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In this episode of JGL LAW FOR YOU, JGL attorneys Lindsay Parvis and David Bulitt discuss Qualified Domestic Relations Orders, where pensions and retirement funds are divided as part of a divorce.

In an article published in University Business on October 24, 2024, Veronica Nannis notes that fraud investigations are on the rise in higher education institutions.

She details a number of fraud cases against universities that were brought under the False Claims Act, a unique fraud-fighting statute that lets ordinary citizens step into the shoes of the government to recover fraudulent gains. These whistleblowers are called “relators” and use insider information to file fraud cases on the government’s behalf. Many of the cases Veronica highlights settled for millions of dollars, and the relators received a portion of the settlement.

Experienced in bringing and litigating False Claims Act cases, Veronica provides insight that higher education institutions can use to avoid similar fates, including developing real, transparent and robust compliance programs; requiring mandatory, yearly training on the polices and the real cost of violations; and establishing effective protections and anti-retaliation measures for whistleblowers, who almost always try to address suspected fraud internally before reporting to the government.

Read the full article to learn more (PDF).

In this episode of JGL LAW FOR YOU, JGL attorneys Chris Castellano and David Bulitt discuss the impact of social media on family law litigation.

David Bulitt: [00:00:00] Welcome to JGL Law For You. JGL Law For You is a podcast by lawyers, but not for lawyers only. On JGL Law For You, we will be discussing a wide array of topics to help you navigate the many legal processes, developments in the law, other current events, and how they may affect you, your family, and your business.

We’ve got a very, very timely and interesting topic. Social media, right? Everybody looks at Facebook. Everybody has an Instagram, TikTok, Pinterest, LinkedIn. I have to try to think of all the platforms. YouTube as well. But we post things. We don’t think that much about it. And maybe when we’re going through a divorce, we ought to be thinking about it.

And how, if at all, can what we put up on social media platforms, how, if at all, can that be used for us, or can it come back to haunt us, to help us discuss these career issues in a whole new world out there. This didn’t exist 10 years [00:01:00] ago, or even 20 years ago, by the way. My partner, Christopher Castellano, at Joseph Greenwald & Laake, who practices family law and he has spent a lot of time in the courtroom and has seen firsthand how social media affects a person’s family case whether it’s a custody or divorce case. Welcome aboard, Chris.

Christopher Castellano: Good morning, David. How are you today?

David Bulitt: I am doing great. So, as I mentioned, most people, you know, you see them walking around, you might see them at a restaurant and a coffee shop, they’re checking their Facebook, they’re checking their Instagram page. They’re posting selfies, they’re doing whatever it is they’re doing, videos, audios, every kind of media that you could only used to be able to see on television, you can now produce on a device that’s about two inches or an inch and a half by two to three inches long.

So, tell us a little bit, Chris, if you would, how social media can be used in the context of a domestic case, either in trial or prior to the time that you get to trial.

Christopher Castellano: Yeah, sure. So, let’s take it from prior to trial and then [00:02:00] segue into trial. But even before that, yeah, social media is, I would say, it’s taking over legacy traditional media.

And it has a steady march towards that since it started in the early 2000s. You know, I was on Facebook in 2004 when Facebook first started. Yeah. And there was 300 people in the college network that I was in. And it just goes to show how much it’s changed and how much it’s grown, right? Just like with anything, just like with any piece of media, there’s pros, there’s cons.

When it comes to our everyday life of dealing with litigation matters, it’s equally fraught with danger. When it comes to pre litigation, before you’re getting into court, how can social media have an effect on you? Well, every time you post something, let’s just look at the traditional social media. So, Facebook, right?

You can post your stream of consciousness, you can post a picture, or you can make a comment on it. So, let’s just [00:03:00] focus on that. When you’re posting on there, that is your thoughts, that’s your unaltered thoughts, and so it is a window into what someone’s thinking.

So, if you’re posting, you had a drop off with your ex-spouse, let’s say it’s a custody case, you had a drop off, and it was frustrating. We all get frustrated here and there in moments that we wish we had handled in a better way, but now, you could just take a device out of your pocket, post your frustration for everybody to see online.

It’s not a stretch to imagine how bad that can look. The moment you start disparaging your ex-spouse because of the poor exchange, for instance, you’ve just created evidence.

And for the litigator in us, we’re always searching for evidence. It used to just be, what kind of phone calls did you have? Let’s get somebody to describe the phone calls, or whatever it may be, and then it’s emails, and then text messages, and now it’s social media posts. Yeah. [00:04:00] So it’s ever evolving.

But the concept hasn’t changed, right? What piece of evidence did you just create? So, when I get a new case, I talk to them about social media. You know, what does your social media use look like? What are you posting? It’s a rare person to be an influencer, to be extremely active. I don’t want to pretend I haven’t seen it because I have, but generally speaking, we’re talking about people, everyday users.

They’re not power users. They’re just everyday users. And some of them may post, and some may not. It is that creation of evidence that’s the concern.

David Bulitt: When a client comes to see them, and you’re having this discussion about their social media activity, do you want to look through it yourself, or do you sort of, you know, you let them let you know?

I mean, we all know, and I have been doing this work a little bit longer than you, but together it’s a lot of decades, and we all know that clients don’t always tell you everything. So I’m curious, as you talk to whoever it is that’s sitting across from you in your [00:05:00] office, do you say, look, I got to take a look through your social media page, or do you trust them to sort of verify, oh, it’s nothing other than pictures of my kids or trees and that sort of thing, sort of benign kind of stuff?

Christopher Castellano: Listen, I’d like to think that I’m a trusting person, but it’s not my job to trust everything that you, the client, tell me. It’s my job to look out for you and have your back. I manage risks to people, right? I don’t feel I’m doing my job for you if I just take everyone’s word for it at face value.

So, I’m going to tell the person, just like I’m going to need to see your emails, I’m going to need to see your text messages, I’m going to need to see what your posts are. Now, if you say, listen, Chris, I’m not active, I don’t post anything, I’m not on X, I’m not on Pinterest, I’m not on Facebook, I don’t really post, or I’m on X, all I do is look at Formula One, that’s fine, I don’t care, right?

If you’re telling me that there’s just no substance to your social [00:06:00] media presence, that’s a different discussion. As with everything, each case is specific to the individual, but generally speaking, I’m going to want to take a look at posts, because what you could perceive as benign could have a very different look to a different reader.

David Bulitt: And for folks that are in the midst of divorce litigation, I’m going to talk about custody also separately, but in terms of financial type issues, how, if at all, can social media posts help or hinder a litigant?

Christopher Castellano: So, I always think back to the classic case early, early on in my career when I was a law clerk. Doing products liability and other insurance defense cases. You know, it was classic that you would get the private investigator picture of somebody who’s actually living a happy life. I remember distinctly a case of a guy claiming some emotional distraught nature, but it was happy skiing, right? Very, very classic circumstance.

It’s still different from social media. If you’re out there, you’re claiming that you don’t have time to pick up the kid on a Friday because you’re working. But then every Friday, you have pictures of you going to Topgolf. That’s not going to look good to the court. And you could just spread that logic out to almost anything when it comes to the idea that social media can be used to break down your credibility to the court, pictures, posts, whatever.

David Bulitt: I had a case recently, for example, in which my client’s spouse basically claimed that he was infirm, couldn’t work, couldn’t do things and so forth, and yet his Instagram page was filled with photographs. And this really was annoying because I’m not a feet type person. Photographs of his feet in varying places, at the beach, with the mountains behind him, things of that nature.

Now, I ended up settling that case here during the course of mediation, but I was able to pull up all of those posts from his Instagram page, and also, while we’re talking about different types of media, people also post videos, right? 

Christopher Castellano: [00:08:00] Oh, absolutely. I mean, I don’t want to say it’s the new frontier of social media, because I think we’re about five years past that, but the development of TikTok, Reels, Shorts, all of the various different forms of these short-form videos, and not to mention the concept of FOMO, the influencer market and economy, everybody now is looking for passive income streams.

And for people that are facing divorce, it’s not a stretch for them to sit there and think, well, you know what, I’m losing my standard of living the way I was used to. Let me see if I could reach out to social media and start creating a presence on there to become an influencer myself.

David Bulitt: I mean, if you look around — look on TikTok and Instagram particularly, and Instagram is a major, major marketeer for new business and business development. So, it’s interesting you’re talking about that, because I’m sure you have seen folks who are trying to generate revenues via social media, either through [00:09:00] influencer programs with companies.

And tell me a little bit about that. A lot of companies have these ambassador or influencer programs that folks get paid directly, like into from a shop pay account or something like that, right?

Christopher Castellano: Oh, absolutely. I mean, I’ve had a case relatively recently where someone was trying to turn their divorce circumstances and life into an influencer life. And, as I said at the top of this recording, I’m going to use evidence the way I’m going to use it. I don’t care where it comes from; I’m going to use it.

And if I find out that you’re trying to establish a new stream of income by way of the influencer life, you better believe it’s going to be mentioned. And I’m going to dive into that, and just like with anything, if you’re getting income one way or the other, direct or indirect, that’s relevant to your case.

If you’re claiming that you need alimony or you need child support because you don’t have enough income to sustain, and yet, over on the other side, you’re earning X amount of dollars [00:10:00] from trying to create an influencer life where you have subscribers on YouTube and you’re earning a certain amount of money from Alphabet, money is money. We’re going to find it. And if you’re earning it through social media, it’s not difficult to find.

David Bulitt: Yeah, even if they’re not, but they’re trying, it seems to me. So, you have someone, let’s take a hypothetical. You have a client whose spouse says, I haven’t been able to find a job, can’t find work, I’m doing, I’m in between jobs. But yet you look on their social media page, and there are three, four, five posts a day on their Instagram page. They’re running videos on YouTube. They’re trying, which means they’re doing what? They’re spending time, right? Trying to build that business versus going to a nine-to-five job. And is that something you can also use in your case? 

Christopher Castellano: Absolutely. Now, it becomes a little more nuanced in that situation, right? Let’s use two different examples. I like yours. They’re posting four to five pieces of content a day. Using various social media to promote it. And then on the other hand, let’s have the person who is [00:11:00] posting one short video a week and then claiming that, oh, I’m trying to become an influencer. You know, I’m just focusing on this. I can’t get the nine-to-five because that’s what I’m focusing.

You’ve got two, I would say, distinct people there. That’s where we would use the traditional expert. Let’s evaluate this person. Are they in good faith trying to start a business? Because a lot of people know that in this social media landscape, this influencer market, part of the bedrock of forming your presence is a lot of content in the beginning that’s not getting a lot of views.

All of a sudden, you’re going to step up, and it’s going to climb at a very steep rate, and you could see this in a number of different individuals who have actually started to make some income through social media. And so, I think it requires an expert at that point, frankly, to identify whether this person is putting in a good-faith effort.

Or is this person the guy who’s [00:12:00] out there doing interviews with jobs that they don’t qualify for and then claiming that they can’t get a job? 

David Bulitt: The other thing is that, and I have used influencers, believe it or not, as sort of de facto experts in efforts to try to get cases settled in that. In this fashion, right, you know, people sometimes will look at social media who aren’t familiar with how things get up there, right, and say, I see a video, it just means somebody turned their phone on, and they turned it off, and that way, and then they post it, and that’s it.

The reality is that for anyone who wants to do what you were talking about, it takes time. It might take 12 takes of the same video. So, in theory, you might be able to rely on someone, it seems to me, who can say to you, yeah, I, this is what I do for a living, and every one of those videos takes me X amount of time.

And then your expert, whether it’s a vocational rehab person or whatever, says, well, this guy was spending six, seven, eight hours a day that he’s spending on making videos in working at wherever, pick a place, Starbucks, he’d be earning X, Y, or Z. As I was looking at your [00:13:00] material today, that’s another interesting area that I think lawyers are going to look at, which gets me to — okay, so we know these problems can exist.

We know these are areas and minefields for lawyers to look to expose opposing parties. How do you protect your own client going forward? So here I am in your office. I’ve told you, yep, I’m all over the place. I’ve got an Instagram page with five, six, seven thousand followers. I’m posting. I’ve got a Facebook page with the same.

What do you tell me to try to protect me from someone else like you? 

Christopher Castellano: Yeah, so it’s interesting, right? This, again, social media is just media at its core, and you know, a lot of the ideas haven’t really changed, right? And I would submit that a lot of the concepts on how to protect yourself from social media haven’t really changed from a lot of the overarching concepts.

So, I’m not a gambler type; I’m a safer lawyer. And so, I like to tell clients that this is [00:14:00] the time for a divorce. This is your time for a divorce. You need to keep your head down, keep your nose clean, right? You know, some lawyers out there, I understand, they’re going to say, live your life, this is your divorce case, but don’t let it disrupt your life.

If that’s their approach, more power to them, more power to their clients. With me, that’s not what you’re going to get. You’re going to get more of a protective, let’s make sure that we’re keeping our head down, right? The same logic applies to social media. We’re going to start looking through your privacy settings.

We’re going to identify how you’re approaching your social media presence.

David Bulitt: And that gets you to the next question, which is, somebody says, “Oh, you don’t have to worry about anything because I have a private account.” So tell us a little bit about that.

Christopher Castellano: Yeah, nothing’s private. Nothing’s private. If it’s on the internet, then it’s always on the internet.

I was thinking about this in the earlier question, but I want to make sure it’s really, really, really clear. The one thing I’m never going to tell a client and the one thing a lawyer should ever tell their client is to delete their content. Evidence is [00:15:00] evidence, and the court’s entitled to see that evidence, whether it’s bad or good.

You don’t get to delete it, right? And even if you do, there’s always a record of it somewhere. If you delete it, and somebody finds that record, that’s even worse for you. That’s even worse because now you’re trying to get rid of that bad evidence.

And so that’s what I’m also going to tell our client is, don’t delete it. You don’t get — just like I tell them — you don’t get to delete text messages, you don’t get to delete emails. You know, just like you can’t go and take all your handwritten letters from back in the day and throw them in the trash can and burn them. You don’t get to do that.

And so, it’s the same concept when it comes to social media. You don’t get to delete it. It’s always out there. You can lock down your accounts and turn them private, but the content’s still there. Now, it’s not spoliation or destruction of evidence to turn your account private. Okay. You’re entitled to do that.

You’re not deleting the evidence. You’re just making sure that third parties that you don’t know can’t see your [00:16:00] content. And there’s nothing necessarily wrong with adjusting your privacy settings, but again, adjusting privacy doesn’t mean the content goes away.

David Bulitt: So I say to you, okay, well, hold on a second. I can go, and I can delete these posts. Nobody’s going to know that they’re there. It’s a private account. I posted these videos with my girlfriend. I can take them down. I post these videos in a jewelry store where I bought my significant other, my paramour, a ring or a necklace, right?

I can take that stuff down, and then I can delete it or archive it, and they’ll never even know it’s there. Yeah, until I issued a discovery where I asked for the archives.

I’m your client again. What do you do to me? I don’t know how to get an archive. I don’t know how to archive that stuff.

Christopher Castellano: I have no idea. What happens in that situation is it turns into an ugly and expensive discovery dispute, and you’re going to end up paying for it one way or the other, and you’re going to end up paying for it through attorney’s fees, assuming you have an attorney, to go in front of the court and argue.

What you’re doing is [00:17:00] either correct or incorrect from your standpoint, and argue about whether you are forced to give up that information. It’s usually not going to accrue to your benefit to hide evidence, just like it is with hard paper evidence, as it is with electronic evidence.

David Bulitt: We can’t change what happened in the past. What’s there is there. What’s done is done. And they’ll find it. They’ll see it. But what do you tell your folks going forward in terms of how, if at all, to modify their social media behaviors, both in a custody case and or in a financial-based case.

Christopher Castellano: Just like with emails and texts, and I use that as a backdrop for almost everything, right? Assume that a judge is going to read every single thing you write. That’s what I tell my clients. Assume it. Everything you write is going to a judge. You know, people use a program called Our Family Wizard.

It’s another thing for custody cases of communications between two parents, emails, text messages, all that form of communication. It’s no different than social media.

[00:18:00] Assume that a lawyer is going to print that piece of paper out that shows that communication, that post, or, quite frankly, bring that video, that reel, or that TikTok video into court and show the judge what it says, what it exhibits.

It shows that you’re disparaging the other side, that you can, in fact, work, but you’re playing golf, or whatever it may be. That damaging post can be shown, and the idea is to think before you post. I think that’s the biggest takeaway. Think before you post, because it’s going to go before a judge.

David Bulitt: We could probably go on about this for ages, but I want you to drill down to two or three real pieces of advice that you would give to any particular client when it comes to social media, under the context of a family law case, divorce, custody, child support, alimony, whatever the issues may be.

Christopher Castellano: Not to harvest from what I just said, but think before you post. Evaluate all of the [00:19:00] on how you use your social media as a second point. Evaluate, am I using it in an active way? Am I using it in the right, responsible way? And thirdly, what I would say is really kind of examine who has access to the social media.

Is it out there for the world to see? And do I like what is out there?

David Bulitt: Chris, this has been really, really interesting, and I think very useful for a lot of people. Because, as I said, most people would be listening to pieces of this on social media anyway. So they’re already there.

If folks want to get a hold of you to talk to you about their case or get some advice, what’s the best way for them to reach you?

Christopher Castellano: Yeah, absolutely. It’s funny, we’re talking about social media and what you could consider the future of media and communications. But a traditional phone call works best for me. 240-399-7900, and ask to talk to Chris Castellano. A phone call and we can discuss your concerns about social media, and whether it’s your ex-spouse, the parent of your [00:20:00] child, or whatever it may be, we can try to help you out.

David Bulitt: Thanks, Chris. You’ve been great. We appreciate having you on. Folks, this is David Bulitt, and this is JGL Law for You.

JGL Senior Counsel, The Baltimore Sun recently asked Michal Shinnar to comment on recent developments in the Internal Affairs Division:

The Maryland State Police is moving the unit’s sworn investigators to barracks across the state and bringing in new commanders, the agency confirmed Monday. Police spokeswoman Elena Russo said in a Monday statement that the moves are a part of “plans to rebuild and strengthen our IAD to provide quality and timely services to our personnel and to the communities we serve.” She cast the move as part of a broader effort by the superintendent to improve the statewide law enforcement agency alongside his “commitment to ensuring excellence.”

While sworn investigators are being rotated back out to the Field Operations Bureau, the Internal Affairs Division’s civilian personnel will “remain consistent,” Russo’s statement said. The steps by the superintendent, Colonel Roland L. Butler Jr., follow recent news of a settlement with the U.S. Department of Justice to remedy what the proposed consent decree calls “unintentional discrimination against African American and female applicants” through the state police testing process. It also comes amid ongoing litigation alleging racial discrimination against troopers of color, which a federal judge allowed to move forward last month.

The department did not directly answer questions about what spurred the moves but said Monday it was unrelated to the DOJ consent decree and the lawsuit. An agency-wide personnel order sent Friday listed the following transfers out of the Internal Affairs Division: two corporals, one detective sergeant, six sergeants, one lieutenant and one captain. The only sworn members being transferred into Internal Affairs on that personnel order were a captain and a lieutenant. The moves go into effect Wednesday, according to the order. The agency said Monday evening that administrative investigations would be conducted by state police personnel, and that “serious cases” would be “temporarily assigned to our seasoned investigators.”

Russo said administrative investigations will continue to be overseen by the Internal Affairs Division command staff. A website for the Internal Affairs Division lists nine full-time investigators who “are geographically assigned to local barracks statewide.” If that holds true, it’s possible those nine were the two corporals and seven detective sergeants transferred out. The website does not list civilian roles in the division. In a Friday email to the agency’s staff, Butler addressed the changes with similar wording to Russo’s statement. He said the agency was “currently implementing plans to rebuild and strengthen our IAD to provide quality and timely services to all,” calling it “another step taken in our commitment to ensuring excellence.

“Best practices, along with the feedback we receive, will remain instrumental in improving our processes moving forward,” Butler wrote. “Thank you for your trust and patience as we preserve our legacy as ‘Maryland’s Finest.’ “A state government website shows Internal Affairs falling under Butler’s purview, in the Office of Secretary, or the Office of the Superintendent, as itis referred to in budget documents. That part of the budget, which also include diversity initiatives, legal counsel, the media team and others, made up roughly 7.6% of the agency’s overall $615.3 million budget in the current fiscal year, according to a state analysis of the agency’s budget. The department’s recently announced proposal to resolve the Justice Department investigation includes $2.75 million being set aside for prospective troopers who were discriminated against, as well as improvements to physical and written hiring tests.

The consent decree, which lays out those terms, is subject to approval in federal court. According to that document, filed in U.S. District Court, 19 Black applicants and 29 female applicants would have been hired if not for the discrimination tests. At the time the Justice Department announced the investigation, the U.S. Attorney for Maryland, Erek L. Barron, told The Baltimore Sun that the probe would examine how the agency hires, promotes, trains, disciplines, and makes special opportunities available to employees.

Micha Shinnar, an attorney representing troopers of color in the lawsuit seeking class-action status, noted that their complaint alleges “the numerous and serious ways that Internal Affairs was engaged in discrimination against officers of color at Maryland State Police.” Her clients, three current and former troopers, alleged a longstanding pattern of discrimination through discipline, retaliation, and the denial of promotions. They are seeking policy changes, a monitor to oversee the agency and individual relief.

Among other things, the complaint argued troopers of color were disciplined for minor or nonexistent policy violations, with punishments that exceeded recommendations and investigations that took long periods of time. One plaintiff in the complaint, for example, was suspended for 301 days during an investigation into an alleged one-hour error in his timecard, according to the complaint. “We hope Maryland State Police will take all steps to ensure this discrimination stops,” Shinnar said.

Artificial Intelligence (AI) has become a household phrase and is only growing in ubiquity. The tools implementing “AI” are increasingly being used to assist with various tasks, such as writing music, creating images, and even answering legal questions.

There is no question that AI has and will continue to usher in a new age of convenience and the sense that one can tackle any issue they are faced with. However, the sense of confidence provided by AI carries with it significant risk and for individuals seeking to represent themselves whilst using AI tools, doing so can be to their detriment. Let’s explore the potential dangers of AI in the context of handling your divorce case.

1. AI Lacks Personal Knowledge of Your Unique Situation

No two divorces are the same. While technology is advancing, AI lacks the ability to understand subtle facts and laws in order to employ unique strategy decisions. Meaning, a computer can’t think like a human. This is because the result of any AI prompt is derivative of prior circumstances known to the AI database. Therefore, using AI tools may prevent you from developing a strategy specific to your set of facts. For example:

  • Child Custody Issues: Determining the best interests of the child in a custody dispute is not a simple task. Maryland courts consider a variety of legal factors. Assuming AI tools are able to accurately determine the legal factors, applying your unique facts to those legal factors weighed in the context of your case and your opposing party’s position is a task that AI is unable to perform at a level necessary for your case.
  • Property Division: Maryland is an “equitable distribution” state, meaning property acquired during the marriage is divided fairly, but not necessarily equally. Like with custody cases, Maryland courts consider several legal factors and again, AI may not accurately balance the equities of parties in order to deal with assets like retirement accounts, family businesses, or real estate holdings.

2. AI Cannot Navigate Court Procedures and Legal Nuances

The divorce process in Maryland involves an understanding of specific legal procedures, statutes, rules, and decades of case law. While AI can help you generate forms or define legal concepts, it is oftentimes a flawed process that leads to obvious inaccuracies.

  • Filing and Documentation: Mistakes in filing forms or drafting motions can lead to significant adverse outcomes, including the risk of a court ordering that you pay attorneys fees due to your submission of documents to the court that contain inaccuracies.
  • Courtroom Representation: If your divorce proceeds to court, AI cannot represent you. While the concept may make for an interesting movie premise, the reality is that you are “on your own” in front of the Court and AI as a crutch is unavailable to you.

3. AI is Likely to be “Out of Date” on Maryland-Specific Family Law Concepts

While AI can pull from vast amounts of legal data, it is likely to be out of date when it comes to recent changes or updates in Maryland family law. Laws and court rulings change over time, and even a small change in legislation or case law can impact the outcome of your divorce.

For example, Maryland has recently seen a change to the grounds for divorce and AI systems are unlikely to be updated to incorporate these changes, which will have a significant impact on any prompt you submit.

4. AI is Incapable of Drafting a Long-Term Successful Agreement

Divorce settlements can have long-lasting effects on your finances, property, and parenting arrangements. Mistakes made during the negotiation and drafting process due to a reliance on AI can be difficult and expensive to correct after the fact. For instance:

  • Child Support and Alimony: Calculating child support or alimony involves multiple factors, and AI may not consider all the nuances required by Maryland law. A miscalculation in these areas could leave you financially vulnerable or locked into an unfair agreement.
  • Enforceability of Agreements: If you use AI to draft a separation agreement, they may not meet the legal standards required by Maryland courts, a concern that may only be apparent months or years after the fact and lead to significant and costly litigation in the future.

Conclusion: The Value of Legal Expertise in Maryland Divorce Cases

While AI can be a helpful supplement in some areas of life, it is not a substitute for professional legal advice, particularly in the arena of your domestic legal case. Maryland’s family law system is complex, and the stakes are too high to rely solely on AI-generated information or documents. A skilled family law attorney can provide personalized advice, an understanding of the legal system, and the ability to advocate for your rights in a way that AI simply cannot. If you’re considering representing yourself in a Maryland divorce with the help of AI, caution is warranted. The potential pitfalls are numerous, and the long-term consequences can be severe. By working with an experienced family law attorney, you can ensure that your rights are protected, your case is handled properly, and you can move forward with your life on solid legal footing.

If you have questions about your divorce or need assistance with your case, feel free to contact our office. We’re here to help you through this challenging time with the expertise and care you deserve.

JGL Principal Lindsay Parvis has just been named to the 2025 Lawdragon Leading Family Lawyers guide. Lawdragon has published guides to the most elite U.S. lawyers since 2005. The 500 Family Law honorees are selected through submissions, journalistic research and editorial vetting from a board of peers. The recognition is published online at lawdragon.com

The Maryland Supreme Court has ruled that the future of Harborplace, a revitalization project of five new buildings — a mix of retail, office and residential space — along a completely reimagined waterfront promenade in Baltimore, will be decided by voters. A lower court judge previously ruled the ballot question was unconstitutional.

Tim Maloney and Alyse Prawde represented the Harborplace developer, MCB HP Baltimore LLC, before the Supreme Court, arguing that ballot Question F is constitutional and should appear on the ballot. Now, voters will be able to decide whether the developer will be able to execute plans to rebuild the Baltimore Inner Harbor.

Click here to read the complete article in The Baltimore Banner.

What’s a QDRO?

It’s a Qualified Domestic Relations Order, used to transfer retirement from one spouse to another in a divorce (or for child support or alimony). It can go by different names (Court Order Acceptable for Processing/COAP or Domestic Relations Order/DRO), based upon the type of retirement plan involved.

For this blog, I’ll use QDRO for all types of orders just to keep things simple. Please know, though, that QDROs and retirement transfers are not at all simple.

Why is a QDRO needed?

A QDRO transfers retirement from one spouse (the spouse who holds the account or participates in the pension plan) to the ex-spouse.

Not all retirement assets require a QDRO. IRAs are an example of a retirement plan that (usually) allows a transfer using the plan’s form instead of a court order. This is where doing your homework about what kind of plan it is and what type of order is needed can pay off.

What type of retirement plans need a QDRO?

Pensions and 401k-type plans are the most common.

What does a QDRO transfer?

Pensions (defined benefit plans): A QDRO is used to transfer some of the monthly pension payment to the ex-spouse, as well as the right to survivor benefits (so, benefits paid after the death of the employee) after divorce.

Other types of retirement (defined contribution plans): A QDRO is used to transfer a lump sum to the ex-spouse, and may keep them entitled to survivor benefits until the transfer is complete.

Why not just cash out retirement to pay my ex?

Because this can have big – and unnecessary – tax consequences and early withdrawal penalties. Your ex may have the option to cash out some of the retirement when the QDRO is processed by the retirement plan, but that’s their decision, and the tax consequences are theirs.

When should I get a QDRO prepared?

If settling your divorce with an agreement, ideally the QDRO is prepared and signed at the same time. If not then, then as soon as possible after. Again, ideally, before the divorce is granted.

If settlement is not an option and you will have a trial, then ideally give the Judge a QDRO during your divorce trial. Or, have it prepared right after the appeal period has passed.

Delay is not a QDROs friend. Ex’s move and lose track of addresses (which are needed). If the retirement plan doesn’t calculate gains and losses, documents may no longer be available to do the calculation. Worse yet, exes pass away or retire, without orders in place, so retirement may not go where it’s supposed to, leaving exes to fight with an estate or having to collect money from their ex.

Who prepares the QDRO?

Sometimes your divorce attorney will.

Sometimes they will hire an attorney to draft the QDRO, while the divorce attorney handles communications with your ex or ex’s attorney and files the QDRO with the Court.

What’s not a good idea: preparing a QDRO yourself. Many plans have form QDROs. Filling in and using the form may get the desired outcome or it may lead to unintended consequences. When retirement is one of the biggest assets many people have, it’s not worth gambling with “fill in the blank”.

What steps are involved in preparing a QDRO?

Usually:

  1. A settlement agreement or Judgment of Absolute Divorce that spells out what’s to be transferred.
  2. Preparing the QDRO. This may also involve having the draft QDRO reviewed & approved by the retirement plan (which may require a fee for review).
  3. Trying to get your ex to sign off on the QDRO. If unsuccessful, skip to #4.
  4. Submitting the QDRO to the Court.
  5. Getting the QDRO back from the Court & getting certified copies.
  6. Submitting certified copies of the QDRO (and usually other documents, like settlement agreement and Judgment of Absolute Divorce) to the retirement plan.
  7. Awaiting the plan to review, process and accept the QDRO. If rejected, then starting back at #2 with a revised QDRO that meets the plan’s requirements.

Conclusion

It’s not worth gambling with retirement. Working with an experienced family attorney and QDRO attorney can help you protect your retirement interests, which are often one of the most valuable assets in a divorce.

It’s September, back to school time, and are we ready? Will we be able to protect our teachers from harm?

The workers’ compensation system is central to supporting victims of school violence.

There are new ways that workers’ compensation statutes will have to adapt to the wave of violence in the workforce.

Today, we focus on the harm to teachers in classrooms from lack of support and the traumatic scars of post-traumatic stress disorders and concussions. We already face problems finding enough teachers, and yet we lose many due to injuries that could be prevented.

For almost 40 years, and continuing, it has been an honor to represent our educators. However, not until recently, have I had to guide as many teachers to file claims and protect themselves. For you see, beyond being dedicated people who take the future of our children seriously, they actually love the kids they teach. So, when a teacher is head-butted by a special needs child, when there was no backup in the classroom, and sustains a concussion that leaves him or her without the ability to return to his or her career, it’s complicated. He or she is angry, and in pain, but healing is difficult because he or she does not assign blame to the child that was in his or her care. In psychotherapy, the teacher is conflicted.

According to the MDedge article published by Sejal Parekh, April 8, 2024, similar violence is also on the rise against health care workers, especially in the emergency rooms. There is not enough support for persons with autism, according to Beth Burt, executive director of the Autism Society Inland Empire. ” The smells, lights, textures …can sometimes overstimulate a person with autism, and they can struggle to articulate their feelings which can result in a violent outburst.”

Some children are simply aggressive and commit assault with items and with force. For example, a teacher is afraid to turn her back on the class to write on the board because last week a student threw a stapler at her head.

Rarely is a criminal complaint made against the children. The child remains in the system, the teacher is the one who leaves. Teachers report that when it comes to physical violence, 56 percent of teachers have had incidents. According to the American Psychological Association, Journal, May 30, 2024, violence, aggression against educators grew post pandemic, and caused an increase of teachers sending in their resignations and filing for retirement.

In workers’ compensation, the teacher has limited options, but at least there is some support. Some jurisdictions, such as Prince George’s County have “assault leave” that can be provided in certain circumstances, in addition to workers’ compensation. But there is no remedy to go against the school system in liability after filing for benefits. The case being watched is out of the Commonwealth of Virginia right now, set to go to trial in 2025 filed by a teacher shot by a 6-year-old child in school. She filed for workers’ compensation, but she also won a summary judgement to go forward with her liability claim against the school. Will workers’ compensation remain the exclusive remedy if chosen in Maryland? Last year I suggested we pass legislation that would make the employer liable if 1- it was aware of the danger and 2 – its failure to act on it caused harm.

For now, we try our best to make sure that the teacher gets immediate care, whether it is with a concussion clinic, or counseling, or surgery and rehabilitation. However, many insurance carriers in workers’ compensation are not eager to immediately provide the care and want their own IME, independent medical evaluation, and a hearing. This is very detrimental in an assault case, as it does not allow for the time sensitive care and often makes matters worse. I have seen delay, even in neurodiagnostic testing in evaluating the head claims.

A fractured leg will usually heal. A psychological trauma might not. Workers’ compensation can offer vocational rehabilitation, but it is often not the answer for these teachers who are highly educated. Many have left to pursue different career paths. A workers’ compensation permanent partial award for their residuals, may just not be enough. And it certainly doesn’t help our schools to lose another teacher when these injuries could be avoided.

Michal Shinnar, one of the attorneys representing those plaintiffs, said her case is broader than the settlement, which appears specific to hiring. Her clients allege that officers of color faced harsher disciplinary action than white troopers and were promoted less often, among other claims.

She said her clients’ suit does not preclude them from benefiting from the settlement. U.S. District Court Judge Brendan Hurson earlier this month rejected the state’s motion to dismiss the case.

“Overall, we see this as a very positive thing for our case,” Shinnar, of the firm Joseph Greenwald and Laake, told The Daily Record.

Click here to read “Maryland State Police seeks $2.75M to settle claims of racial discrimination”

The FBI raided the offices of public sector IT contractor Carahsoft on Sept. 24, 2024. The raid of Carahsoft’s Reston, Va. headquarters appears linked to allegations that the major federal contractor had for years violated a cornerstone law that makes it illegal to arrange agreements between competitors to control prices for services provided to the government.

Carahsoft is under investigation alongside SAP, Accenture and other firms for allegedly violating the False Claims Act, which involved efforts to defraud government agencies for years. Frustration has mounted among DOJ lawyers, who claimed in court proceedings that the government’s document requests and inquiries appeared to be delayed or unfulfilled by Carahsoft. For more than a year, Carahsoft has not fulfilled requests to produce transaction records (including but not limited to the communications, solicitations, proposals, quotes, bids, award notices, orders, purchase orders, and invoices) for even a single project for the Justice Department and others involved.

According to Jay Holland, the Justice Department may have reached a tipping point in its investigation and decided the best course of action was to raid the company to preserve evidence. False Claims Act investigations vary case by case, but if a raid was launched, he said, it’s a sign that a significant amount of investigative work was carried out prior to that. “They’re not going to start out by raiding companies headquarters,” Holland said. The DOJ “would have done a significant amount of investigation … and determined that the gravity of the case warranted it.”

Read “FBI’s Carahsoft raid tied to years of price fixing allegations with other vendors” on the Nextgov/FCW website.

For most, social media is now a ubiquitous tool that connects us to friends, family, and the world. We share our triumphs and tribulations, often in real-time. But in the emotionally charged arena of a divorce action, seemingly harmless posts, photos, and comments could have significant consequences. This blog entry will explore the hidden dangers lurking behind your social media posts and provide some general ideas on how to navigate your digital landscape during a divorce.

While seemingly innocuous, your online activity can be, and often is, used as evidence in divorce proceedings. Here’s how:

  • Proof of Adultery or Inappropriate Behavior: Photos and posts documenting romantic relationships, late-night outings, or even suggestive comments can be used as evidence of adultery or other behavior. Even if the posts are not public, they are generally susceptible to discovery through subpoenas or forensic analysis.
  • Financial Discrepancies: Exhibiting lavish purchases, vacations, or new assets while claiming financial hardship in court can damage your credibility to a judge.
  • Parental Fitness Concerns: Posts depicting excessive partying, including alcohol use, even if it is responsible, can often lead to questions being raised about parental fitness. Caution should be employed when your posts depict routine partying, drinking, etc.
  • Contradictory Statements: Statements made on social media can contradict statements made under oath or in legal documents. For instance, the claim that you are unable to work due to health reasons and therefore you need support, but you post pictures of a recent ski-trip may cause a court to question your credibility.
  • Evidence of Harassment or Disparaging Remarks: Using social media to harass, threaten, or disparage your spouse can not only negatively impact your case but can also lead to separate legal issues, such as protective orders. Additionally, in the event that custody is at issue, it can lead to you being viewed in an adverse light due to your perceived inability to show proper judgment.
  • Location and Activity Tracking: Check-ins, location tags, and posts about your activities can be used to establish your whereabouts and contradict claims about your schedule or parenting time.

The best approach to social media during a divorce is caution. This does not mean avoiding social media altogether, but rather, being more judicious with how and what you post. Here are some essential tips:

  • Privacy Settings Are Not Foolproof: Increasing your privacy settings is a good first step, but does not guarantee your protection. Assume anything you post can be seen by the court.
  • Refrain from Posting About Your Divorce: Avoid discussing your case, your spouse, or any related matters online. This includes venting your frustrations, celebrating perceived victories, or seeking advice from friends.
  • Think Before You Post: Before you post, consider the potential implications, including foreseeable comments. Ask yourself: Could this be misinterpreted or used against me?
  • Preserve Evidence: Just as social media can be a tool used against you, it is one that you can wield as well. Therefore, if you believe your spouse’s social media activity is relevant to your case, take screenshots and preserve them in a secure location. This information should be shared with your attorney.
  • Consult with Your Attorney: Before making any decisions regarding social media, including pausing your social media presence, discuss your concerns and strategies with your Maryland family law attorney who can provide you with specific advice based on your case.

Conclusion:

Navigating a divorce is already complex and emotionally challenging. Don’t let social media exacerbate vulnerabilities in your case. By understanding the potential benefits and pitfalls of social media, you can take proactive steps to protect yourself and minimize your risks. If you are considering or involved in a divorce in Maryland, contact an experienced family law attorney to discuss your case and develop a comprehensive legal strategy. Your online activity matters – treat it with the seriousness it deserves.