Remarriage Restrictions and Pension Payments

All retirement transfers and payments must be handled carefully.  It is critical that the parties be advised of additional steps they may need to take beyond getting the QDRO prepared and submitted. Many of these steps are simple, such as having the alternate payee provide his/her account information in order to receive the funds.  Without this,  the plan may not be able to make payment at all or will withhold an improper amount of taxes if the correct forms are not submitted.

A very important rule that some pension plans have is a restriction regarding the remarriage of the former spouse. Typically, the restriction is that if the former spouse remarries prior to reaching a certain age, then the payments to the former spouse of his/her share of the employee’s annuity (during the employee’s lifetime) will terminate. Under certain plans, the payment can be resumed upon proof that the former spouse’s subsequent marriage has ended by death or divorce. With other plans, the payment cannot be resumed and is in fact terminated forever. If a former spouse is relying heavily on these payments, this is a very important piece of information that should be conveyed to the client not only in discussions to ensure they understand but also with a follow-up written communication. The follow-up letter will serve as a reference to the client and also help protect the attorney from a potential malpractice claim. Since the income received from a spouse’s pension is typically a substantial sum to the former spouse, the recipient must be put on notice of any decisions that could impact their ability to receive such funds.

Another consequence of remarriage before a certain age is that some plans will terminate a survivor benefit award that may have been made to the former spouse. Some plans will terminate the survivor benefit award forever, whlle others will allow it to be resurrected upon proof that the subsequent marriage has ended by death or divorce. A warning to the client verbally and a follow-up in writing is similarly important here for the same reasons as those listed above.

Some former spouses will receive a minimal share of a pension plan and/or survivor benefit to secure their entitlement to health insurance coverage. For these former spouses, a remarriage may not be important in terms of the income they expect to receive but very important as it relates to other benefits, such as health insurance. If they remarry and lose their survivor benefit, then they could also lose their entitlement to these other benefits.

Here are some examples of plans with remarriage restrictions:

Federal Employees’ Retirement System and Civil Service Retirement System: If the former spouse remarries before age 55, then they will lose their survivor benefit unless they were married to the employee for 30 years or more. If the former spouse’s subsequent marriage ends by death or divorce, they can reinstate their entitlement to the survivor benefit.

Military Pension: If the former spouse remarries before age 55, then they will lose their survivor benefit. If the former spouse’s subsequent marriage ends by death or divorce, they can reinstate their entitlement to the survivor benefit.

Foreign Service Pension System: If the former spouse remarries before age 60 they will lose their entitlement to the employee’s annuity (during the employee’s lifetime) forever. Entitlement to a survivor benefit will be terminated, however it can be reinstated if the subsequent marriage ends in death or divorce.

Other plans such as the Inter-American Development Bank Staff Retirement Plan require that the parties determine whether payment to the former spouse will be impacted by their remarriage.

What about the remarriage of the employee/participant?

The Inter-American Development Bank Staff Retirement Plan will require that the parties determine whether payments to the former spouse will be impacted by the participant’s remarriage. This is rare. 

For most plans, the remarriage of the participant does not impact payment of the employee’s annuity or the survivor benefits to the former spouse if all paperwork has been timely submitted and accepted.

With a military pension, the former spouse must be designated within one-year from the date of divorce to receive the survivor benefit. If not, when the military member remarries, the new spouse will automatically be the beneficiary of the survivor benefit on the one-year anniversary of their marriage to the military member.

Other plans may not impose any impact on the former spouse if the participant remarries. For the participant though, they will want to look into timely designating the new spouse for any survivorship benefits – even if the full amount was awarded to the former spouse. This is because some plans, like FERS and CSRS will allow the new spouse to be a sort-of back-up designee, in the event the former spouse dies before the participant – then the new spouse will be the recipient of the survivor benefit upon the participant’s death.

Overall, the key takeaway here is that all plans are different and have their own rules. These rules may cause major changes to a participant or former spouse’s benefit, and therefore the attorneys must ensure that the parties are carefully advised of all the potential implications of their future actions.

SELF DEFENSE AND DEADLY FORCE IN THE DISTRICT OF COLUMBIA

Self-defense is a complete defense to assault-related crimes, including murder. This article will discuss when self-defense applies, and when the use of self-defense can include deadly force in the District of Columbia.

When can self-defense and/or deadly force be used?

A person has the right to use reasonable force to defend themselves if they believe they are in imminent danger of bodily harm and there are reasonable grounds for their belief. The focus is on whether the defendant/accused actually believed that they were in imminent danger of bodily harm at the time of the incident and under the circumstances as they appeared to the defendant/accused at that time. A person may use reasonable force, which is that force necessary to protect themselves at the time of the incident.

In some cases, it may be necessary for a person to use deadly force to defend themselves. Under DC law, “deadly force” is “force that is likely to cause death or serious bodily harm.”[1] If a person actually and reasonably believes that they are in imminent danger of death or serious bodily injury and the only way to save themselves is to use deadly force, then they are legally entitled to use deadly force. Use of a firearm is the most common type of deadly force, but deadly force does not necessarily require the use of a weapon. For example, if a person is kicked repeatedly in the head by a grown man, this could be deadly force.

“Serious bodily harm” and “serious bodily injury” are defined as “bodily injury that involves substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss of impairment of the function of a bodily member, organ, or mental faculty.”[2]

What if the Defendant’s belief of imminent harm was false?

Since the focus of self-defense is what the defendant reasonably believed based on how the situation appeared to the defendant at the time, a person has a right to use self-defense even if it later turns out that the perceived threat was false. For example, many BB guns appear like a regular handgun. If an intruder breaks into your home and points a BB gun at you that you believe is a real handgun, then you could use deadly force even though the “firearm” turned out to be a BB gun. However, once the threat has been dispelled, you may no longer use deadly force. Thus, if the intruder pointed a gun at you and then ran out of the house, you would not be entitled to self-defense if you shot him in the back as he was running away, regardless of whether you believed that the gun was real or not.

Is there a duty to retreat?

DC law uses the “middle ground” standard between the right to stand and kill and the duty to retreat. Though there is no absolute duty to retreat in DC, the jury may consider whether the defendant could have retreated to safety when assessing whether the defendant “was actually or apparently in imminent danger of [death or serious] bodily harm.”[3] The idea behind this standard is that the jury can consider whether the defendant could have avoided using deadly force by escaping or walking away at the moment that s/he used deadly force. DC has not squarely adopted the “Castile Doctrine”, which is when the law does not require a duty to retreat when a person is within their own home. DC courts have held, however, that the castle doctrine does not apply in the situation where one co-occupant uses deadly force against their roommate or another occupant of the same home.

Does it matter who was the initial aggressor?

The short answer is “yes”. A person cannot generally place themselves in harm’s way or provoke another person and then rely on self-defense to justify the use of force. However, if the initial aggressor withdraws from the fight/situation in good faith and makes their withdrawal clear to the other party, then they regain the right to use reasonable force to prevent imminent bodily harm.

Example 1:

Mark shoves Andy towards the door of a bar and shouts: “Let’s go! I’m ready to beat your ass in the parking lot.” Andy turns around and shoves Mark, who then punches Andy in the face. Mark cannot claim self-defense because he initiated the fight.

 Example 2:

Mark and Andy go out to the parking lot after Mark challenges Andy to a fight. Both men are actively engaged in a fight and Andy gains the upper hand and has Mark in a chokehold. Mark shouts out: “Ok – I’m out. Please no more.” If Andy does not release Mark, then Mark has the right to use whatever force necessary to prevent further harm to himself.

 Example 3:

Let’s take Example 2 a step further. Mark is armed with a handgun in his waistband. Andy has Mark in a chokehold and will not let go despite Mark’s desperate plea that he is choking and will not engage in further fighting. Mark is having difficulty breathing and starting to feel lightheaded. Mark, fearing that he will choke to death, may use deadly force to save himself.

Can I use force to protect another person?

A person has the same right to use reasonable force to prevent imminent harm to another person as long as s/he believes that the other person is in imminent danger of bodily harm and there are reasonable grounds for that belief. The amount of force used must be proportional to the harm. The same principles of self-defense and deadly force that apply to oneself may be applied to a third person.

The right to use self-defense can change from one minute to the next depending on the facts of each case. If you find yourself or someone that you know facing assault charges, then you should not delay in consulting with an experienced criminal defense attorney about your right to claim self-defense. Contact our office at 240-396-4373 to schedule a consultation today.

 
[1] 1 Criminal Jury Instructions for DC Instruction 9.501(B).

[2] Nixon v. United States, 730 A.2d 145, 149 (D.C. 1999).

[3] Gillis v. U.S., 400 A.2d 311, 313 (D.C. 1979).

About the Author

Morgan E. Leigh has 12 years of experience defending assault-related crimes and prosecuting protective orders against domestic violence aggressors. She has also represented a number of police officers in shooting investigations and excessive force cases. Her experience on both sides of the isle gives her a well-rounded perspective when assessing self-defense claims.

Setting Aside Criminal Convictions in the District of Columbia

Compared to many jurisdictions, the District of Columbia has very strict expungement and sealing laws, but did you know that if you were under the age of 25 (24 and under) at the time the offense was committed, you can ask the court to set aside your criminal conviction(s)? This article will discuss the eligibility and process for wiping away a criminal conviction in the District of Columbia – it does not matter whether the conviction was a felony or a misdemeanor.

Science has shown that the human brain does not completely develop until a person is in their mid 20s – specifically the prefrontal cortex, which is responsible for executive functioning, impulse control, and regulation of emotions. Courts are slowly catching up to science, and DC’s Youth Rehabilitation Act (YRA) recognizes that a human being if often a very different person at age 35 than they were at age 21.

The YRA gives a person who committed a criminal offense at a young age the opportunity to move beyond that criminal conviction and put it completely in the past. It’s no secret that criminal convictions can wreak havoc on a person’s life for decades after the offense. It can prevent someone from exercising their Second Amendment rights, getting a job, and even renting an apartment. It can also cause shame and embarrassment even though a person may have successfully completed probation, paid their dues to society, and gone on to be a valuable and productive member of their community.  

Who is eligible for setting aside a conviction under the YRA?

First, the person must have been a “youth offender” at the time that the offense was committed. It does not matter what date the conviction became final – the focus is on the date that the crime was committed. A “youth offender” is defined as someone 24 years of age or younger at the time that the person committed a crime. Certain criminal convictions are not eligible for a YRA set aside – these include murder, first- and second-degree murder that constitutes an act of terrorism, first- and second-degree sexual abuse, and first degree child abuse. So, if you were 24 years or younger and NOT convicted of one of the forementioned crimes, you are eligible to request a YRA sentence and subsequent set aside of the conviction.

What are the YRA sentencing options?

Before I get into what the court is going to focus on to determine whether a YRA conviction set aside is appropriate, I want to briefly touch on the sentencing options available to youth offenders that are currently involved in the system. A court may suspend a sentence as opposed to placing a youth offender in jail if the court determines that a youth offender would be better served by probation instead of confinement and shall require the completion of 90 hours of community service unless the court determines that community service would be unreasonable. The court may also issue a sentence less than any mandatory minimum term that may otherwise be applicable. 

What are the options for setting aside a prior conviction under the YRA?

Even if the YRA was not an available option at the time of the criminal conviction, a person may later petition the court for a YRA disposition and conviction set aside. In exercising its discretion, the court will consider:

(A) The youth offender's age at the time of the offense;

(B) The nature of the offense, including the extent of the youth offender's role in the offense and whether and to what extent an adult was involved in the offense;

(C) Whether the youth offender was previously sentenced under this subchapter;

(D) The youth offender's compliance with the rules of the facility to which the youth offender has been committed, and with supervision and pretrial release, if applicable;

(E) The youth offender's current participation in rehabilitative District programs;

(F) The youth offender's previous contacts with the juvenile and criminal justice systems;

(G) The youth offender's family and community circumstances at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system;

(H) The youth offender's ability to appreciate the risks and consequences of the youth offender's conduct;

(I) Any reports of physical, mental, or psychiatric examinations of the youth offender conducted by licensed health care professionals;

(J) The youth offender's use of controlled substances that are unlawful under District law;

(K) The youth offender's capacity for rehabilitation;

(L) Any oral or written statement provided pursuant to § 23-1904 or 18 U.S.C. § 3771 by a victim of the offense, or by a family member of the victim if the victim is deceased; and

(M) Any other information the court deems relevant to its decision

With respect to this last catchall factor, subsequent criminal contact with the criminal justice system is one of the biggest factors that a court will consider. The more recent the subsequent conviction, the more effect it will have on the court’s decision. In addition, the court will look at the age of the youth offender at the time of any subsequent convictions.

What does a YRA set aside actually mean?

A YRA set aside means that the conviction is vacated and removed from a criminal record entirely and the youth offender is placed in the same position they were in prior to the conviction.

How can an attorney help me get my conviction set aside?

An attorney can assist by gathering relevant facts and evidence to show the court that a conviction should be set aside. The attorney can write a persuasive memorandum of law and attach exhibits and respond to any opposition from the government. An attorney can also prepare their client for a hearing to give them the best possible chance of success.   Contact Markham Law Firm at 240-396-4373 to set up a consultation today. 

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Decoding Parent Coordination: When Do I Need a Parent Coordinator?

Navigating the complexities of family dynamics during a divorce or separation can be emotionally challenging. Parents often find themselves facing disagreements and conflicts related to co-parenting, which can have a profound impact on their children. In Maryland, one valuable tool that can help families in such situations is the intervention of a Parent Coordinator. In this blog post, we'll explore the key indicators of when you might need a Parent Coordinator and how their expertise can make a significant difference in your co-parenting journey.

1. High-Conflict Situations:

   If your co-parenting relationship is characterized by frequent disputes, arguments, and a high level of conflict, a Parent Coordinator may be instrumental in diffusing tension and facilitating more effective communication.

2. Difficulty in Decision-Making:

   When parents find it challenging to make joint decisions regarding important aspects of their children's lives, such as education, healthcare, or extracurricular activities, a Parent Coordinator can assist in reaching agreements that are in the best interests of the children.

3. Violations of Court Orders:

   If one parent consistently fails to comply with court-ordered parenting plans, visitation schedules, or other arrangements, a Parent Coordinator can help implement these orders and ensure accountability.

4. Communication Breakdown:

   If you're experiencing a breakdown in communication with your co-parent, a Parent Coordinator can provide a neutral platform to facilitate discussions and help you find common ground. Often, having a third party be privy to communications can help dial down tensions.

5. Frequent Legal Disputes:

   If you find yourself engaged in repeated legal battles over parenting issues, it may be an indication that traditional methods are not effectively resolving conflicts. A Parent Coordinator can offer an alternative approach, potentially saving time, money and emotional energy.

6. Impact on Children:

   If the conflicts between parents are negatively affecting the well-being of the children, a Parent Coordinator can work to minimize the impact, ensuring that decisions are made with the children's best interests in mind.

If you recognize any of the signs mentioned above in your own situation, it may be time to explore the option of engaging a Parent Coordinator. By doing so, you take a proactive step toward resolving conflicts, improving communication, and creating a more stable and supportive environment for your children during a challenging time. Don't hesitate to reach out to Markham Law Firm to see if Parenting Coordination would be appropriate for your case. Contact our office at 240-396-4373 to schedule a consultation.

Navigating Family Dynamics: Understanding the Role of Parent Coordination

Family disputes and conflicts can be emotionally challenging, especially when children are involved. In Maryland and DC, the law recognizes the importance of addressing family issues in a manner that prioritizes the well-being of the children. One valuable tool in this regard is Parent Coordination. In this blog post, we'll explore what Parent Coordination is and how it can benefit families navigating the complexities of divorce or separation.

What is Parent Coordination?

Parent Coordination is a dispute resolution process designed to assist parents in resolving conflicts related to co-parenting and decision-making responsibilities. It involves the intervention of a qualified and trained professional, known as a Parent Coordinator (PC), who works with the parents to promote effective communication, collaboration, and conflict resolution.

The Role of a Parent Coordinator

A Parent Coordinator acts as a neutral third party, helping parents find common ground and make decisions in the best interests of their children. The primary goals of Parent Coordination include:

1. Conflict Resolution: The PC facilitates communication between parents, helping them address and resolve conflicts that may arise in the co-parenting process.

2. Decision-Making Assistance: When parents are unable to reach an agreement on certain issues, the PC assists them in making decisions such as everyday parenting decisions, vacation schedules, and many other matters concerning the children.

3. Education and Guidance: Parent Coordinators provide parents with information and guidance on effective communication strategies, child development, and parenting skills.

4. Implementation of Court Orders: A Parent Coordinator is not a judge. However, in some cases, Parent Coordinators can assist in the logistics of Court Order compliance and provide accountability by monitoring or participating in party communications.

Benefits of Parent Coordination

1. Reduced Conflict: By providing a structured and neutral environment for communication, Parent Coordination helps reduce conflict between parents, creating a more stable and supportive environment for children.

2. Faster Resolutions: Parent Coordination can expedite the resolution of disputes, preventing prolonged legal battles and minimizing the negative impact on children.

3. Customized Solutions: Parent Coordinators work with parents to create personalized solutions that meet the unique needs of the family, fostering a sense of ownership and cooperation.

4. Improved Communication: The process promotes healthier communication between parents, enhancing their ability to co-parent effectively and make joint decisions for the well-being of their children.

Parent Coordination is a valuable resource for families facing challenges related to divorce or separation. By engaging in this dispute resolution process, parents can work together to create a more positive and stable environment for their children. If you find yourself in the midst of a family dispute, consider exploring Parent Coordination as a proactive and child-focused approach to resolving conflicts and building a co-parenting relationship that supports the best interests of your children. Contact our office at 240-396-4373 to schedule a consultation.

QDRO Corner: FERS Annuity Supplement – MSPB Decision!

The MSPB is the Merit System Protection Board. It is a quasi-judicial agency existing within the executive branch of the federal government. One of its tasks is to review the “significant actions of the Office of Personnel Management.” The Office of Personnel Management (OPM) is the administrator of the Federal Employees’ Retirement System (FERS).

A part of the FERS pension is the Annuity Supplement. This is a benefit paid to certain employees upon their retirement and is meant to act as an early social security payment to encourage these employees to retire early. Such employees this applies to are law enforcement, air traffic controllers, firefighters, and the like. This Annuity Supplement is paid between the person’s retirement and age 62 when the full payment from the FERS pension is paid.

Within the regulations governing the administration of FERS, there are sections describing how to divide each element of FERS. The provision regarding the Annuity Supplement says that it would be treated (for the purpose of any court order) in the same way the employee annuity is treated. OPM had initially understood this language to mean that if the annuity supplement was not explicitly divided within the court order (as is required for the division of the employee annuity), then it would not be divided.

Around 2016, OPM changed its interpretation and decided it would divide a retired employee’s Annuity Supplement, and that such division would apply retroactively even if the court order was silent on the matter. As such, OPM would be treating the Annuity Supplement the same as the employee annuity by dividing it in the same manner that the employee annuity is divided. The reason for this was to create continuity between FERS and its predecessor plan, the Civil Service Retirement System (CSRS). Under CSRS participants did not pay into social security, so the benefit under CSRS is larger than under FERS because CSRS was designed to include the social security benefit. Since the Annuity Supplement is an approximation of a social security payment but to certain FERS participants, OPM believed it needed to correct its approach.

This decision caused a change to a great many retiree’s benefit payments. Not only would the people receiving the Annuity Supplement have to divide those funds, but their benefits were further reduced to pay the amount of the Annuity Supplement that their former spouse should have been receiving since the employee retired.

One affected retiree appealed OPM’s decision to divide his Annuity Supplement and to retroactively adjust the payments to his former spouse in 2018. Due to a lack of quorum on the MSPB, the case had been sitting until its decision in November 2023.

The MSPB decided that OPM’s original treatment of the Annuity Supplement, i.e.: as a separate element of the FERS plan that must specifically be divided was the correct interpretation. As such, any payments that OPM adjusted during the period 2016 through the MSPB’s decision in 2023 must be reversed.

The MSPB’s analysis explains that the language of the regulations requires the treatment of the two elements under the court order to be the same. The treatment is first whether the part of the plan is divided. Second, if it is divided, how is the former spouse’s share to be calculated. The regulations do not require that the two pieces, specifically the Annuity Supplement and the employee annuity, be calculated in the same manner. More importantly, also, that OPM’s justification that the FERS and CSRS plans should have continuity in these areas was unsupported. The fact that they are different plans and interact with social security differently inherently means that the two plans should be different in their administration.

What does this mean for the attorney handling a divorce that includes a FERS pension?

As per usual, be specific. First, does the annuity supplement even apply? If the federal government employee’s job is nothing like law enforcement, air traffic control, or firefighter, chances are they are not even eligible for the benefit. If they are eligible though, be clear, and award the former spouse a share if that’s what the parties agree. Make sure the award is in the parties’ agreement and the court order dividing the FERS pension. Notably, OPM will not double-check the parties’ agreement to make sure everything made it into the FERS Order. However, OPM can reject the order if additional awards are made in the court order that are not included in the agreement or divorce decree.

If you represent a client and federal government retirement benefits are at issue, contact us at 240-396-4373 can schedule a consultation with us to discuss the benefits, how they are accrued, what can be divided, and how long the division process takes.

How is a Parent Coordinator different than a Mediator?

If you are engaged in any sort of parenting or custody dispute, you may have heard the terms "Parent Coordination" and "Mediation" but you may not understand the difference between these important roles. A parent coordinator and a mediator serve similar but different roles in the context of resolving conflicts, particularly within co-parenting situations:

What is the role of a Parent Coordinator?

1. A parent coordinator is typically appointed by the court or agreed upon by both parties involved in a custody dispute.

2. Their primary role is to assist parents in implementing and adhering to their parenting plan or custody agreement.

3. They sometimes have the authority to make decisions or recommendations regarding specific issues, such as visitation schedules or communication between parents, particularly when there is ongoing conflict, depending on the scope of their appointment.

4. Parent coordinators may have a background in law, psychology, or social work, and they usually have specialized training in conflict resolution and family dynamics.

5. A Parent Coordinator is typically engaged not to help resolve a specific dispute but in an ongoing manner to assist in long-term relationship building and dispute resolution.

6. A Parent Coordinator may or may not memorialize agreements in the form of an email or memorandum of understanding.

What is the role of a Mediator?

1. A mediator is a neutral third party who facilitates communication and negotiation between disputing parties with the goal of reaching a mutually acceptable agreement.

2. Mediation is sometimes voluntary and sometimes court-ordered, and both parties must agree to participate.

3. Unlike a parent coordinator, a mediator never has decision-making authority. Instead, they help the parties explore options, identify common ground, and work towards a resolution that results in a signed written agreement. There are no verbal agreements or "recommendations" that result from mediation. An agreement is only reached if an agreement is signed.

4. Mediators may have backgrounds in law, psychology, social work, or other fields related to conflict resolution, and they are trained in techniques to foster constructive dialogue and problem-solving.

5. A mediator typically serves in the role for a very limited time to resolve a specific dispute. They are not engaged in an ongoing manner.

In summary, while both a parent coordinator and a mediator work towards resolving conflicts, they are different and serve specific roles. You may benefit from one or both in your case. If you believe you could benefit from one or the other, feel free to contact our office at 240-396-4373 today to schedule a consultation.

Choosing the Right Divorce Mediator

Divorce is a challenging life transition, but it doesn't have to be defined by conflict and animosity. For many couples, mediation offers a more peaceful and collaborative way to to move forward. However, selecting the right mediator can feel confusing. In this blog post, we'll explore the key factors to consider when choosing a divorce mediator to ensure that they are the best fit for your unique needs.

1. Credentials and Training: When evaluating potential mediators, it's essential to consider their training and years of experience. Look for mediators who have a specialty in family law and ample years of experience in the field. In addition, some mediators have a social work background, some are attorneys and some are neither. Consider what is best for your situation.

2. Mediation Style and Approach: Mediators employ various styles and approaches. Some may take a more Facilitative approach, focusing on fostering open communication and guiding parties towards mutually acceptable solutions. Others may adopt a more Evaluative approach, offering insights and recommendations based on their legal or financial expertise. Finally, some have a Transformative style, meaning they are seeking to improve the communication or relationship between the parties as a goal of the process. Consider which mediation style resonates with your preferences and goals for the process.

3. Compatibility and Rapport: The success of mediation often hinges on the rapport between the parties and the mediator. Take the time to meet with potential mediators for an initial discussion to assess their personality, communication style, and ability to establish trust and rapport. A mediator who listens attentively, demonstrates empathy, and fosters a collaborative atmosphere can significantly enhance the mediation experience.

4. Expertise and Specialization: Depending on the complexity of your divorce, you may benefit from working with a mediator who has expertise or specialization in certain areas, such as complex financial matters, small business, pensions, or child custody issues. Consider whether the mediator has the necessary knowledge and experience to address the specific issues relevant to your case effectively.

5. Fees and Cost Structure: Understand the mediator's fee structure and how they charge for their services. Some mediators charge an hourly rate, while others may offer flat fees or packages for specific services. Additionally, inquire about any additional costs, such as administrative fees or charges for document preparation. It's essential to ensure that the mediator's fees are reasonable and align with your budget.

Choosing the right divorce mediator is an important decision that can impact the outcome of your divorce process. By considering factors such as credentials, mediation style, compatibility, expertise, fees, and references, you can identify a mediator who is the best fit for your needs and preferences. We are here to help. Contact our office at 240-396-4373 today.

Do I need a lawyer to attend mediation?

Divorce can be a challenging and emotionally charged process, but it doesn't always have to be adversarial. Many couples choose mediation as a way to navigate their divorce with less conflict and expense. However, one common question that arises is whether hiring a lawyer is necessary when opting for divorce mediation. In this blog post, we'll explore the role of lawyers in divorce mediation and help you decide whether you need one.

Understanding Divorce Mediation:

Before diving into the role of lawyers, let's briefly discuss what divorce mediation entails. Mediation is a form of alternative dispute resolution where a neutral third party, known as a mediator, helps divorcing couples negotiate and reach agreements on issues such as property division, child custody, and spousal support. The mediator makes no decisions; mediation empowers couples to make their own decisions with the guidance of the mediator.

Optional Representation: In divorce mediation, hiring a lawyer is optional. While some individuals choose to have legal representation throughout the mediation process, others may opt to proceed without lawyers. Whether or not you need a lawyer often depends on your specific circumstances, including the complexity of your assets, the level of conflict between you and your spouse, and your comfort level with negotiating on your own behalf. Some mediators will only mediate with both parties proceeding without attorneys, or both proceeding with attorneys.

Receiving Legal Advice: One of the primary reasons people choose to have a lawyer during mediation is to receive legal advice in real time. A lawyer can help you understand your rights and obligations under the law, evaluate proposed agreements, and ensure that your interests are protected before the negotiation proceeds in the wrong direction. If you attend mediation before receiving legal advice, you may discuss or entertain options in mediation that are not in your best interest.

Reviewing Agreements: Even if you choose not to have a lawyer actively participate in mediation sessions, you may still benefit from having a lawyer review any agreements reached during mediation before finalizing them. This step can help ensure that the agreement is fair, legally enforceable, and in your best interests. Additionally, a lawyer can provide valuable insights into potential long-term implications that you may not have considered and make sure the agreement is written accurately.

Enhanced Communication: Lawyers can also play a role in facilitating communication between parties during mediation. If tensions are high or communication breakdowns occur, having legal representation can help keep discussions productive and focused on reaching mutually acceptable solutions. Having an attorney who can maintain a level head and not be emotional can be very helpful.

Ultimately, whether you need a lawyer for divorce mediation depends on your individual circumstances and preferences. Here are some factors to consider:

1. Complexity of Issues: If your divorce involves complex financial assets, business interests, or contentious child custody matters, having legal representation may be beneficial to ensure that your rights are protected and that you reach a fair and equitable resolution.

2. Level of Conflict: If you and your spouse are on relatively amicable terms and are committed to working together to reach agreements, you may feel comfortable proceeding with mediation without lawyers. However, if there is significant conflict or distrust between you and your spouse, or if you are intimidated by your spouse, having legal guidance can provide added peace of mind and help navigate challenging negotiations.

3. Personal Comfort: Some individuals prefer to have a lawyer by their side throughout the mediation process for added support and reassurance. Others may feel confident in representing themselves or may prefer to work directly with the mediator without involving lawyers.

In conclusion, while hiring a lawyer is not required to attend divorce mediation, it can be a valuable resource. We strongly recommend consulting with an attorney prior to initiating any process, including mediation, to decide whether or not you want to retain an attorney and if so, when. Contact our office at 240-396-4373 to schedule a consultation today. 

What Benefits Are There To Domestic Partnerships in Maryland versus DC?

A formalized relationship between two people can have many benefits, including emotional reliance, relational stability, and shared responsibilities. These days, many people wish to have these benefits without necessarily entering into a marriage that can expose a person to significant legal and financial obligations. Forming a Domestic Partnership can provide all these advantages without the co-mingling of finances and other assets. Unfortunately, not all states recognize domestic partnerships, but the states that do can grant significant benefits to couples. While each state grants different benefits for domestic partners, some examples of benefits include inheritance rights, estate planning perks, access to your partner’s health insurance, and/or hospital visitation access.

How do I file for a Domestic Partnership in Maryland or Washington, DC?

In Maryland, filing for a domestic partnership must be done with the Register of Wills in the jurisdiction where the couple resides. The form that must be filled out is called a “Declaration of Domestic Partnership” and the filing fee is $25.

In DC, applicants for domestic partnerships must file their domestic partner registration form with the Vital Records Division of the DC Department of Health and the fee is $45.

The requirements for who can file for domestic partnership also vary by state.

In Maryland, the individuals filing must both be over the age of 18 years, be the sole partner of the other person, not married, and be in a committed relationship.

In DC, individuals filing must also be 18 years old, have the requisite competency to contract, remain unmarried, and not be in another domestic partnership. DC also requires that the partners sign an affidavit providing that they live in the same permanent residence. This is solely a requirement for DC; Maryland does not require joint residency.

When considering whether to file for a domestic partnership with your loved one, it is important to understand what advantages you will, and will not, receive as a couple.

In Maryland, the main benefit a domestic partner receives is “spousal” treatment if their partner dies without a Last Will and Testament. This means that the surviving partner will have priority to serve as Personal Representative of the estate, will be entitled to the $10,000 spousal allowance, and will have the same inheritance rights that a surviving spouse would.

In DC, domestic partners retain mutual visitation rights in hospitals and nursing homes and if one of the partners works for the DC government, they obtain eligibility for joint health insurance coverage. Domestic Partners who live in DC also get spousal privileges when it comes to inheritance rights. Specifically, if a domestic partner dies without a will, the surviving party will have inheritance rights to the remaining estate. Additionally, if a surviving spouse was dependent on the deceased spouse, the survivor may elect an allowance during the period of administration.

There are specific rules when it comes to the dissolution of a domestic partnership.

In Maryland, there are certain grounds for dissolving a domestic partnership. These include mutual consent, termination by one party, termination due to abandonment, marriage, or death. To dissolve, the partner(s) must elect a ground for dissolution and file and sign a “Declaration of Termination of Domestic Partnership” form with the Register of Wills. Unlike divorce, this form can be filed with only one of the partners’ consent. Absent abandonment, marriage, or death, the filing will take up to six months to go into effect.

In DC, there are no specific grounds for termination. Instead, to terminate a domestic partnership, one or both parties must make an appointment in the DC Vital Records Office and file for termination. Recognition of the termination will take about 6 months unless the partners marry or there is abandonment by one of the parties. If that is the case, the dissolution of the partnership will go into effect immediately.

Do I need a legal agreement for my Domestic Partnership?

In addition to the simple registration and dissolution process set forth above, however, a couple forming a Domestic Partnership should consider entering into a more detailed legal agreement that sets forth what their rights and responsibilities will be to each other.  These contracts can set forth each party’s expected contributions towards household expenses, maintaining a minimum amount of life insurance for each other, and clearly outlining which assets belong to the parties jointly versus individually.  They can include provisions about confidentiality, and require mediation in the event of a dispute when a separation is being contemplated.  These contracts also address how much notice needs to be provided to the other in the event of a split, and who will take over the responsibility of a joint lease or mortgage when one party moves out.      

Overall, when considering if a domestic partnership is right for you, it is important to obtain legal advice from an experienced family law attorney who can help you understand all the logistical and beneficial aspects of forming this union.  Contact our office at 240-396-4373 to schedule a consultation to make sure you cover all your bases.