Are You a Millennial Thinking about Marriage? Here’s What You Should Know about Divorce

Liz EstephanLiz Estephan, Attorney

Millennials are causing a 24% rate in decline in the divorce rate, according to Business Insider.

There are a few reasons for this statistic like waiting longer to get married, establishing careers, and paying off student loan debt. But if you are a millennial and have decided to get married or are thinking about marriage, here’s what you should know about divorce.

Accounts and Assets

If you and your soon-to-be spouse decide not to have any joint accounts, this does not mean that you do not have an interest in his or her account.

Once you are married, at least in the District of Columbia and Maryland, typically any income to either you or your soon-to-be-spouse is considered marital property. You and your spouse should have frank conversations about your financials and disclose any and all accounts to each other.

Upon divorce, marital assets and accounts are equitably divided.  If you do not know your spouse’s accounts and assets and your spouse is not forthright when you are navigating a divorce, you may have to spend more money in discovery to determine all of your spouse’s accounts and assets.

Real Property

Are you and your soon-to-be spouse thinking about buying property in Maryland or the District of Columbia? Perhaps you had better wait until you are married.

When you are married and buy property in either of these two jurisdictions, there is a presumption that you and your soon-to-be spouse will be tenants by the entirety rather than joint tenants or tenants in common. Tenants by the entirety means that each spouse has an undivided interest in the real property and there is a right of survivorship (if one of you were to pass, the survivor would assume ownership of your home). Maryland has a presumption that real property owned by a married couple is held as tenants by entirety.

If you purchase property before you are married, you could either be tenants in common or joint tenants.

Tenants in common means that you and your soon-to-be spouse have an undivided interest in the property, you are joint owner, but you each own a specific share of the property, your shares do not necessarily have to be equal. Tenants in common do not have a right of survivorship. This could become an issue if your soon-to-be spouse has children from a previous relationship or marriage as the children could inherit your soon-to-be spouse’s interest in the property, not you.

Joint tenants means that you and your soon-to-be spouse have an undivided interest in the real property with rights of survivorship. You and your spouse must intend to create a joint tenancy and the deed should reflect a joint tenancy. Maryland has a presumption against joint tenancy.

Non-marital Property

Do you have a trust, inheritance or real property that you received prior to marriage? This type of property is typically considered non-marital property. For example, if you thinking about using an inheritance to put towards a down payment on a home with your soon-to-be spouse, do not lose track of any of the documentation showing where the money originated.

If you divorce, you want to prove to your spouse and potentially a court, that you have a greater interest in the property because of your non-marital contribution. If you have significant premarital assets, you should consider a prenuptial agreement.

Preparing to Appear Before a Court When You Are Remote

Liz EstephanLiz Estephan, Attorney

Appearing before a judge during COVID-19 when courts are taking certain precautions to avoid in-person hearings can be a source of additional stress and apprehension.

As a client or self-represented litigant, how do you prepare when you’re going to appear in court via telephone or video? The same way you would as if you were appearing in-person.

You should discuss with your attorney the specific hearing that you are attending remotely to determine your role and how much speaking you will do. For example, your attorney will do the majority of speaking during a scheduling hearing in the Circuit Court for Montgomery County. However, if you are attending an uncontested divorce hearing and you are the plaintiff, you will be required to answer certain questions.

Other items to consider include:

  • If you have questions, ask your attorney in advance because you are not going to be able to pick-up on bodily cues or whisper questions to your attorney during the hearing.
  • It’s very important that if you are going to appear via video with a judge or magistrate, dress professionally. Keep in mind that you may still need to stand when the judge enters and departs the courtroom, even remotely, this means wearing at a minimum, professional clothing.
  • If an attorney represents you, you should not chime into the conversation with counsel, the judge, or magistrate unprompted. Allow your attorney to answer questions on your behalf, as you would if you were physically in court.
  • If your attorney, the judge or magistrate asks you a specific question, you are free to respond.
  • Whether you are attending a hearing by telephone or video, make sure to be in a quiet place. If you are appearing by video, make sure there is nothing inappropriate or distracting in your background.

Remember, you should prepare to appear in court by telephone or video as you would if you were appearing in-person. A more informal environment does not mean your dress or decorum should be informal as well.