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The best advice I give to my clients is “Don’t lose sight of the most important people in this case…YOUR KIDS!” Your children come first and you need to make sure that the decisions you make are what is in their best interest. After all, that is what the Court will do.

The Court looks at what is in the best interest of each one of your children.  Yes, I said EACH CHILD. What is best for one of your children may not be best for the other. Each child should be assessed as to what is best for that child and his or her individual needs.

Regardless of any agreement you may have reached, the courts will still listen and have to make a determination that the agreement is in each child’s best interest.  When evaluating a case, the Court looks at several factors.  No single factor is most important. This is a list of some, but not all, of the factors, that courts will consider.

Does one party primarily care for the child? 
Fitness of each parent.  Psychological and physical capacities of the parties seeking custody. The court may also consider evidence of abuse by a party against the other parent, the party’s spouse, or any child residing within the party’s household (including another child).
Character and Reputation.
Agreements. Is there a custody agreement already in place?
Ability to Maintain Family Relationships.  Who will be best able to help the child maintain family relationships?  Is one party punishing the child for the actions of the other parent?
Child Preference.  The decision of the court may be reversed on appeal if the judge does not hear the child’s preference. However, the judge will often choose to interview the child outside the presence of the parents and in chambers.  Though it is rare, the court will hear from a child under 7 years, and a child as young as 5 or 6 years of age may be heard.  The child’s maturity, and whether the child can tell the truth from fiction will guide the decision whether a child may be heard.  A child of at least 10 or 12 years of age is certainly entitled to have their opinions heard and given weight in legal proceedings about custody.  Additionally, the court has the power to appoint an attorney for the child in contested cases.
Material Opportunity.  Which parent has the financial resources to provide for the child?
Age, Health and Gender of Child.
Residences of Parents and Opportunity for Visitation.  What is the distance between the parent's homes? What is the distance in relation to the child’s school, friends and extended family?
Length of Separation. Is the child estranged from one of the parties and for how long have they been separated?
Any Prior Abandonment or Surrender of Custody.  
Religious Views.  These will be important in the court’s decision ONLY IF you can show that religious views affect the physical or emotional well-being of the child.
Disability.  A party’s disability is only relevant to a custody decision if the disability affects the best interest of the child.

When there is a request for shared/joint custody, the Court will look at these additional factors:

The capacity of the parents to communicate and to reach shared decisions affecting the child’s welfare
Willingness of the parents to share custody
Fitness of the parents
The relationship established between the child and each parent
Preferences of the child
Potential disruption of the child’s social and school life
The geographic proximity of the parental homes
Demands of parental employment
Age and the number of children
Sincerity of the parent's request
Financial status of the parent
Impact on state or federal assistance
Benefit to parents and
Other relevant factors to each specific case can be considered

Sometimes parties can get so wrapped up in their hatred for the other party that they can have a momentary lapse in judgment and lose sight of the most important thing.  The best family lawyers keep their clients focused on their children and what is best for the children.

Contact the Law Offices of Kerri Cohen for a Consultation.  You can trust that we will do whatever is necessary to protect your children.

It is no secret that the legal industry is behind other professional industries technologically. Last fall our office attended a legal conference to change that. Technology to advance the legal system and accommodate law firms is developed every day. We brought back a wealth of knowledge, and earlier this year we implemented measures to ensure we are operating a modern law firm.  These measures streamline our office, making our attorneys more efficient and saving our clients money. We have effectively used technology to assist numerous out of state clients without them ever stepping foot in our office.de:

Examples of some of our new practices include:

Because of the technological advances made to accommodate the legal industry, we are able to implement all of these practices and run a complete virtual law firm during this critical time. We are still operating and fully functional, the only difference is we are now taking preventative measures for COVID-19 and have suspended all in person meetings. The Law Offices of Kerri Cohen is here for your legal needs during this time. Please contact us if you have any questions or read our COVID-19 FAQs here.

We at the Law Offices of Kerri Cohen would like to wish everyone a Happy New Year! 2021 was a challenging year for all of us but we are excited to share some of our proudest accomplishments of the year and what we have come for you in 2022!

If you know Kerri, you know that she goes out of her way to help people. She is a huge advocate for pro bono work and makes it an essential part of her practice, taking on at least 2 pro bono family law cases at a time.  In 2021, we completed over 150 pro bono hours, valuing over $50,000.00 to assist low-income clients to navigate the legal system with the representation they otherwise could not afford. We also participated in community events such as “Lawyer in the Lobby” to provide legal assistance to walk-in community members. Additionally, the firm was a Champion Sponsor of the Maryland Volunteer Lawyer’s Association 2021 Pro Bono Award Banquet, donating funds to make the essential work MVLS does for the community possible. As if she has any time left, Kerri was also named the 2021 Co-Chair of the Baltimore County Bar Association Family Law Committee!

The Law Offices of Kerri Cohen also values non-legal volunteer work and promotes community engagement. The firm culture Kerri created of “giving back” allowed us to volunteer over 500 hours at The Baltimore Animal Rescue and Care Shelter, as well as have employees serve as the Chair of the Anne Arundel County Welfare Counsel and on the Board of the Office Condo Association.

The law is forever evolving and continuing legal education is vital to providing competent legal representation. This year, the firm completed 210 hours of CLE’s, including Kerri being certified as a mediator (again) and Jennifer being qualified as a Best Interest Attorney to represent the best interest of children in custody disputes.

As attorneys who mainly practice in the area of family law, we do not measure our success with wins and losses, as there are no winners or losers in family law, we instead look to client satisfaction. We ask every client to give an honest review of our services so we can continuously reflect and improve. We are so proud that our clients consistently give us five-star reviews and that we are ending the year with a five-star rating with Avvo, Facebook, Yelp, and a 4.6-star rating with Google.  We are also proud to be recognized by Super Lawyers with Kerri being named a Super Lawyer (again) for 2021 and Jennifer being named a 2021 Rising Star. Kerri was also featured in Baltimore Magazine as a Woman who moves to Maryland for 2021.

With the pandemic ongoing and the courts going virtual, the Law Offices of Kerri Cohen significantly upgraded our technology and online security in 2021 to better serve our clients in both our Towson and Baltimore City locations, which leads me to an exciting new program for 2022! This year we are implementing a new client portal where we can communicate and share documents with clients privately and securely, and which also allows clients to access real-time updates on their cases. This new “virtual” world we live in has allowed us to learn how to use technology to streamline our case management, allowing us to be more efficient for our clients and this portal is just one of the new systems we have implanted for 2022. We really believe our clients will enjoy utilizing the new portal and being able to access all their legal documents and communications in one place.

In 2022 we are committed to continuing our pro bono work and our legal education, as well as expanding our office technology, to give our clients the compassionate and competent advocacy we are known for while keeping up with the ever-changing demands of being an attorney in a pandemic. We are so proud of the work we accomplished in 2021 and look forward to more success in the years to come.

Cheers to 2022!

The Cohen Legal Team is all about compensation. Fighting for justice when our clients have been treated unfairly is one of the most important parts of our practice.  However, it should be noted that this $6.4 million dollar settlement for the family of Freddie Gray exceeds the combined total of more than 120 other lawsuits brought against Baltimore City Police for alleged brutality and misconduct since 2011.

We have several pending cases with clients who were assaulted, abused and mistreated by the Baltimore City Police as well. Some even received media and news coverage, but it takes the death of a young African American in the city to realize this is a problem. I am impressed that this settlement happened so quickly for such a large number. The State law generally caps such payments, but local officials can authorize larger awards.

The city’s reasoning behind this settlement is understandable since they want to avoid long drawn-out civil cases against the police officers.  But no one really knows the real information behind the settlement, particularly about why it was brought to the spending panel before any civil lawsuit was even filed and how the payment amount was reached.  This was the biggest settlement yet for police brutality. The Baltimore City Police are outraged at this settlement before the criminal trials saying that there is no reason for it.  The city is just trying to ease anger and tension of the people. They are trying to heal the city.

In the meantime, the Law Offices of Kerri Cohen will continue to fight for justice for our clients and we will simply prepare for trial and let a jury decide what our clients deserve in the name of justice.

Legal battles concerning a divorce have a tendency to drag out longer than the parties would have preferred when they started the process. But what if you need for spousal support (also known as alimony) now? What if not getting that spousal support means not being able to pay the mortgage? How do you approach getting the financial relief you need quickly?

A Pendente Lite (PL) hearing, a latin phrase which literally means “pending the litigation”, is a type of hearing in which the court can grant temporary financial relief, paid by one spouse to the other, for spousal support/alimony.

The legal process for getting a divorce can take up to a year, or even longer in some cases. Not only does the couple need to have the grounds for divorce, but the family divisions of most courts in Maryland have full dockets. Especially when there are significant assets or children born of the marriage, drafting a separation agreement can be complicated, which can further extend the journey. As such, when one spouse is in need of child support or alimony, structuring the separation agreement to the parties’ mutual satisfaction is bound to require an extended time frame, thereby increasing legal fees too.

A Pendente Lite hearing can be requested by the party requesting financial relief. The exact scheduling time frame will vary by jurisdiction, but in Baltimore County, for example, the Pendente Lite hearing will, in theory, be held within 3-5 months of the original filing of the Complaint in a standard family law case (see diagram below and referred to as PL hearing).

However, while the Court can grant this relief QUICKLY, it is only granted on a TEMPORARY basis. All pendente lite financial relief granted by the Court is only effective until the day that the trial is actually held, however, a permanent child support or alimony agreement can be entered at that time up until the trial. In Baltimore County, for example, a trial may not be held until 9 months after the original filing of the Complaint, and even longer if there were any delays in the process. For those months between the Pendente Lite hearing and the trial date, the temporary order for child support or alimony would be effective as shown on the diagram above.

Unlike in a traditional alimony hearing, where the Court has before it about 12 factors of fairness to consider and weigh in determining what, if any, financial relief to order, in a Pendente Lite hearing, the Court only considers these 2 factors for each spouse:

  1. Need; and
  2. Ability to pay.

In other words, if you are the party in need of alimony, then you will need to demonstrate evidence of your need for that financial support, and demonstrate evidence of your spouse’s ability to pay that alimony.

If you are preparing for a divorce and know that you will need some financial relief, don’t wait for a trial date to start collecting. Contact the Law Offices of Kerri Cohen today to set up a consultation.

During the past two weeks, we have had numerous calls about the uncertainty COVID-19 is causing in our community.  We compiled a list of the most common questions asked of us to hopefully assist you in this time of need. Please remember that this is not legal advice and if you have questions about your specific legal issues, contact our office to schedule a consultation.

1. Are the Courts open?

The courts are not open to the public but are operating at a limited capacity.

2. What about my hearing scheduled this month?

You should contact your attorney directly about your specific court date. Currently, with a few exceptions, hearings scheduled through May 1, 2020, have been postponed. You will receive a new hearing date. The courts are still hearing the following cases:

In the Circuit Courts:

(A) bail reviews/bench warrants

(B) arraignments for detained defendants

(C) juvenile detention hearings

(D) emergency evaluation petitions

(E) quarantine and isolation petitions

(F) extradition cases

(G) body attachments

(H) extreme risk protective order appeals

In the District Court:

(A) bail reviews/bench warrants

(B) emergency evaluation petitions

(C) quarantine and isolation violations

(D) body attachments.

The full order addressing this issue can be accessed here.  This information is changing daily, and we will update it accordingly.

3. Is my Court Order still effective with the courts closed?

Yes. If you have a signed Order from the Court regarding custody and/or child support, the court’s closure has no effect on that.

4. What is happening with my case if the courts are closed?

Please contact your attorney for specific details about the status of your case. Generally, cases are still moving through the courts. The clerks are still accepting and processing pleadings and motions, hearings and conferences are being held electronically when possible, and with the exception of actual in-court appearances, business is as usual.

To read about how the Law Offices of Kerri Cohen is prepared for COVID-19, please read our latest blog here.

Overall, the divorce rate in Maryland is on the decline, down 1.7% in 2020, with a notable exception - couples over the age of 50 and/or who have been married 20 or more years – these are often referred to as “grey divorces.” For these couples, the rate of divorce has seen a steady and significant increase. A recent study in the Journal of Gerontology revealed that one in four people undergoing a divorce are over the age of 50, and of those, over half involved marriages of 20 years or more. Much of this increase can be attributed to changing public mores and a growing willingness to view divorce as an acceptable means to end an unhappy marriage. Stated simply, the stigma once associated with divorce is no longer keeping older couples from seeking an end to their marriage.

The studies and statistics seem to be accurate. At the Law Offices of Kerri Cohen, we specialize in divorce and related family law proceedings, and our practice has seen a steady rise in the number of clients being represented in “grey divorces”. In the last few years, almost half of our new divorce cases involve clients who fall into this category. Some of the common questions we are routinely asked about are:

a). How can I get out of this marriage without detrimentally affecting the rest of my family? b). How does the divorce process work for older people? c). What is the financial impact of divorce and how can it be minimized? And d). What happens next?

These are all legitimate and relevant questions, and at the Law Offices of Kerri Cohen, we understand that every case is different and that it is important for your attorney to provide you with legal advice and services based on your individual situation and needs. In the next few sections, however, we hope you will find some helpful generalizations that will assist you in better understanding the process.

Obviously, divorce is difficult for anyone at any age, but a “grey divorce” has broad ramifications that can impact you and the other members of your family financially and emotionally. We often suggest, that in addition to your attorney, you have a strong supportive team supporting you throughout this process, including a knowledgeable, and trustworthy financial advisor/accountant. At the Law Offices of Kerri Cohen, we are experienced in working with financial advisors to ensure that you are making well-informed financial decisions, getting the support you need and doing what is best for you and your family. Knowing that you have health insurance or that your estate plan for your children or grandchildren is in order is a critical part of the process.

Understanding the divorce process is important should you find yourself in a situation where either you or your spouse wish to end your marriage. In Maryland, civil divorce actions are handled in the Circuit Court for the County/City where you or your spouse reside (religious divorces such as Ghets and religious annulments are outside the scope of this article and are matters handled by your respective clergy). The divorce process can be relatively simple and amicable or complex and heated. That will depend on all of the parties involved. If you are able to reach a written agreement with your spouse determining the distribution of assets, and financial support, if any, and address any other matters impacted by the dissolution of your marriage, it should be relatively smooth sailing. However, what happens when one spouse feels completely blindsided and does not agree to the separation and/or divorce? Typically, when one spouse pushes back, the process becomes more complicated, takes longer to complete, and is more costly to both sides. At the Law Offices of Kerri Cohen, we understand these issues and help our clients achieve the best possible resolution based on their individual circumstances and desired outcomes.

The financial impact of a “grey divorce” can be serious for both parties after a lengthy marriage. There may be significant assets acquired during the marriage, including retirement and/or pension benefits. It is possible that during the marriage, one spouse was responsible for controlling all of the finances, leaving the other spouse in the dark. There may be conflict over the concept of sharing “their” retirement after years of working if the other spouse did not work or did not contribute financially to the family. What happens if one spouse is significantly younger and still working and the other is already retired? What if the primary source of income is from retirement funds or a pension? What about Social Security benefits or life insurance? It is often the case that one spouse has difficulty accepting that in Maryland, everything acquired during the marriage is presumptively marital property. The only exceptions to that rule are: (1) if you have an agreement (pre-nuptial, postnuptial) to determine the division of property upon divorce, (2) if the property was inherited, (3) or if the property was a gift from a third party (must be traceable to one of those sources).

In Maryland, the Circuit Courts are courts of equity, which means that there is no automatic 50/50 split of marital property (unlike Community-Property States where everything gets divided equally and that’s it). The Judges in Maryland will decide each case by analyzing many factors to determine what is fair and equitable. On occasion, this could be 50/50, but it could also be any other percentage the Court determines is appropriate. The Judge’s ultimate determination concerning monetary issues, including the division of marital property, and awarding spousal support will be based on the following factors:

In the end, this can be a long process and leave many exhausted, regardless of what side they are on. It is important to remember that should you or your spouse die prior to your “grey divorce” is finalized, absent a written agreement, you will still be considered married and the surviving spouse will be entitled to all of the marital property. However, some grey divorces end in very peaceful settlements where divorced couples can even continue to care for their grandchildren and/or attend family special events together, despite the ending of their marriage.

The best advice is to choose an attorney who will listen to your desires, seek resources for the best outcome, as well as advocate for the best possible outcome. At the Law Offices of Kerri Cohen, that is what we do best, and our client’s priorities are our priority. Feel free to call to set up a consultation with an attorney to discuss the details of your specific situation.

We are here to help!

Tomorrow if you have less than 10 grams of marijuana….you do not face up to one year in jail in Maryland. Some say it is about time. Most of my clients are cheering

Maryland Governor Martin O’Malley signed two marijuana-related bills into law that will go into effect tomorrow, October 1st. The first decriminalizes the possession of small amounts of marijuana. Possession of fewer than 10 grams of marijuana will be a civil offence punishable by a fine of up to $100 for a first offence, up to $250 for a second offence, and up to $500 for subsequent offences. Third-time offenders and individuals under 21 years of age will be required to undergo a clinical assessment for substance abuse disorder and a drug education program.

Removing these petty cases from the criminal docket will certainly free up some of the District Court dockets. I am excited for the new law to go into effect! The decriminalization of the possession of small amounts of marijuana will free up resources to fund additional substance abuse treatment, drug prevention and job training efforts, and education.

There is no excuse for criminalizing people simply for possessing small amounts of marijuana. For years, legislators have been coming up with excuses, but this time they came up with a solution.

My favourite part of this new law is the issues we will soon face about what police can use as probable cause for a search. This will be interesting and as a criminal defense attorney, I am all over this!

The second law that will go into effect tomorrow protects patients with severe pain, nausea, wasting syndrome, seizures, and severe muscle spasms from arrest and prosecution. Under the law, patients will get medicine from licensed medical marijuana dispensaries. They will also have to get approval from doctors who are approved by the state, and have an identification card before they can access a licensed dispensary.

I say Welcome to Maryland as the 21st medical marijuana state!

We are finally moving in the right direction.

When going through a separation or divorce, clear headed thinking and decision making often takes a back seat. You can end up making the wrong decisions and ultimately end up with the wrong lawyer, all for an urgent desire to end the whole ordeal quickly. This will often have the opposite effect.

What you need to do is, and it is easier said than done, is realize that this is not a quick process and decide what kind of attorney you want advising you. With that thought in mind, it will be clearer to you that the selection of your divorce attorney is more crucial. It should take priority over everything else because this will be the person who helps you through the process of your case from beginning until the end.   The thing you have to keep in mind is that you can never predict how long the case will take and if an attorney promises you a specific end date or cost, you should be suspicious.

You should decide if you need your attorney to be compassionate to understand your stress and give you guidance accordingly.  There are many important things in deciding your divorce attorney and when interviewing attorneys you should evaluate if your personality clicks, is this a person you can trust to meet your needs and give you their time and attention.

Unfortunately, if people do not take care in this critical decison, they end up changing their attorneys during their divorce because they don’t get the aforementioned qualities in an attorney.  Changing lawyers halfway is costly, but it should not come as a surprise that most attorneys get cases that were first handled by another attorney.

This is what you need to do to avoid making the wrong choice when it comes to hiring best family law attorney. Make the decision early to hire a divorce attorney as oppose to in a high pressure situation.  Otherwise, you might make the wrong decision because your selection may be driven by which attorney you get easily. There is no substitute for word of mouth referrals and looking at reviews. Reaching out to trusted sources to make a decision will always help you choose the best divorce attorney because you can have someone who has gone through the process with the attorney and their recommendation means way more than googling “best divorce attorney.”

Always go for a specialist, because a specialized divorce attorney can properly asses your situation and have the most relevant knowledge to handle your case.

Divorce is a complex matter which needs to be handled carefully and seriously. Your friends and family members will recommend you a number of divorce attorneys in Baltimore. Not only this, you will also see good client ratings given to different divorce attorneys in Baltimore on internet. But, don’t hire a lawyer instantly because he/she has good client rating or because he/she has been recommended by your friend or family member. Instead, you should rely more on yourself and make the final decision of hiring a particular divorce attorney in Baltimore after asking the following important questions from him/her. The questions given below will help you decide whether a divorce lawyer is right for your case and budget or not.

  1. Do you specialize in divorce cases?
  2. Will you also be able to handle custody of my child?
  3. How many divorce cases have you handled?
  4. How many years of experience do you have as divorce attorney?
  5. Have you handled a case similar to mine before?
  6. Will you brief me about different steps of divorce process?
  7. Will you be the only one handling my divorce case or you will take help from others as well?
  8. Do you charge hourly fee?
  9. How much will you charge me for your services?
  10. What will be your strategy for my divorce case?
  11. How often will you update me about my case?
  12. Roughly, how much time will be needed to come to an agreement?
  13. How I will be able to contact you?
  14. Will you provide me copies of documents related to my divorce case?

If you need an experienced, reliable and trustworthy divorce attorney in the Baltimore area, then contact us at (410) 657-2515.

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