do otherwise you really do have a great risk that it has not covered all the bases, not to mention, you should have an attorney advise you of your rights and entitlements.

That being said I understand that some people just absolutely positively cannot afford an attorney no matter how inexpensive. If that is your case then you don't have much of a choice but to go it alone and I understand that. Just do as much research as possible. Go to your local law library and read as much as you can on the subject to try and educate yourself so that you can draft a somewhat comprehensive agreement. You can then check your local county courthouse family law clerk to see if they have "pro se" (pronounced "pro say") forms for the Bill of Complaint and the Final Decree of Divorce. Most counties do.

Good luck to you. If I can be of help please call me at either my Md office at 301-652-0663 or my VA office at 703-968-3974.

Re: Separation

There can be significant issues with respect to marital property that should be addressed in the process of obtaining a divorce. Are there any joint bank accounts, brokerage accounts, etc. Do either or both of you have retirement assets? These are considered marital property and subject to division by the court, unless you are prepared to give up any interest in each other's plan. Generally but not always, it's to the wife's advantage not to give up an interest in the husband's plan, since it's usually the larger of the two.

What about insurance issues? Tax issues? Joint debts? There are important reasons to consult an attorney, if only to make sure you are protecting yourself, even if you then decide to proceed on your own.

Robert Sher

(301) 986-4555

Re: Self Help Separation Forms

Standard forms are fine for standard situations. That being said, I cannot recall a standard situation. Often a standard form does not address the specifics of the divorce. Many things are left unstated in these forms, and for good reason since the author of the standard form does not want to be liable where such a form is used by a someone who is not an attorney. There are matters that are extraordinarily expensive to overcome, if at all, once an ill fated separation is used. My fee for a simple, non-contested separatation agreement is very reasonable.

It certainly is your choice and if funds are tight you may have no other option. Child support applies for one child, college expenses, insurance, tax issues, equitable property and debt division, and a host of other issues may apply. Sometimes it is better to hand a matter over to those who are best able to address it. As a former car repair buff, I surely could have replaced the brakes on my car last month, but it would have cost me more time and aggravation than it was worth to avoid paying a certified mechanic and I know that the brakes will be there in working order each time I need them.

Please feel free to contact me for a free discussion.

G. Joseph Holthaus

(410) 799-9002