Family Lawyer - Rockville
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LAW OFFICE OF NEVEEN H. KURTOM, LLC

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What is Contempt of Court in Family Law Matters?

Contempt of court matters can only be filed after the court has already issued a court order outlining what each party must do in their divorce, child custody, and/or child support matter. In Maryland, if someone does not comply with a court order for child or spousal support, they can be found in contempt of court. Md. Code, Family Law § 11-110 specifically sets out the courts powers which include imprisonment of the nonpaying party. However, if the nonpaying party can prove that they are not able to pay, jail will probably not be the result.

Violating a court-ordered custody and visitation schedule can also result in contempt of court. If a party is denying or interfering with the other parent’s custodial time with out justification, the court may find that person to be in contempt of court. The court will either order make-up time or modify the existing court order make sure everyone complies with it in the future.

In any contempt matter, the court may order attorneys fees against the other party if they are found to be in contempt. Contempt of court is a powerful and necessary tool that enables the aggrieved party to file an action with the court and seek the court’s intervention. It is important to note that contempt of court matters require evidence. The more evidence that you have to prove that the other party is unjustifiably disregarding the court order, the higher your chances of success you will have. To learn more about contempt matters or if you would like to discuss your case with us, please call us at (443) 741-2567 and we would be happy to discuss your case with you.

How To Deal With Stress During A Divorce

It is undeniable that going through a divorce is stressful. It is a lifechanging event that can bring on so many different emotions all while dealing getting through the court process itself. I always tell my clients the following helpful tips to help them manage their stress levels while going through the divorce process.

  1. Maintain a consistent routine. It is easy to feel like you don’t want to get out of bed and not do anything. The weight of negative emotions and stress can overwhelm your spirt and lead you to get off what your normal routine was while you were married. It is important to stay on routine as much as possible. Whether it’s getting your children ready to go off to school, going to your job, and coming home to cook dinner… whatever your daily routine was it is imperative that you stay active and consistent.

  2. Exercise! Staying active can help you relieve your anger, anxiety, and negative emotions. It reduces the body’s stress hormones and studies show that exercise treats clinical depression.

  3. Have your support system in place. It is imperative that you talk to your family, friends, or counselors to help you get through this process. They are there to listen and want to help you. Many people feel alone in this process or feel like they don’t want to be a bother to others. Your support system is there to help you and they actually want to be a resource to you.

  4. Do not make decisions while your angry. Try not to make haste decisions out of emotions. It is ok to take your time and sleep on it and come back to it when you’re ready.

  5. Make time to socialize and have fun! Everyone needs a break and it is ok to go out and have fun. You are entering a new chapter of your life and you are in control of it.

These are just a few helpful tips and certainly everyone has their own way of coping through the divorce process. It is ok to allow yourself to feel the emotions but also be sure to avoid destructive behavior like drinking or self-medicating. Taking the proper time to reflect and heal will allow you to move on in a healthy way much quicker.

What is a Mutual Consent Divorce?

What is a mutual consent divorce?

A mutual consent divorce does not require you to be separated for any period of time prior to filing for divorce if you meet certain requirements. If you and your spouse have a signed Marital Settlement Agreement that resolves all marital property issues and alimony, you can qualify for a mutual consent divorce. If you have children with your spouse, the agreement must also resolve all issues related to custody, access, and child support. The parties must also include a child support guidelines worksheet. Finally, neither party shall ask the court to set aside the agreement before the divorce hearing. Once the agreement is signed, the parties can file a Complaint for Absolute Divorce and at least one of the parties must attend the uncontested divorce hearing to the court to grant the divorce.

A mutual consent divorce can save parties a lot of time and money if they are able to meet the criteria. It is important to carefully draft, review, and negotiate the Marital Separation Agreement prior to signing it as it is binding once signed. Even if either party wants to challenge a signed agreement and asks the court to set it aside, it is not always guaranteed that the court will as most judges will deem it as a valid contract between the parties. If you have any questions, please feel free to reach us at (443) 741-2567 and we would be happy to assist you.