by Cynthia M. Lifson | Jun 21, 2018 | Uncategorized
When families are in conflict, mediation may be the ideal way to resolve problems, particularly in regard to finances and children. Interestingly, over the past twenty years, Maryland courts have adopted rules to require litigants in custody disputes to participate in mediation. Typically, Maryland courts order litigants with a dispute involving their children to participate in a Parenting Seminar and to attend a minimum of two sessions of formal mediation with a certified mediator who has completed extensive training required by the courts. Why do courts order mediation and what can we learn from this? Disputes related to families are associated with about one half of all civil cases. Moving these cases along efficiently is certainly one goal of our courts. Mediation is a tool that has been shown to help people resolve their differences by creating a safe environment to speak openly and clearly. It is also not unusual in mediation to uncover the source of a problem that really is not something that courts can address. Mediation often is less expensive that a litigated case that goes to trial. Mediation may lead to an agreement that is durable and mutually acceptable simply because the parties came to their own conclusions and a court did not impose a result. In such instances, the likelihood that the parties will return to court is reduced. I think that the courts are really on to...
by Cynthia M. Lifson | Apr 29, 2016 | Uncategorized
Where should I file for divorce? Divorces are handled through the Circuit Court System in Maryland, which is divided into individual counties and Baltimore City. Maryland has twenty- three counties and Baltimore City as jurisdictions for Circuit Court proceedings. As a general matter, a complaint for divorce in Maryland is filed in the jurisdiction where the parties reside. If the spouses live in different jurisdictions, then the initiating party, the plaintiff, may file either in plaintiff’s jurisdiction or in the jurisdiction where responding party, the defendant, either resides or works. Special rules may apply when dealing with children. How long will the divorce take? The time it takes to obtain a final divorce in Maryland, which is referred to as an absolute divorce, depends on the facts and circumstances of the case. In general, if spouses can arrive at an agreement about their marital issues in advance of filing a complaint for absolute divorce, the time it takes for a judge to sign the order for absolute divorce is less than if parties engage in protracted conflict. Maryland courts have put in place a system of organization called differentiated case management. In most jurisdictions (counties and Baltimore City), a trial date in a contested divorce case will be scheduled within one year of the filing date of the complaint for absolute divorce. For uncontested divorces, a hearing on the divorce may typically be scheduled within ninety days of the initial filing date. What can I do to reduce the attorney’s fees? One of the most important actions that you can take to reduce the cost of the attorney in...
