Every family is unique, and Malech Law approaches each family law matter with care and compassion. However, when it comes to divorce, there are some situations that involve factors that can be costly and heartbreaking if they are not handled with expertise, professionalism, and care. For different reasons, the following three situations call for particular care when contemplating a divorce.
- High-Net-Worth Divorce
No end of a relationship happens without some strong emotions, but adding money into the mix makes matters even more volatile. High net worth couples rarely have a simple financial situation, and even if the divorce is relatively harmonious, there are a number of complicated issues to consider including:
- Identifying separate and marital property (especially without a prenuptial agreement)
- Calculating equitable rights to specific assets
- Determining how to divide complex assets
- Complying with tax law and other possible regulations to minimize the transactional cost of property division
When a high-net-worth divorce is not amicable, tracing assets that the other spouse seeks to hide can be an issue as well. To make sure that both parties are treated fairly, and assets are divided, liquidated, or distributed fairly, an experienced family law attorney will assemble a team of financial experts to advise on the best path forward.
- Same-Sex Divorce
While marriage equality has been the law of the US since 2015, and the law in Maryland since 2013, divorce between couples of the same sex can present some unique challenges. For example, a couple who has been together for longer than marriage has been legal may have held a ceremony that has a legal impact on the divorce. Questions of pre-martial joint asset accumulation can also be complicated elements in a same-sex divorce. Finally, when there are children involved, questions of legal and physical custody can sometimes be hotly disputed, relying on homophobic positions to attempt to deny a non-biological parent their rights. Finally, while the courts may have a mandate to acknowledge and respect same sex couples, prejudice and bias may crop up, and it takes an experienced family law litigator to handle these issues if they arise.
- High Conflict Divorce
In situations where intense acrimony or domestic abuse are present, extra steps need to be taken to protect safety as well as other interests. Since divorce can be stressful, it can bring out the worst in people. When one of the parties is already behaving badly, seeking a divorce can flip them into overdrive. They may seek to retaliate either physically or by attempting to hide assets. Having a plan in place to address misbehavior by the other spouse includes anticipating the many ways that they might act out, and knowing how to effectively counter these maneuvers. It’s rare that bad actors come up with novel methods, so an experienced divorce attorney can be invaluable in offering their expertise to handle the difficulties thrown into the mix by the other spouse.
The Law Offices of Lloyd A. Malech are located in downtown Bethesda, Maryland. For more than 25 years, Mr. Malech has provided aggressive and effective representation for his clients in Maryland and the District of Columbia. He has been honored with the Lawyers of Distinction Award Recognizing Excellence in the Area of Divorce and Family Law for the past three consecutive years. He has also been recognized as one of 2021’s Maryland’s 10 Best Attorneys in the area of Client Satisfaction as published by the American Institute of Family Law Attorneys. Please Visit Malechlaw.com or call (202) 441-2107