Divorce (or the dissolution of marriage) is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties (unlike annulment which declares the marriage null and void). Divorce laws vary considerably around the world but in most places, including Maryland, divorce procedures require the sanction of a court or other authority in a legal process.

Divorce Rates in America

For the past decade, the overall American divorce rate has remained stable, at around 50% for first marriages. The statistics become more depressing for each successive marriage, with 65% of second marriages ending in divorce and even higher rates for third marriages and beyond.  Divorce rate statistics also show that 3.6 to 5% of marriages are ending every year, cumulating in a large portion of adults who have personally experienced divorce at some point in their lives, and many are experiencing it each year.

More statistics about divorce:

• The divorce rate in 2010 was 3.6 per 1,000 of the total population, down from 4.0 in 2000.
• The marriage rate in 2010 was 6.8 per 1,000 of the total population, which was also down from 8.2 in 2000.
• The state with the highest reported divorce rate was Nevada, at 5.9 (per 1,000).  But this was significantly lower than ten years ago, when the state’s rate was 9.9 (per 1,000).
• The state with the lowest reported divorce rate was Iowa, at 2.4 (per 1,000).  This was lower than 2000, when their divorce rate was 3.3 (per 1,000)
• 43.7% of custodial mothers and 56.2% of custodial fathers were either separated or divorced. And in 2002, 7.8 million Americans paid about $40 billion in child and/or spousal support.

Divorce Rates in Maryland – Surprisingly Low!

Maryland and Washington, D.C., as it turns out, are two places in the nation where divorce is relatively low!  According to the statistics, the average divorce rate in the United States is 3.6 divorces per year for every thousand people. In Maryland and Washington, D.C., the rate is both only 2.8.  In Maryland, the rate has been steadily falling since 2000, where the rate was 3.3.  Washington, D.C.’s rate however has fluctuated, seeing rates as low as 1.7 in 2007 and 1.8 in 2004.

Today’s Divorce Process

Divorcing, of course, is rarely a pleasant prospect for the parties involved. Thanks to modernizing legislation in the past few decades, however, couples in Maryland that do choose to divorce have more options than ever before, allowing those who wish to do it amicably to be able to move through the process quickly as possible.  On the other hand, there are also laws to ensure that neither party is taken advantage of in the event that the divorce becomes highly contested.  With a solid understanding of the law, navigating the court system during a divorce does not have to be any more stressful than the actual divorce already is.

The traditional contested, court-based divorce process can be time-consuming and often very costly for both husband and wife.  However, couples can choose to go the route of uncontested divorce or no fault divorce . This provides a cooperative process in which the spouses, with the help of a mediation attorney, work together to settle issues such as who will get the house, how will child custody be arranged, and what kind of alimony or child support will be included in the divorce settlement.

Implementing positive steps before you finally decide to take the big leap into divorce proceedings can help save you and your spouse time, effort, and a lot of stress in the long run. Additionally, knowing what steps to take and how to handle the matter in a responsible and considerate fashion will help prepare you both mentally and physically for the upcoming months.

Here are 10 proactive steps you can take to make the process less stressful:

1.Mutuality in the decision to divorce. Perhaps the most common source of conflict in a divorce is when both spouses haveNOT agreed to the divorce. Ideally, the decision is arrived at together or at least accepted by both of you. Unless you are intend to plan a surprise attack or sudden departure (which is a good way to start a war, not a divorce), take time to work on mutual acceptance of the divorce before making any drastic changes.

2.Have sensitive mail sent somewhere private. Seeing your spouse’s attempts to sign up for a new credit card or rent an apartment, or correspondences from his or her attorney would stir up emotion in anyone.  Save both of you the extra pain and stress by having your mail sent to your office, a friend’s address, or get a mailbox at a local mail service center that allows 24 hour access.

3.Knowledge is power. Much of the divorce process is dividing up property and deciding who gets what.  Know ahead of time where you and your spouse have bank accounts, life insurance policies, mutual funds, certificates of deposit, any other instruments of finance, and important documents such as social security cards,passports, birth and stock certificates, the details of pensions, 401 (k) accounts, and other employee benefits. Know the location of and have access to safe deposit boxes.  The quicker you can each provide the necessary documentation, the quicker the process will go.

4.Records. Along with knowing where the above documents are, having your own copies of everything will prevent having to request such documents directly from your spouse in order to proceed in your case and allow your attorney to inspect them. While you have the chance, make photocopies of every family financial record you can find.  If you used one, visit the family accountant and get copies of tax returns and records for the past several years.

5.Open a bank account in your name. As much as you may try to keep a divorce amicable, inevitably there will be disagreements about what to do with your financial assets.  Both parties may feel entitled to joint bank accounts, and it only takes one party to clear out an account, leaving the other party without enough funds to pay the bills.  Prevent this possibility by opening an account in your name, and do not deposit any more of your own money into a joint account, even if you transfer that into your own name.

6.Start building new credit. If you have been married for a long time, your credit score is likely based nearly entirely on all jointly held accounts. It is a good idea to start establishing credit in your own name, so apply for a credit card in your name only and start using it.  You may need to take on some extra expenses, such as buying new furniture or getting a new cellphone, so a credit card will also help you take on these extra costs.  Don’t be surprised if a spouse petitions for joint accounts to be frozen, pending equitable distribution in a divorce, so having your own credit card ready to go will prevent compounding stress brought on by this move.  It is a good idea to cancel all jointly held credit cards as soon as separation takes place to prevent disagreements about who is responsible for the credit card debt accumulated after the separation, but make sure that you alert your spouse if you intend to make changes to the credit card to prevent unnecessary fighting.

7.Pay as many bills as possible. Prior to separation, pay as many bills as possible.  If you and your spouse end up disagreeing over who should pay what bill, you both could end up with bad credit or one of you could end up living in a dark house. Pay bills ahead of time so that you don’t have to worry about it later.

8.Social Security. Request a personal earnings and benefits statement (PEBES FORM SSA-7004) for yourself and one for your spouse from the Social Security Administration.  One day you might be able to collect on your spouse’s record, but after divorce you may not be able to access the information. Protect yourself and get the information which you can.

9.Safeguard heirlooms and liquid assets. Seek appraisals for artwork, antiques, and other collectibles. Be certain that your name is recorded on the house deed or apartment lease prior to separation and the filing of divorce. Make sure you revoke any powers of attorney your spouse may have and ask brokerage firms to check for identification before your name is signed to anything

10.Look after your health-care needs. If your health insurance is based on a family plan, make sure you visit your doctor for a routine checkup, annual OB/GYN exam, vision testing, or dental cleaning and x-rays. Most insurance policies will remain intact for a few months during divorce proceedings, but then you may have to obtain your own insurance plan after the divorce is finalized.  This may mean having to find new doctors, higher co-pays, and higher premiums, so take advantage of your coverage while you have it.

However you decide to proceed, we hope you do so in a way which will allow the process of getting a divorce to run as smoothly as possible.  If you are in doubt about taking on these steps on your own or require further information regarding family law in Maryland including divorce, please contact one of our local, professional attorneys who will be more than happy to offer further advice or information.  We have experience in both uncontested and contested divorces, and take pride in being both your ally and advocate throughout your divorce proceedings.

Traditionally, our society has tried to reward the institution of marriage with social and financial benefits designed to reward people for staying together.  And while many families benefit from things like insurance and mortgage guidelines, when it comes to paying taxes they often find this is not the case.

The marriage “penalty” refers to the situation where some married couples actually pay higher taxes than their single counterparts. When spouses are making similar incomes and file one joint tax return, they will likely pay more taxes than if they were unmarried and filed as singles. The number of couples who are subject to the penalty varies as tax rates have varied over the years.

How it works

The root of this problem is the progressive tax structure. Earners with higher incomes pay a higher rate in taxes. So when incomes are joined, they fall into a higher tax bracket. The tax system cannot contain all three features: joint filing for married couples, a progressive tax structure, and separating a couple’s tax bill from their marital status.  Income averaging can be advantageous to a couple.

As an example, if one member of a couple makes $80,000 and the other $20,000, they will pay less tax if they can file as if both made $50,000 and filed on their own income. In this case, the joint filing rate is designed to give that couple a tax break over filing separately. They have an advantage in being married.

Before 1969, that couple filing jointly was advantageous to a married couple with different incomes. However, starting in 1969, the USA adopted a higher set of tax brackets for the averaged income of a married couple. Under the new rates, the couple may still benefit with a stat-at-home spouse. But a couple with about equal incomes will pay more than if they filed separately as single people.

Where does this leave you?

Congress has eliminated much of the tax penalty through legislation that was due to expire in 2011, but that tax relief benefit has been temporarily extended.  In fact, in today’s economy you even see semi-serious blog posts about whether or not it makes sense to actually get legally divorced just to avoid this marriage penalty.  And while no one is seriously advocating this, it does bring light to the fact that this additional tax problem is a serious problem for many married couples.

For as much press coverage as high-profile, hotly-contested divorce cases get in the media, the surprising fact is that the majority of divorces in America end quietly in uncontested divorces.  Simple and inexpensive, this option allows spouses to end their marriage with dignity and without all the stress and expense of a drawn out legal battle.

Basics of uncontested divorce

In an uncontested divorce, the two parties agree to the fundamentals of the divorce, allowing the matter to be settled in court with or without the assistance of a divorce attorney.  However, having legal counsel is always a good idea in any divorce situation, and fortunately the average legal fees for uncontested divorce attorneys are significantly lower than for traditional, contested divorce proceedings, largely because the amount of time and preparation is much lower when there are no issues in contention.

When the parties have reached a fair and equitable agreement, the divorce is almost guaranteed to be approved by the court.  This means that discussions between the parties can remain amicable and non-adversarial, as the court does not need to oversee all stages of negotiation.  Simple divorces are usually inexpensive and collaborative, utilizing mediation services, which still being considered uncontested.  Sometimes, however, the court may have to step in when disputes over property or child custody take too long to reach an agreement.

Uncontested Divorces in Maryland

To file for divorce in Maryland, one of the spouses must have lived in Maryland for a least a year if the grounds for divorce occurred outside of Maryland. However, if the grounds for divorce arose in Maryland, either spouse may file in the court in the court where either spouse lives. Residency and time requirements may vary depending on the grounds for divorce and where each spouse lives, so consulting with Law Firm of Annapolis may be necessary to determine where and when, you can file for divorce.

Common no-fault grounds for divorce in Maryland include, 1) a one-year voluntary and mutual separation “without interruption and cohabitation and there is no reasonable expectation of reconciliation,” or 2) a two-year separation “without cohabitation or sexual relations.”

No Fault Divorces

Uncontested divorces are often no-fault divorces, which require no showing of wrong doing by either party to proceed with the divorce and dissolution of the marriage. Also, there are no evidentiary proceedings.

While uncontested and no-fault divorces have made divorce much easier in America than the historical precedent, there are still many rules and laws that are meant to protect divorcing parties, so speaking with a divorce attorney before proceeding is still in your best interest.

The latest innovation in employment immigration law by the Federal Government  immigration law is the free program run by the Federal government called E-Verify (also known as Self Check), an internet based system designed to give workers online access to their employment eligibility information before they apply for a job.  The benefit is that workers can correct any issues or errors in their eligibility status prior to a problem arising, thus saving time and paperwork along the way.  But as with any automated online system, fraud has become a major concern for workers, employers, and the government.

The E-Verify program began in 1997 as a pilot program along with several other programs that tried to prevent undocumented aliens from being hired.  The E-Verify program is now operated by the Department of Homeland Security and the Social Security Administration.  Several states require it for certain state agencies, but employers across the nation can voluntarily participate.  Currently, more than 240,000 employers use E-Verify, with more than 1,400 new employers being added every week.

How E-Verify Self Check Works

The online system compares an employee’s Employment Eligibility Verification Form I-9 to data contained in United States government records. When the information matches, the employee is eligible to work in the United States. When there is a non-match, E-Verify Self Check notifies the employer or employee (depending on who submitted the check), and the employee is allowed to work temporarily until the issue is resolved.  The employee must contact the correct agency within eight days to address the problem.

Use of E-Verify

Since 2007, all Federal agencies have been required to use the system, and several state governments require it now as well. However, participation in E-Verify is still voluntary for most employers. One noted controversy is that since some states are beginning to require employers to use E-Verify, employment practices will vary from state to state.

However, if you wish to use E-Verify, when an employee is hired, a Form I-9 must be completed. The information from this Form is then entered into E-Verify, where it is compared against millions of government records to confirm eligibility for employment. Since 2007, biometric data has also been used in the program, and the Federal government has been considering cross referencing states driver’s license records as further checks on eligibility status.

There are several ways foreign workers can obtain permission to work in the United States, such as through practical training programs for students and workers, including the H-1B Visa program.

Fraud concerns with E-Verify

A major controversy arose when states, such as Arizona, passed laws requiring all employers state-wide to use E-Verify for all employees.  Many disapprove, noting that there are still fraud concerns that should be addressed before requiring all employers to participate in E-Verify.  A December 2010 study by the Government Accountability Office confirmed that the program is susceptible to identity fraud due to internal problems, as well as the ability for employees to borrow or even steal legitimate documents from others and mistakenly be confirmed as eligible to work.

To learn more about immigration law and E-Verify Self Check, contact The Law Firm of Annapolis. We provide immigration law services in the Annapolis and Baltimore, Maryland areas.

Faced with growing frustration over the management of immigration laws and enforcement at the federal level, individual states have begun a very controversial process of passing their own immigration laws at the state level.   Immigration has always been considered an issue to solely be addressed at the federal level, but this rash of newly enacted state laws has brought this discussion to the political arena across the United States.  In this article, we will take a closer look at the states that have already passed their own immigration laws.

Arizona is the first to act with SB 1070

It’s no secret that Arizona, with its border to Mexico, has a vested interest in the status of immigration laws and enforcement.  Arizona also faces a well documented problem of illegal immigrants living in the state, with estimates of as many as 500,000 currently residing there (a 10 fold increase since 1990).  As such, it should be no surprise that Arizona was the first state to pass its own immigration law.  The Support Our Law Enforcement and Safe Neighborhoods Act (Arizona SB 1070) was passed into law in Arizona in 2010 and signed by the governor. By most accounts, the act was the strictest and broadest anti-immigration measure passed in America in recent history.

The Arizona immigration enforcement law has several key provisions:

• It makes it a state misdemeanor crime for an alien to be in Arizona without carrying documentation established legal residency
• It requires that state law enforcement officers attempt to determine an individual’s immigration status during a lawful stop, detention, or arrest when there is reason to believe that the individual is an illegal alien
• It establishes greater restrictions on those transporting, sheltering, or hiring illegal aliens
• It bars state or local officials from restricting enforcement of federal immigration laws

While the law had support in Arizona and throughout the United States, critics contend that the law encourages and permits racial profiling.  Legal challenges, including one by the United States Department of Justice followed based.

Alabama follows suit

Alabama passed its version of the Arizona law in 2011.  Some of the features of the Alabama law that are similar to Arizona include the provisions regarding business licensing and E-verify, which both were upheld in Arizona.

While a Federal judge has refused to block some provisions of the Alabama law, representatives of family and children’s advocacy groups claim the law is an attack on immigrant children and families.  Just this past week (October 7, 2011) the Obama Administration has officially asked an appeals court to halt the Alabama immigration law, saying it could have dire diplomatic consequences abroad, as it invites discrimination and forces illegal immigrants into neighboring states.

Georgia & South Carolina come next

Georgia and South Carolina have also passed their own immigration laws in 2011.  However, a Federal judge has already stepped in with the Georgia controversy to block some key provisions of the law. However, most of the law has still gone into effect, pending further legal challenges.

More Changes to Come

There is no doubt that, given this trend, more lawsuits and legal battles are soon to come regarding the issue of states passing immigration enforcement laws.  Some immigration experts believe that these local, state laws actually exacerbate immigration enforcement problems by confusing the legal issues surrounding undocumented aliens within one state.  On the other hand, state officials claim they have no choice but pass their own laws as a result of the Federal government’s failure to address the country’s growing immigration controversies.

For more information about immigration laws as they are enforced in Maryland, contact The Law Firm of Annapolis. We provide immigration law services in the Annapolis & Baltimore, Maryland area, including E-verify compliance and concerns

The H-2A and H-2B Visa Programs set the guidelines for those individuals seeking non-immigrant, or temporary worker status in the United States. The H-2A program grants U.S. employers permission to bring foreign workers into the United States to work in temporary agricultural jobs. The H-2B program serves the same purpose, but for temporary non-agricultural jobs. To facilitate these programs the U.S. Citizenship and Immigration Services department only allows nationals from countries approved by the Secretary of Homeland Security to participate in these programs. In 2011, a new list of countries approved for these programs for the following year was announced.

Approved Countries

As of January 18, 2011, the following list of countries was approved, and nationals from these countries are allowed to participate in the program:

Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu.

Of these countries, the following were designated for the first time this year:  Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

The Department of Homeland Security and the Department of State excluded Indonesia from this list, rescinding their prior approval for participation in the program.

Special Approval

If a person currently holds a valid H-2A or H-2B visa, this new list does not affect their status. Individuals from countries not on the approved lists may be admitted under the visa programs, but only if the Secretary of Homeland Security determines that it is in the best interest of the United States.

The Law Firm of Annapolis provides immigration law services in the Annapolis & Baltimore, Maryland area.  If you have questions about the H-2A or H-2B program, or any other visa or immigration related questions, please contact us today and one of our immigration attorneys will be happy to discuss what options you may have to apply for a visa.

A U.S. District Court Judge in California recently held that the federal government must provide representation for mentally disabled immigrants in removal proceedings.  U.S. citizens have been entitled to the right to representation to be provided for by the government under the 6th amendment of the Constituion, but this protection has been held to not apply to immigrants in removal proceedings.

However, the ACLU became involved in two cases of men with mental disabilities who were placed in removal proceedings. The ACLU argued on their behalf that without the aid of representation, the men were not able to understand the nature of their proceedings, and thus are not able to adequately argue their own cases and cannot be assured a fair hearing.

Those against providing foreign nationals in removal proceedings with representation argue that they should not be entitled to represenation paid for by the government because by the very nature of the proceedings, they are either in the country illegally or the government has a case for removing them. On the other hand, many of the rights protected under the Constitution are those relating to the criminal justice system, means it protects the rights of criminals or at least those whom the government has a case against. Thus, the argument must follow, if immigrants are treated like criminal when they are placed in removal proceedings, shouldn’t they also be guaranteed the same rights as criminals?

Based on these concepts, the U.S. District Court Judge held that in this instant, the men’s due process rights could not be protected unless they were provided with representation at the government’s expense.

Though this decision has a very limited holding and does not have any binding effect on other courts, this is an important first step towards providing immigrants in removal proceedings with additional rights.

Just as the United States has an interest in ensure people’s rights are not violated in criminal proceedings and that the innocent are not wrongfully convicted, the United States should have the same interest in ensuring that people’s rights are not violated in removal proceedings and that individuals are not wrongfully deported.

If you or someone you know are in removal proceedings, please contact us.  We can help discuss your options and ensure your rights are protected.

Unites States employers and foreign national employees have greatly benefited from the H-2A and H-2B visas programs.  Under these programs, employers can hire foreign employees on a temporary, seasonal, or intermittent basis, and foreign nationals can enter the United States to work for decent wages.  Specifically, H-2A visas are for for temporary agriculural workers, and H-2B visas are for temporary non-agricultural workers.

USCIS typically only approves petitions for nationals from designated countries, but a Federal Register notice issued on January 18, 2011 has announced the addition of 53 countries to this list, grealy expanding those who are now eligible to enter and work in the United States.  These newly designated countries include:

Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu.  Of these countries, the following were designated for the first time this year:  Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

If you are a foreign national from a designated coutry, or an employer wishing to hire foreign nationals on a temporary basis, please contact us and we would be happy to provide you with additional information to facilitate you in this process.

Law Firm of Annapolis was recently written up in What’s Up? Annapolis magazine.

The article ran under “Top Law Firm” and described the firm which was established in 1998 by Attorney Marysabel Rodriguez-Nanney. Dedicated to providing effective legal representation on the principle that each client deserves experienced and committed representation, Ms. Rodriguez-Nanney’s knowledge of immigration law and criminal defense experience gives her the tools to effectively evaluate the consequences of a case to determine the best course of action and alleviate any negative outcomes.

It goes on to say that the Firm routinely handles various and complicated immigration issues, representing individuals in removal/deportation cases.  It also works with employers who wish to bring either skilled or unskilled employees to the United States from abroad, facilitate families who want to bring their loved ones to the United States from their home countries, and help eligible clients ultimately become United States citizens.

Read the full article about Law Firm of Annapolis.