Frequently Asked Questions

How is child custody determined in a divorce?

Child custody is primarily determined based on the "best interests of the child" standard. Courts consider multiple factors when making this determination, including: (1) Each parent's ability to provide a stable, loving environment; (2) The child's established relationship with each parent; (3) Each parent's physical and mental health; (4) Any history of domestic violence, substance abuse, or child neglect; (5) Each parent's work schedule and childcare arrangements; and (6)Proximity of parents' homes to each other and to the child's school and activities. Most courts prefer arrangements that allow both parents to remain actively involved in their children's lives whenever possible, often through joint custody arrangements.

What factors are considered when calculating child support payments?

Child support calculations generally consider: (1) Each parent's income and earning capacity; (2) The number of children requiring support; (2) The amount of time the child spends with each parent (custody arrangement); (3) Healthcare costs (insurance premiums and out-of-pocket expenses); (4) Childcare expenses while parents work or attend school; (5) Educational expenses; (6) Special needs of the child (medical, educational, or developmental); (7) Standard of living the child would have enjoyed if the parents remained together; and (8) Other existing support obligations (for children from other relationships). Most jurisdictions use specific formulas or guidelines to calculate base child support amounts, though courts can deviate from these guidelines in appropriate circumstances.

How are marital assets and debts divided during divorce?

The division of marital assets and debts depends on whether you live. 

Maryland and DC follows: Equitable distribution: Assets and debts are divided "fairly" but not necessarily equally. Courts consider factors like the length of marriage, each spouse's economic circumstances, contributions to the marriage (including homemaking), and future financial prospects. Certain property may be classified as "separate" (not subject to division), including: (1) Assets owned before marriage; (2) Inheritances received by one spouse; (3) Gifts given specifically to one spouse; and (4) Property designated as separate in a valid prenuptial agreement.

The classification of property as marital or separate can be complex, especially when separate property has been commingled with marital assets or when one spouse's efforts have increased the value of the other's separate property.  

What's the difference between legal and physical custody of children?

Legal custody refers to decision-making authority regarding major aspects of a child's life, including: (1) Education (choice of schools, tutoring, special education services); (2) Medical care (selection of doctors, treatment decisions, medications); (3) Religious upbringing; and (4) Extracurricular activities; (5) Legal custody can be joint (shared between parents) or sole (one parent has exclusive authority).
Physical custody refers to where the child physically resides and which parent handles day-to-day care. Options include: Primary (child lives mainly with one parent while having visitation with the other or Shared (Child spends substantial time with both parents (though not necessarily equal).

How can I protect my business or inheritance during a divorce?

For businesses may include the following: (1) Establish the business before marriage (pre-marital assets are typically separate property); (2) Use a prenuptial or postnuptial agreement specifically addressing the business; or (3) Maintain the business as a separate entity (avoid commingling personal and business finances).

For inheritances may include the following: (1) Keep inherited assets in a separate account under your name only
Don't commingle inherited funds with marital assets; (2)Avoid using inherited money for joint purposes (like home improvements or family vacations); or (3) Consider placing significant inheritances in a trust.
Even with these precautions, some portion of business growth or inheritance may be subject to division if your spouse contributed to its increase in value or if marital funds were used to maintain the asset.

What basic documents may be included in my estate plan?

A comprehensive estate plan typically includes: (1) Last Will and Testament: Directs how your assets will be distributed, names an executor to manage your estate, and designates guardians for minor children; (2) Durable Power of Attorney: Appoints someone to handle your financial and legal affairs if you become incapacitated; (3) Advance Healthcare Directive/Living Will: Specifies your medical treatment preferences if you cannot communicate them yourself; (4) Healthcare Power of Attorney: Names someone to make medical decisions on your behalf if you cannot do so; and (5) Revocable Living Trust: (Optional but recommended) Allows assets to pass to beneficiaries without probate, provides privacy, and can include incapacity planning.

How often should I update my estate plan?

You should review your estate plan every 3-5 years and update it whenever you experience significant life changes, including: (1) Marriage, divorce, or remarriage; (2) Birth or adoption of children or grandchildren; (3)Death of a spouse, beneficiary, guardian, or executor; (4) Substantial changes in assets or financial situation; (5) Purchase or sale of significant property; (6) Moving to a different state; (7) Changes in tax laws or estate planning regulations; (8) Health diagnoses that might affect your capacity; (9) Changes in your wishes regarding medical treatment; and (10)Retirement

Even without major life changes, periodic reviews ensure your plan remains aligned with your current wishes and complies with evolving laws.

What's the difference between a will and a trust, and do I need both?

Will: (1) Takes effect only after death; (2)Must go through probate (public court process); (3) Names guardians for minor children; (4) Directs distribution of assets you own in your name; (5) Names an executor to manage your estate; (6) Generally less expensive to create initially; and (7) Becomes public record after death.

Trust: (1) Can be effective immediately upon creation; (2) Avoids probate if properly funded; (3) Provides for management of assets during incapacity; (4) Maintains privacy (not public record); (5) Can specify conditions for distributions; (6)Typically more expensive to set up initially; (7) Requires "funding" (transferring assets into the trust); and (8) Can continue for generations

Do you need both? Many comprehensive estate plans include both:

The right combination depends on factors including your asset level, family situation, privacy concerns, and whether probate avoidance is important to you. Those with simpler estates and limited assets may find a will sufficient, while those with more complex situations, higher asset levels, or blended families often benefit significantly from a trust-centered plan.

What type of business entity should I form?

The most common business entities include:

Sole Proprietorship:

  • Simplest form with minimal paperwork
  • No separation between business and personal assets
  • Owner has complete control and receives all profits
  • Owner bears unlimited personal liability for business debts
  • Business income reported on personal tax return

Partnership (General and Limited):

  • Shared ownership between two or more people
  • General partnerships: all partners have unlimited liability
  • Limited partnerships: limited partners have liability protection
  • Pass-through taxation
  • Requires partnership agreement defining roles and profit sharing

Limited Liability Company (LLC):

  • Combines liability protection of corporation with tax flexibility
  • Shields personal assets from business liabilities
  • Pass-through taxation by default
  • More flexible management structure than corporations
  • Less formal compliance requirements than corporations

Corporation (C-Corp):

  • Distinct legal entity separate from owners
  • Maximum liability protection
  • Double taxation (corporate profits and shareholder dividends)
  • More complex compliance requirements (meetings, minutes, etc.)
  • Easier to raise capital through stock issuance

S-Corporation:

  • Special tax status available to qualifying corporations and LLCs
  • Pass-through taxation while maintaining liability protection
  • Restrictions on number and type of shareholders
  • May reduce self-employment taxes in some cases
  • More compliance requirements than an LLC

The best entity choice depends on factors including liability concerns, tax considerations, fundraising needs, administrative complexity tolerance, and long-term business goals.

What are the steps to form a business?

Choose your business structure: Decide between sole proprietorship, LLC, partnership, or corporation based on liability needs, tax considerations, and growth plans.

Select and register your business name: Conduct name searches to ensure availability, then register with your state's business agency. Consider trademark protection for broader rights.

File formation documents: Submit Articles of Organization (LLC) or Incorporation (corporation) with your state's business division and pay required filing fees.
Create governance documents: Draft an Operating Agreement (LLC) or Bylaws (corporation) to establish management structure, ownership rights, and decision-making processes.

Obtain an EIN: Apply for an Employer Identification Number from the IRS for tax purposes, banking, and hiring employees.

Open business bank accounts: Separate personal and business finances to maintain liability protection and simplify accounting.

Secure necessary licenses and permits: Research and obtain required federal, state, and local business licenses, along with industry-specific permits.

Set up tax accounts: Register for sales tax collection, payroll taxes, and other tax obligations based on your business activities.

Obtain business insurance: Purchase appropriate coverage such as general liability, professional liability, or workers' compensation depending on your business needs.

Establish compliance systems: Set up accounting software, regulatory compliance procedures, and reporting schedules to meet ongoing requirements.

Should I form my business in my home state or in a state like Delaware?

Most small businesses benefit from forming in their home state where they'll operate. While Delaware, Nevada, and Wyoming offer tax advantages and privacy benefits, forming out-of-state typically requires:

Registering as a foreign entity in your home state anyway
Paying fees in both states
Hiring a registered agent in the formation state
Complying with two sets of filing requirements

Consider Delaware or other business-friendly states if you plan to seek venture capital, go public, or have complex ownership structures. For most local businesses, home state formation is simpler and more cost-effective.

 What is Elder Law?

Elder law is a specialized legal practice that focuses on issues affecting older adults and their families. This includes estate planning, long-term care planning, guardianship, Medicare/Medicaid planning, elder abuse cases, and retirement planning. Unlike many legal specialties organized by legal procedure, elder law is defined by the client's needs as they age.

What's the difference between a will and a power of attorney?

A will only takes effect after death and directs how your assets will be distributed. A power of attorney works during your lifetime, appointing someone to handle financial or healthcare decisions if you become unable to do so yourself. Both documents are essential, as a will cannot protect you during incapacity, and a power of attorney ends when you pass away.

When should I start planning for long-term care?

Start planning for long-term care in your 50s or 60s while you're still healthy. Early planning provides more options for protecting assets, qualifying for benefits, and ensuring your care preferences are documented. Waiting until a health crisis occurs often limits your choices and may result in unnecessary expenses or unwanted care arrangements.

How do Medicare and Medicaid differ for long-term care?

Medicare provides very limited coverage for long-term care—typically only up to 100 days of skilled nursing care following a hospital stay. It does not cover custodial care (help with daily living activities). Medicaid, however, covers extended nursing home care and some home-based services, but has strict income and asset eligibility requirements that vary by state, often requiring "spending down" assets before qualifying.