Family Law
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Family Law Overview
Rockville’s Foremost Family Law Firm a Reputable Resource for Families in Maryland and the Washington D.C. Suburbs
Advocate and Resource For Families Peace of Mind In Maryland And The Washington D.C. Suburbs
Jo Benson Fogel, P.A. is dedicated to serving clients throughout the state of Maryland and Washington, D.C. area and has helped countless families, especially in complex circumstances. With over four decades of dedicated family law experience, she is there to help clients compassionately and strategically navigate through the maze of legal procedures and forms—relentlessly working to preserve and protect meaningful family relationships while resolving their stressful and life changing family issues.
Diverse family law expertise enables us to meet
client needs
The firm’s attorney team is lauded across the state for adept family law representation. Our collective depth of professional experience allows us successfully handle an array of family law matters:
Prenuptial and Postnuptial Agreements: Countless couples looking to formalize agreements concerning assets, income, alimony, and other issues, either before or during marriage, can count on our prenuptial and postnuptial agreement expertise.
Divorce and Child Access: While divorce is never easy, having a Jo Benson Fogel, P.A. family law attorney with you during this challenging process can facilitate and expedite the resolution of issues pertaining to marital property division, child custody and visitation, and spousal support.
Divorce Order Modifications: Circumstances change after divorce, and some of these changes necessitate the modification of a divorce decree. Our Rockville post-decree modification lawyers ensure that your divorce agreement or court order reflects your current situation.
Trusted to secure the best-case outcomes through alternative dispute resolution or family court litigation
Advocating for clients in any setting is what matters most. Whether in alternative dispute resolution processes or settlement negotiations, my collective experience facilitating family case settlements is unique to you and your family needs and guarantees a level of preparation to achieve a favorable outcome.
Successfully helping you navigate your transition to help you get to a new beginning
Family law can be incredibly complex and multifaceted. These cases frequently involve legal issues that extend beyond the traditional state domestic relations statutes, including tax law, business law, child welfare, immigration law, criminal law, and analysis of financial matters. An able family law practitioner must anticipate the far-ranging issues that can arise in any given family case and must be well-versed in how best to handle these matters. Benson Fogel, P.A. brings practice-proven experience that cannot be found elsewhere.
Jo Benson Fogel, P.A. Strategic counsel and ability to successfully manage high pressure and high stakes is undeniable when it comes to family cases throughout the state of Maryland and Washington, D.C. Please call (301) 468-2288 to discuss how she can assist you.
Child Custody &
Parenting Plans
Recognized Statewide as a Trusted Resource for Families Dealing With Child Visitation Issues
Compassionate representation during the most trying times
Child custody, access, and visitation are among the most contentious aspects of divorce and separation. The process is stressful for children and parents, alike. As the premier family law firm serving Maryland suburbs and Washington, D.C., Jo Benson Fogel, P.A. has long served as a trusted resource on custody and child visitation issues. She has a deep understanding of divorce, the legal process, and the many ways in which this transition can impact children. This allows her to recommend visitation and access schedules that maintain positive and consistent relationships between parents and children.
Helping you tailor a parenting plan to the needs of your children
Transitioning from one household to two during divorce can be stressful for children. As parents, having to divide the amount of time that you see your children is very difficult. Ms. Fogel has a rare appreciation for the fundamental principles that underlie a healthy parenting plan and visitation schedule:
Your child’s emotional needs and welfare are priority over all else
Access to and time spent with both parents is essential to your child’s healthy development and future welfare
Meaningful contact and visitation time is superior to superficial visits
Visitation should be as simple and normal as possible, to establish a sense of continuity before and after the divorce
During this transitional period, it is important to remember that your behavior has a significant influence on your children’s emotional adjustment. Having a caring, trusted legal advocate on your side helps you minimize the strain of separation on your family. The Rockville-based child visitation attorneys at Jo Benson Fogel leverage more than three decades of experience helping parents develop thoughtful and thorough parenting plans. We can help you, too.
A skilled, staunch advocate for your children’s best interests
While it is incredibly important for a child to have contact with both parents after divorce, some circumstances warrant a restriction on a parent’s visitation rights:
A history of intimate partner violence
Allegations of child abuse
Serious mental health issues
Alcohol or substance abuse
When the welfare of your child is potentially at issue, we aggressively advocate for a parenting plan that protects your child’s best interests. Our custody and visitation attorneys know how to collect the evidence necessary to support your position and advocate for your family in court.
Divorce order modifications that meet the changing circumstances of your life
As children grow older their needs evolve, which may impact the viability of the visitation schedule that you and the other parent established during divorce. When changing circumstances warrant a modification of this initial agreement, we can walk you through the process of approaching the court and securing an amended visitation agreement based on changed circumstances.
Your children are the most important things in your life, and you can trust that we give child visitation and custody issues the priority they deserve. Contact call (301) 468-2288 to discuss your case with an experienced Jo Benson Fogel, P.A. family law attorney.
Family Conflict Resolution
Rockville Family Law Firm Assisting Clients Through Options for Alternative Dispute Resolution
Alternative dispute resolution expertise benefitting individuals in Rockville, Silver Spring, Potomac, Bethesda, Gaithersburg, and neighboring cities
Alternative dispute resolution (ADR) processes are becoming more and more popular as a means of resolving family law disputes. These techniques often have the benefit of being less adversarial than a trial. They also allow parties to play a greater role in dictating the terms of settlement. Participation in ADR processes, however, does not obviate the need for legal counsel.
The Rockville family law attorneys at Jo Benson Fogel, P.A. are highly skilled in representing clients in alternative dispute resolution processes. We walk you through your options, offer creative alternatives and help you select the process that is best-suited for your case and your family.
Trusted representatives during court-mandated and private mediation processes
Mediation is one of the most popular forms of ADR for divorce and family cases. In Maryland, most cases involving disputes over child custody and visitation are referred to mediation, and individuals can also elect to mediate issues pertaining to division of property and related issues. During mediation, an independent and neutral facilitator works to foster agreement between you and your spouse on disputed issues. The mediator does not serve as an advocate for either party, so it is important to have an attorney with you or advising you to serve that function. Our Rockville family law and ADR attorneys regularly represent clients in mediation, backed by decades of professional training and hands-on experience.
When is alternative dispute resolution appropriate?
While mediation and other alternative dispute resolution processes can successfully facilitate settlement in many cases, there are some situations in which it may not be appropriate:
Where there is a history or allegations of domestic violence or intimidation
If child abuse has occurred or is alleged
When your spouse is being obstructive or is otherwise unwilling to put forth effort to reach agreement
Where there is significant financial disparity between you and your spouse
When a spouse refuses to provide necessary financial and personal information
It is important that you are honest with your attorney about any issues that might impact the suitability of mediation. Through in-depth discussions of your particular case, family situation, and legal goals, our Rockville ADR attorneys can assess whether mediation is appropriate for you.
Experience and training in alternative dispute resolution not found at the average family law firm
The firm’s divorce and family law attorneys possess extensive ADR expertise. Founder Jo Benson Fogel served as chair of the Maryland State Bar Association’s Alternative Dispute Resolution and she has participated in many professional ADR training programs. Our attorneys’ extensive mediation and ADR training, from both state and national professional organizations, benefits the firm’s statewide client base.
Call our Rockville family law attorneys for uniquely developed expertise in family law alternative dispute resolution
Our family law ADR team works with you to formulate a strategy for case resolution that is tailored to your specific needs and circumstances. Contact us online or call (301) 468-2288 today to explore whether alternative dispute resolution is appropriate in your case.
Divorce & Separation
Deep expertise in transition and family court translation so that you can get to where you want to be.
Families across Maryland and the Washington D.C. suburbs have relied on Jo Benson Fogel, P.A. for focused and skilled representation during divorce and beyond.
The emotional trauma of divorce is compounded by the daunting task of assessing your legal rights and responsibilities relating to property, assets, children, and spousal support. Reaching agreement with your spouse on these issues can be an acrimonious process. Having a knowledgeable divorce attorney by your side facilitates a smoother process and ensures that you and your children are best positioned to move forward after the divorce. Families across Maryland and the Washington D.C. suburbs have relied on the reputable divorce attorneys at Jo Benson Fogel, P.A. for compassionate, skilled representation during divorce and beyond.
Rely on us to help you understand your options under Maryland divorce law
If you and your spouse are separating, there are a number of routes that you might take. In Maryland, a legal separation is sometimes called a Limited Divorce. Obtaining a Limited Divorce does not automatically lead to a final divorce, but it is possible through this process to temporarily resolve issues pertaining to custody, child support, and alimony.
Individuals wishing to obtain a final divorce must petition the court for an Absolute Divorce. There are specific grounds on which an Absolute Divorce can be obtained:
Separation for at least a year
Adultery
Desertion for at least a year
Imprisoned for a crime
Insanity
Cruelty of treatment
Excessively vicious conduct
Because it can be difficult to navigate the various procedures and accompanying legal requirements, it is wise to trust a dedicated divorce attorney to walk you through this process.
Steadfast representation during settlement negotiations and mediation
Often, the best-case scenario is to reach agreement with your spouse outside of the courtroom. Doing so can lessen the time and money you spend on the divorce, and potentially reduce the level of acrimony between you and your spouse. Reaching a settlement, however, does not mean that you must concede property, assets, or time with your children to which you are rightfully entitled. With more than three decades of collective experience negotiating divorce settlements and representing clients in mediation, our Rockville family law attorneys work tirelessly to secure a favorable final divorce agreement.
Prominent Rockville divorce and family law attorneys with renowned trial experience
While the vast majority of divorce cases settle out of court, there are exceptions. If one spouse disagrees with the alleged grounds for divorce or an agreement cannot be reached on certain issues, it may be necessary to take a divorce case to a merits trial. These trials hinge on the presentation of evidence, so it is important to be represented by a seasoned divorce attorney who frequently advocates on behalf of clients in court. Without an attorney, you risk jeopardizing important rights to property and the custody of your children.
Contact leading Rockville divorce attorneys today
Divorce is difficult, but the legal process does not have to be. With the help of a proficient divorce attorney, you will be moving forward with your life in no time. Contact Jo Benson Fogel, P.A. and let our Rockville divorce attorneys get started on your case today. Call (301) 468-2288 or contact us online.
Divorce Orders
Distinguished Rockville Divorce Order Modifications Attorneys Provide Ongoing Legal Support to Families
Ensuring your pre-divorce agreement is responsive to your needs and the needs of your family
In the months or years following a divorce, issues can arise surrounding the terms of the final divorce decree. Children’s needs evolve and employment circumstances change. In these instances, returning to court and amending the divorce order may seem onerous. With the assistance of an experienced divorce attorney, however, it is possible. The Rockville-based family law firm of Jo Benson Fogel, P.A. boasts a cadre of talented divorce order modifications attorneys who can help you bring the terms of your pre-divorce agreement in line with the reality of your current situation by further agreement or Court Order.
A forward-thinking focus to save you time and money in your divorce case
At Jo Benson Fogel, our strategy-oriented divorce attorneys handle each case with the goal of minimizing the need to seek a later modification from the court:
Fact-Checking Final Orders: Checking the accuracy of the information in a judge’s final order can go a long way in preventing mistakes and errors from being formalized contrary to the agreement. Our adept divorce and family law attorneys regularly catch and correct typos and incorrect details in final divorce decrees, saving clients substantial time and energy after the divorce.
Ensuring a Complete Understanding of the Agreement which becomes part of the Court’s Order: We work closely with you to make sure you fully understand the rights and responsibilities set out in the final divorce decree.
Trust us to secure a divorce order modification that reflects the developments in your life
Life circumstances can change quickly after divorce, and these changes often impact spousal support, custody, child support, and visitation. When an initial divorce agreement becomes unworkable, Maryland courts will consider modifying a final decree’s provisions if there has been a material change in circumstances. However, if you and your spouse do not agree to the proposed modifications, it may be necessary to present evidence and argue your case before a judge. With more than three decades of hands-on experience, our Rockville-based divorce order modifications attorneys work to obtain an amended agreement that makes the most sense given your situation.
Protecting the rights of vulnerable individuals in Montgomery, Prince Georges, and neighboring counties
It is not uncommon for some people to express a degree of dissatisfaction with the terms of their final divorce agreement. In some instances, however, the agreement is truly unfair and can be found unfair by Maryland courts. Certain circumstances leading up to the entry of the final settlement can provide grounds for revisiting the settlement:
Fraud: When one spouse intentionally misstates, misrepresents, or conceals certain key facts when entering into the agreement, the other spouse may have grounds to invalidate it.
Duress: When a spouse is forced, coerced, or threatened to enter into a divorce agreement, the terms of the settlement may be subject to modification.
Diminished Mental Capacity: Where intoxication, mental illness, or some other factor has resulted in the diminished mental capacity of a spouse, the agreement that she or he enters into may not be enforceable.
There is a complex body of Maryland family and contract law governing the invalidation of divorce agreements, and there are tight timeframes after the initial decree is entered within which an order can be reconsidered. If you suspect your divorce agreement was entered into under unfair circumstances, it is imperative that you contact a knowledgeable divorce order modifications attorney immediately.
Contact our Rockville divorce order modifications attorneys today
If your final divorce decree has become unworkable, do not wait to explore a modification. Contact the Rockville divorce attorneys at Jo Benson Fogel, P.A. by phone at (301) 468-2288 or contact us online. We can help you secure a reasonable post-decree modification that better reflects your changed circumstances.
Consultations &
Document Assistance
Assist Clients with Thorough, Comprehensive Document Preparation
Family law attorneys well-versed in the diverse, complex legal documents required by Maryland courts
The law is inherently document intense. Whether amassing paperwork necessary to move your case through the court system or preparing legal documents that formalize rights and responsibilities, the number of necessary documents can be overwhelming. The underlying laws and legal procedures can be extremely difficult to understand. A qualified Maryland family law attorney can significantly simplify an otherwise overwhelming process. The document preparation attorneys at Jo Benson Fogel, P.A. in Rockville have more than three decades of collective experience with document production in family cases, providing area families with consistent skill and support.
An unrivaled understanding of legal document preparation in diverse areas of family law
Most family law cases involve the drafting of complex, substantive legal documents:
Prenuptial and postnuptial agreements
Visitation schedules and parenting plans
Wills
Trusts
Powers of attorney
Advance directives
Guardianship agreements
In addition to the laws governing the terms of these documents, a competent attorney also must understand how these documents hold up in Maryland state courts. Without substantial practical experience an attorney can overlook or fail to anticipate key issues. Our Rockville family law and document preparation attorneys work closely with clients in Montgomery County, Prince Georges County, and neighboring areas throughout Maryland and Washington, D.C. to craft solid legal documents that hold firm through in and out of court challenges.
Jo Benson Fogel, P.A. is your go-to source for litigation in family and related cases
Even the most expertly drafted legal documents can end up at the center of a legal dispute. Whether specific terms are in question or the validity of the entire agreement is at issue, our family law litigation attorneys are skilled in advancing your position during settlement negotiations, mediations, or before a judge at trial.
We have your pretrial and trial document assembly covered
Substantive legal issues aside, there are complex logistical issues associated with family law cases. Regardless of the facts in your case, you should anticipate a substantial amount of document compilation:
Initial petitions and pleadings
Responsive pleadings
Financial statements and Marital Asset Statements
Pretrial disclosures
Discovery requests and production
Trial exhibits
Witness lists
Expert witness reports
Asset Valuations
Having a sophisticated family law document production attorney with you through the process can assist you in reducing the hassle associated with amassing the many documents required during the process. Our experienced team of Rockville attorneys routinely assists clients with complex document preparation in family litigation, and out of court resolutions.
Call our Rockville document production attorneys today
You do not have to bear the burden of document production or assembly in your family law case. Let an accomplished Maryland attorney take that on for you. Call Jo Benson Fogel, PA. at (301) 468-2288 or contact us online today.
Litigation
Seasoned Rockville Attorneys Lead Clients to the Best Possible Resolution in Family Case Litigation
Meeting the litigation needs and goals of each family law client
A trial is not usually a best-case scenario for resolution of family or trust and estate cases. However, there are circumstances in which taking a case to court is necessary, and in the best interests of a client. Individuals across Maryland and Washington D.C. trust the experienced Rockville family law attorneys at Jo Benson Fogel, P.A. to guide them through the legal process to an outcome that makes the most sense for their particular situation. If your family law matter needs to be litigated, our attorneys work tirelessly to secure a favorable resolution at trial.
A unique case management approach fostering a deeper case understanding
Most cases settle. Given this reality, many attorneys approach case preparation from the perspective of planning for settlement. Our firm has a different approach. From the very first time we meet with you, we begin preparing your case for trial. The benefits of this approach are broad and deep:
Facilitates a more complete understanding of your situation, needs, and goals
Allows us to thoroughly anticipate all potential issues and disputes
Provides better detail during settlement negotiations or alternative dispute resolution processes
Offers a more realistic assessment of what a favorable outcome entails
Leads to increased efficiencies if the case goes to trial
Creates more flexibility in consideration of settlement options
Our family law attorneys appreciate that often the best way to avoid litigation is to begin preparing for it as early as possible. Although many of the firm’s cases do resolve before trial, the preparation that we dedicate early on results in better outcomes, no matter the timing of the settlement.
We take the lead on document preparation and production to minimize the burden on you
Family law litigation is a very document-intensive process. Forms and filings are just the tip of the iceberg. When your divorce or family law case goes to trial, you must be prepared with an extensive collection of documentary evidence, including
Financial statements
Account statements
Employment and income records
Deeds to property
Asset and property valuations
Emails
Text messages and phone logs
Police records
Medical bills
Photographs
Letters
Without a skilled family law attorney, amassing and organizing the documents required during litigation can be overwhelming. Rely on us to anticipate forms, documents, and pieces of evidence that the court may require in your case.
Minimizing the impact of litigation on your children from beginning to end
If your family case goes to trial, it is important to have realistic expectations about what is involved in litigation. It can be a very stressful process. It also can be highly contentious because you and your spouse cannot reach agreement. Through more than three decades of practice experience, our Rockville family law litigation team understands the impact that a trial can have on your family. Children are especially susceptible to conflict and acrimony, so we do everything possible to counsel you on ways to minimize harmful impacts on your children.
Contact Rockville’s steadfast family law litigation team today
While litigating a family case can be emotionally challenging, it is easier when a seasoned attorney is by your side. The accomplished family law and litigation attorneys at Jo Benson Fogel, P.A. make every effort to take the burdens of litigation off your shoulders, so you can focus on what is important—taking care of yourself and your family. Call (301) 468-2288 or contact us online today.
Division of Marital Property
Rockville Divorce Attorneys Guide Clients Through the Complicated Process of Dividing Marital Property
Recognized across Maryland and Washington D.C. for proficiency in division of marital property disputes
For many couples, dividing assets and property during divorce can be one of the more challenging aspects of the process. Establishing an independent household post-divorce can be expensive, so there is much on the line when it comes to dividing the marital estate. At Jo Benson Fogel, P.A. in Rockville, our divorce and division of marital property attorneys have more than three decades of combined expertise helping families through this complicated process. If you are facing a divorce, it is important to have reputable legal representation by your side, to preserve your rights to valuable assets and property.
Safeguarding individual assets so that you are best positioned to succeed financially after divorce
Under Maryland law, most property and assets acquired during marriage are subject to equitable division during divorce. Equitable does not mean equal; rather, this standard requires a fair distribution between spouses. There are important exceptions, however, that a family law attorney can leverage to protect assets that are rightfully yours. Some common types of property generally not subject to division during divorce include:
Real estate and assets acquired before the marriage
Assets acquired through inheritance
Property received as a gift
Assets that can be traced to gifts, inheritance, or assets acquired before the marriage
Identifying and distinguishing individual property from the marital estate is more onerous than it seems on its face. A Rockville divorce and division of marital property attorney can walk you through this process, focusing on shielding your individual assets.
World-class representation in divorce mediation and settlement negotiations
The court will decide issues pertaining to the division of property in the event you cannot reach agreement with your spouse. However, because you and your spouse both appreciate the sentimental value of the assets comprising the marital estate, it is often preferable to divide property outside of the courtroom. The stakes can be very high in divorce negotiations. With more than 30 years of collective experience in complex divorce negotiation and mediation, our family law attorneys are prepared to advocate aggressively on your behalf.
Unmatched expertise dividing retirement account income for clients in Potomac, Silver Spring, Bethesda, and surrounding cities
Retirement benefits, pension plans, savings accounts, and other investments are generally considered part of the marital estate. The valuation and division of these assets are inherently difficult and often problematic. Imputing future income from retirement benefits, especially when there are multiple accounts, requires expertise that not every family law lawyer possesses. Our Rockville divorce attorneys concentrate on assisting clients with disputes over projected income from retirement benefits. With unrivaled skill, we are the first choice for divorce and property division disputes.
Contact our Rockville division of property lawyers and benefit from decades of experience in complex division of marital asset divorce cases
Recognized across Maryland and Washington, D.C. for protecting clients’ marital estates, the Rockville divorce attorneys at Jo Benson Fogel, P.A. are a trusted source for individuals facing the daunting prospect of divorce or separation. Call (301) 468-2288 or contact us online today. Do not trust your financial future to second-tier legal representation.
Prenuptial Agreements
Rockville Family Law Attorneys Recognized for Extensive Proficiency in Postnuptial Agreements
Putting knowledge and strategy to work for clients throughout Maryland
By establishing legally recognized rights and responsibilities pertaining to finances and other issues, postnuptial agreements can enhance a marriage. A postnuptial can also reduce tension and acrimony in the event a marriage subsequently breaks down. As is true with their prenuptial counterparts, postnuptial agreements can be of i benefit to both spouses if entered into under appropriate circumstances.
The Maryland postnuptial agreement attorneys at Rockville’s Jo Benson Fogel, P.A. can assist you in negotiating and drafting solid agreements that are responsive to your needs. And, you can count on us to treat these issues with the sensitivity and respect they deserve.
Helping you understand the nuances of prenuptial and postnuptial agreements
Both prenuptial and postnuptial agreements are designed to formalize a couple’s wishes with respect to finances, whether pertaining to alimony, income, property, or other items of value. There are, however, important differences between them:
Timeframe: A prenuptial (or antenuptial agreement) is entered into before marriage; postnuptial agreements are established at varying points after a couple is married.
Enforceability: Because of the different timeframes within which prenuptial and postnuptial agreements are entered into, Maryland courts often do not view these agreements in the context of contract law.
Scope: Postnuptial and prenuptial agreements can contain broader provisions than just those related to financial issues.
Relationship dynamics: The dynamics of a relationship differ at the moment a prenuptial agreement is entered into as compared to when a postnuptial is executed.The timing can impact formation of the agreement in various ways.
Before entering into any kind of legally binding agreement with your partner or future spouse, it is important to consult an attorney for counsel on how to best protect your interests. When you meet with our Rockville attorneys, we review and explain these legal documents, and assess which is most in line with your wishes and needs.
Postnuptial agreements that adequately respond to changes
As is true with anything in life, circumstances in a marriage can change. Couples who decided before marriage that a prenuptial agreement was not right for them may be faced with any number of situations that benefit from a postnuptial agreement:
Acquisition of real estate
Sale of stocks or other assets
Change in employment and income
Decision to leave the workforce to care for children
New business interests
Loss of retirement benefits
Marital disagreement over impartial family decisions
While the nature of a particular change may not be rooted in economic issues, such changes can nevertheless have wider implications on the financial situation and structure of the marriage. Setting and establishing expectations can go a long way in strengthening a relationship—and simplifying things in the event of divorce.
Protecting you from being held liable for debts incurred by your spouse
Prenuptial and postnuptial agreements are often wrongly viewed as a protection only for the spouse with substantial assets or earnings. Each agreement, however, can go a long way in protecting a lesser-earning spouse. A very important function of postnuptial agreements is to limit a spouse’s exposure to liability for debts. Considerable debt can be amassed during the marriage and, all too often, the spousal contribution to marital debt is unequal. This may be the case when one spouse earns considerably more than another and has greater spending flexibility. Through a postnuptial agreement, our Rockville divorce and family law attorneys can ensure that liability for your partner’s debts does not extend to you.
Rockville’s premiere postnuptial attorneys stand ready to represent you. Call today
The skilled attorneys at the law firm of Jo Benson Fogel, P.A. can help you consider your options under Maryland’s prenuptial and postnuptial agreement laws, to decide the best approach to take given your situation. Call (301) 468-2288 or contact us online to schedule a consultation with us. You can trust us to appreciate the delicate nature of these matters and to treat them with the sensitivity they deserve.
Prenuptial Agreements
Rockville Prenuptial Attorneys Empower Couples to Safeguard Their Financial Future
Serving individuals in Rockville, Bethesda, Potomac, Damascus, and College Park with more than three decades of prenuptial experience
Unfortunately, divorce is commonplace. When divorce events occur, many couples are left grappling with complex issues surrounding the division of property and assets, spousal support, and related matters. Many of the disputes that couples encounter in the divorce process can be prevented through prenuptial agreements. The Rockville family law attorneys at Jo Benson Fogel, P.A. enable couples to formalize wishes and intentions regarding finances at the outset of marriage, thereby avoiding acrimonious and expensive disputes in the event of divorce.
Tailoring prenuptial agreements to our clients’ specific needs and wishes
There is a common misperception that prenuptial agreements are only appropriate for individuals with significant assets coming into the marriage. In fact, there are practical reasons that support the concept that having a prenuptial is prudent for many couples:
Protect a future interest in a family business
Safeguard art, jewelry, and other valuable or sentimental personal items received as gifts or family heirlooms
Keep family heirlooms in the family
Protect assets gained through inheritance
Reduce the acrimony, fighting, and costs in the event of a divorce
Establish expectations with respect to spousal support
Our family law and prenuptial agreement attorneys have helped countless couples throughout Maryland and Washington, D.C. suburbs dictate the terms of their financial relationship prior to marriage. There are effective ways to navigate this sensitive subject.
Comprehensive consideration of a prenuptial agreement’s impact on your future well-being
Whether you need a prenuptial drafted or you have been presented with an agreement to consider, it is important to have an attorney who is familiar with Maryland contract and divorce law carefully review the agreement. Our Rockville prenuptial agreement attorneys help you anticipate circumstances that may affect the suitability of the agreement in the future:
Compromises made to your career for the benefit of your spouse’s career
Decisions to temporarily or permanently stay home to care for your children and other family members
Potential for substantial future income or earnings
Disproportionate marital debt accrued by one spouse
Need to care for children from a prior relationship
There are many factors that determine whether a prenuptial agreement makes sense for you and your future spouse. Because these agreements dictate what may happen decades down the road, it is important to be as thorough as possible before signing by thinking through and evaluating the benefits, risks, and proper scope of a prenuptial.
Helping clients in Damascus, College Park, Clarksburg, and surrounding areas overcome unfair prenuptial agreements
In general, the terms of a prenuptial agreement are difficult to challenge in divorce. Under very limited circumstances, however, it may be possible to dispute an agreement:
Improperly executed
Not memorialized in writing
Attempts to modify legal rights that cannot be altered
Entered into under duress or coercion
Based on fraudulent information, including undisclosed assets
Depending on the facts of your situation, it may be possible to invalidate specific terms of your prenuptial or void the entire agreement. Our divorce and prenuptial attorneys work closely with you to understand the circumstances under which your agreement was originally signed in order, to best deliver a favorable outcome in your case.
Rely on our Rockville prenuptial agreement attorneys to get your marriage started on the right foot
It is wise to have an attorney closely involved with the drafting and review of your prenuptial agreement. Without this expertise, you risk jeopardizing important legal rights. The Rockville family law and prenuptial agreement attorneys at Jo Benson Fogel, P.A. frequently counsel clients in Rockville and Greater Maryland. Call (301) 468-2288 or contact us online today to learn how we can help you.
Retirement Asset Transfer
Rockville Divorce Attorneys Skilled in Retirement Asset Transfers Help Clients in Maryland and Washington D.C.
A highly-respected law firm with exceptional experience in retirement asset transfers
While the most difficult part of divorce is often the pain and loss associated with ending a relationship, dividing assets, property, and debts can be an intensely trying experience as well. Without seasoned legal representation, muddling through retirement asset transfers can jeopardize your future and that of your children. Jo Benson Fogel, P.A. is a trusted name among Maryland divorce and family law firms. Our attorneys have more than 30 years of proven divorce and family law experience, concentrated on helping individuals retain or recover income from retirement benefits.
Identifying and valuing retirement assets
Sources of retirement income are among the largest assets that couples amass in the course of a marriage. In Maryland, if acquired or maintained during the marriage, these assets, and the future income therein, are subject to equitable distribution at the time of divorce. These assets can include any number of account types and plans:
Pension Plans
401(k)s
403(b)s
457 Plans
Nonqualified Deferred Compensation Plans
Individual Retirement Arrangements (IRAs),
including Roth IRAs and Payroll Deduction IRAsEmployee Stock Ownership Plans
Profit-Sharing Plans
Top Hat Plans
Often, couples have multiple retirement accounts between them, and identifying the full scope of these assets can be problematic. Furthermore, there are multiple methods through which retirement assets may be valued. Only a knowledgeable retirement asset transfer attorney should be trusted to handle these complex issues. The attorneys at Jo Benson Fogel, P.A. skillfully identify and value all retirement assets subject to division, to best position our clients to succeed financially after divorce.
Achieving equitable and enforceable divorce and retirement asset transfer agreements
Some divorce cases go to trial; other cases settle before trial. At our family law firm, we approach every case with the assumption that it could result in litigation. By doing so, our attorneys achieve a level of preparation early in the case that best positions you to obtain the full and fair settlement to which you are entitled. In the event that we cannot reach a settlement representative of your best interests, our Maryland divorce litigation attorneys are always prepared to fight for you in court.
Reaching settlement, either before or during trial, is simply a first step. Once you and your former spouse reach agreement concerning retirement assets, that agreement must be appropriately memorialized in order for it to be enforceable. The Rockville retirement asset transfer attorneys at Jo Benson Fogel P.A. have extensive experience preparing Qualified Domestic Relations Orders and similar retirement asset agreements. Our agreements hold up under scrutiny by courts and financial institutions alike.
A valued resource for clients during divorce and after, through tailored estate planning
Managing a single household after divorce can be daunting. Our family law and estate planning attorneys have helped individuals in Rockville, Gaithersburg, Silver Spring, Bethesda, Mitchellville, Washington, D.C. and surrounding areas financially regroup after the breakup of a marriage. Our estate planning practitioners guide clients through:
Transferring retirement assets into new accounts
Revising wills
Establishing trusts
Modifying powers of attorney
We consider your unique needs and wishes in crafting a tailored estate plan. And, you can trust us to always anticipate circumstances that may warrant a reconsideration of your estate plan.
Contact our Rockville retirement asset transfer and family law attorneys today for sound guidance
With our firm by your side, you benefit from more than three decades of divorce and family law knowledge and experience. Our Maryland family law attorneys work hard to ensure you are well-protected during a divorce, and your future is financially secure. Call Jo Benson Fogel, P.A. at (301) 468-2288 or contact us online to schedule a confidential consultation.
Child Support &
Spousal Support
Accomplished Rockville Spousal Support Attorneys a Trusted Source for Advice and Representation in Support Proceedings
Expertly navigating a complicated subject to get you back on your feet after divorce
Spousal support can be a sensitive, complicated issue. But, for many Maryland men and women, it is an essential component of a divorce settlement and the primary means through which a spouse can successfully move forward following divorce. The spousal support attorneys at Jo Benson Fogel, P.A. have more than 30 years of combined experience advocating for individuals entitled to spousal support in Rockville and surrounding areas.
Trust us to fully explain your rights and responsibilities under Maryland’s spousal support laws
Every relationship is different. In some situations, both spouses are on equal financial footing when exiting the relationship. In others, one spouse is better off financially. In these latter instances, it is often the case that one spouse has given considerable effort and time into the marriage to the detriment of his or her career. Individuals in this position often find themselves disadvantaged from an earnings standpoint after divorce. Spousal support, commonly referred to as alimony, is intended to address this disparity between spouses.
Leveraging the facts in your case to obtain the spousal support award to which you are entitled
There is no set formula for establishing spousal support. Maryland courts have discretion to consider a number of factors in granting an award of spousal support, including:
Capacity of each spouse to be self-supporting
Duration of the marriage
Respective age of each spouse
Financial needs of each spouse
Standard of living established and maintained during the marriage
Monetary and nonmonetary contributions that each spouse made during the marriage
The facts of your situation determine whether you are eligible to receive spousal support, and, if so, the amount and duration of the support award. Lean on our reputable Rockville spousal support attorneys to assess your eligibility and advocate for the support that you need.
Securing time-limited and indefinite spousal support for men and women throughout Maryland and District of Columbia suburbs
In order to better meet the needs of economically disadvantaged spouses, Maryland courts have established two tiers of spousal support:
Time-Limited Alimony: Awards for limited alimony, also referred to as rehabilitative alimony, are intended to support an individual during the transition into a new job or field of employment. With limited alimony awards, there is an expectation that a spouse will become self-supporting after a certain period of time.
Indefinite Alimony: In some circumstances, Maryland courts will award spousal support for the duration of an individual’s life or until he or she remarries. Known as indefinite alimony, this level of spousal support is generally reserved for situations in which a spouse cannot reasonably be expected to make substantial progress toward becoming self-supporting.
Spousal support can make all the difference in helping you sustain yourself financially after a divorce. Our knowledgeable Rockville spousal support attorneys develop the evidence and legal arguments needed to get you the full support settlement to which you are rightfully entitled.
Call Jo Benson Fogel, P.A. for first-rate representation in divorce and spousal support matters
Before agreeing to waive rights to spousal support in a divorce agreement, contact an experienced Rockville divorce attorney who can help you fully appreciate your rights under Maryland’s alimony laws. Call (301) 468-2288 or contact us online today to schedule an appointment. We help rebuild your life after divorce.
