In recent months, a number of state legislatures have attempted to restrict and criminalize abortion. Maryland is not one of these states. In Maryland, a woman has an unquestioned right under state law to terminate their pregnancy at any time prior to the medical viability of a fetus to survive outside of the womb, or […]
Read MoreThe answer is six months. Under the old version of Maryland’s divorce law, a couple must have been separated for twelve months. Under the new version of Maryland’s divorce law, the required separation period has been reduced by half. The new law goes into effect on October 1, 2023. Md. Fam. Law Code, § 7-103. […]
Read MoreThere are copies of documents you will need for your divorce in Maryland. If you are thinking about seeking a divorce, gathering copies of those documents is one thing that you can do to plan for your divorce. There are some good reasons to do this. First, you may not be certain, at this time, […]
Read MoreParents who want to pay more child support can voluntarily do so. The key word in that sentence is voluntarily. During a divorce, many parents decide not to fight too hard about the amount of child support that they will be obligated to pay. Many are guilted by the other parent or agree to higher […]
Read MorePart of obtaining a divorce here in St. Mary’s County and in other parts of Southern Maryland is having the Maryland divorce court divide the couple’s marital property. Maryland divorce courts are instructed to divide marital property “equitably.” This does not mean “equally,” and this fact causes a great deal of confusion for those contemplating […]
Read MoreThe complexities of family life following separation or divorce are no small feat. The emotions, the legalities, and the sheer enormity of the decisions to be made can be overwhelming. One crucial aspect of this journey is the creation of a parenting plan. This legal document can seem intimidating, but it is essential for ensuring […]
Read MoreYes, there can be advantages to filing first when you know that it is time to get divorced. In fact, you should hurry and file for divorce first in three circumstances: Where one spouse is in fear, apprehension, and danger from the other spouse Where you believe your spouse is considering — or is actively […]
Read MoreThere is a lot of confusion about child support payment obligations when a couple gets divorced here in Waldorf, Maryland, or in other parts of Southern Maryland. In this article, we debunk some of the common myths about child support. If you are thinking about obtaining a Maryland divorce and have questions about child support, […]
Read MoreMaryland lawmakers have substantially revised Maryland’s divorce laws. The new law takes effect on October 1, 2023. If you have questions about obtaining a divorce in Maryland, call us here at the Law Office of Robert Castro at (301) 705-5253. We are seasoned and skilled divorce and family law attorneys located in Waldorf, Maryland. We […]
Read MoreGetting a divorce in Waldorf can be a bit confusing and worrisome. However, Maryland has some of the least complicated divorce laws in the nation, and with some legal assistance, you can get your divorce finalized quickly and efficiently. If you have questions about Maryland divorce law, call us here at the Law Office of […]
Read MoreThe often emotional and complex world of child custody is a challenge for any parent. The challenges become even more pronounced when parents seek modifications to existing custody arrangements. If you are a parent in Maryland grappling with the thought of modifying your child custody agreement, it’s essential to understand that it’s not a closed […]
Read MoreNo, there is no official legal method for divorcing parents to agree to waive child support payments. Further, parents should never unofficially agree to waive child support payments. If circumstances have changed in such a way that child support is no longer needed by the custodial parent or the payment amount is no longer accurate […]
Read MoreWhen a couple obtains a divorce in Maryland — and if there are minor children from the marriage — custody of the minor children is one of the more important tasks that must be undertaken by the Maryland divorce court. The divorce court has wide discretion and a wide range of options. For example, concerning […]
Read MoreDivorce involving military service personnel creates a number of specialized legal problems. The first involves the question of filing for divorce in Maryland (as opposed to some other State). To qualify for filing a divorce action in Maryland, at least one spouse must live in Maryland. Maryland also allows servicemembers to file for divorce in […]
Read MoreYes. It is not easy, but a parent can ask a Maryland divorce court to modify an existing child custody order. In terms of difficulty, there is a “sliding scale” of sorts, and parental agreement (or disagreement) will be a large factor too. In explanation, if the request for modification is something small — like […]
Read MoreIf you are seeking a divorce in Waldorf, MD, and there are minor children from the marriage, then one of the decisions that will be made by the Maryland divorce court involves which parent (or parents) will be awarded custody of the children. In reality, this is not just one decision since there are two […]
Read MoreAs we have discussed in recent articles, Maryland has recently changed its divorce laws. The new law takes effect on October 1, 2023. One of the more important changes is the abolition of Limited Divorces. Starting in October 2023, if a couple seeks a divorce, the only option will be an Absolute divorce. Indeed, all […]
Read MoreYes. As discussed in our previous article, in mid-May 2023, Maryland adopted a new divorce law that abolished the old “for fault” grounds for divorce. The new Maryland divorce law will take effect on October 1, 2023. Under the old Maryland divorce law, there were several “for fault” grounds that could be cited by either […]
Read MoreMaryland has just overhauled its divorce laws. The new law takes effect on October 1, 2023. In summary, all “for fault” grounds for divorce have been abolished, and there will be no more limited divorces allowed. The new Maryland divorce law was signed by the Maryland Governor on May 16, 2023. Under the old Maryland […]
Read MoreYes, if the other spouse is earning substantially more than that amount or other factors justify such an award. Here in Waldorf, MD, and other parts of Southern Maryland, divorce courts use awards of alimony to create some sort of equity — or “economic justice” — between the spouses in their post-divorce lives. One of […]
Read MoreIn this article, the experienced Maryland divorce attorneys at the Law Office of Robert Castro explain a bit about how and where divorce papers are filed. If you need a consultation on divorce in Maryland, call us at (301) 705-5253. We are divorce attorneys in Waldorf, Maryland, providing legal services for clients throughout Southern Maryland. […]
Read MorePrivacy is important to everyone in today’s world, including those couples seeking a divorce here in Waldorf, Maryland. In fact, some couples want to keep EVERYTHING about their Maryland divorce private and away from prying eyes, including the fact that a divorce is being sought. However, it is not possible to have a purely private […]
Read MoreYes, in Maryland, it is possible for a married couple to privately agree and execute a Marital Separation Agreement rather than seek a Limited Divorce. In Maryland, a couple can file for a Limited Divorce or an Absolute divorce. The former is a court-approved separation of the couple, leaving them still legally married but living […]
Read MoreYes. As long as you have lived in Maryland for at least six months before filing, you can file for divorce here in Waldorf, Maryland, even if your spouse lives in Canada (or another country). However, a Maryland divorce involving a foreign-based spouse will be extra complicated. So, you will need the help of experienced […]
Read MoreYes, it is possible for a Maryland divorce court to make a determination that it would be in the best interests of the children to have their custody split between the parents following their divorce. This is rare since most Maryland divorce court judges favor maintaining a cohesive family unit among minor children. However, each […]
Read MoreThe answer is “yes.” Under Maryland laws and court procedures, it is possible for a person to file for divorce here in Charles County, Maryland, without hiring an experienced divorce attorney. Indeed, the Maryland court system has a convenient fill-in-the-blank divorce complaint that can be found here. In this article, the top-tier Maryland divorce lawyers […]
Read MoreIn Maryland, there are two types of divorces. One is called an “absolute divorce,” and the other is called a “limited divorce.” An absolute divorce is a divorce that completely, permanently, and officially ends the marriage between the husband and wife. This is “divorce” as most people think of the idea. By contrast, a limited […]
Read MoreMaryland does not allow common law marriages but DOES recognize the legality of common law marriages if such are legal in other states. This is important because if you have been in a common law marriage in another state and you recently moved to Maryland, you can be eligible to seek a divorce under Maryland […]
Read MoreMany have heard of prenuptial agreements, but many are less familiar with the idea of post-nuptial agreements. In this article, we will discuss concepts related to the latter type of agreement. Note that both types of agreements are between persons who are about to become married or between those who are already married. Further, both […]
Read MoreEven when spouses are in heated and angry disagreement about issues in their divorce, there are often other things about which the spouses are in alignment. Indeed, to keep costs down and to shorten the length of the divorce case, the spouses should try and agree on as many issues as they can. To document […]
Read MoreIn brief, yes. However, ending child support payments will not automatically mean that a Maryland divorce court will increase alimony payments. If you have questions about Maryland divorce and alimony, call us here at the Law Office of Robert Castro at (301) 705-5253. We are seasoned and skilled divorce attorneys in Waldorf, Maryland. More details […]
Read MoreIn general terms, dissipation of marital assets is when one spouse uses marital assets for things that are not for the married couple or the family. This can be thought of as wasting marital assets. Some spouses waste marital assets as a method of “punishing” the other spouse and trying to ensure that the other […]
Read MoreLike many States, Maryland divorce laws distinguish “separate” property from “marital” property. This is important when a married couple gets divorced because ALL marital property is equitably divided between the spouses when they divorce. However, separate property is NOT divided. Rather, separate property remains owned by whichever spouse owned that property from before and during […]
Read MoreIf you are thinking of getting a divorce in Waldorf, Maryland, one of the most urgent questions is: how much alimony will I receive or have to pay? There is no formula for Maryland alimony or any sort of mathematical alimony calculator in Maryland. However, a couple of States DO have formulas that can be […]
Read MoreIn Maryland, divorcing couples have a choice between seeking a “Limited Divorce” or an “Absolute Divorce.” An absolute divorce is what most of us consider to be a “divorce.” An absolute divorce completely ends the marriage and severs the legal connection between the spouses. By contrast, a limited divorce is more like what most of […]
Read MoreIn Waldorf, MD, the difference between “base” child support and “additional” child support is created by Maryland’s divorce statutes. See Md. Fam. Law Code, § 12-204(a)(2). As the name suggests, “base” child support is, in general, child support intended to cover such things as food, housing, clothing, entertainment, etc. Base child support is the minimum […]
Read MoreUnfortunately, if you are arrested for DUI/DWI in Waldorf or other parts of Southern Maryland, your arrest will impact any pending Maryland divorce proceedings. You are going to need some good legal help to make the impact as limited as possible. Call us here at the Law Office of Robert Castro at (301) 705-5253. We […]
Read MoreIf you are thinking it is time for a divorce here in Waldorf, Maryland, or other parts of Southern Maryland, there is some advance planning that you can do. If divorce is in your future, you can obtain a legal consultation from experienced and skilled Maryland divorce attorneys like the ones at the Law Office […]
Read MoreDivorce can be a complex and challenging experience, especially when children are involved. Communication between divorced parents is vital for ensuring the well-being of their children. As the new year begins, it is the perfect time for divorced parents to set communication goals to help them co-parent effectively. In this article, we will discuss the […]
Read MoreYes. There are two relevant Maryland statutes: MD Family Law Code, §10-203 (failure to support a minor child) and MD Family Law Code, §10-219 (desertion of a minor child). However, these criminal statutes are rarely prosecuted. More often, the threat of criminal sanctions is used to spur a parent into honoring their child support obligations. […]
Read MoreIt is not uncommon for one spouse to want a divorce but for the other spouse to be opposed to the divorce. But it does not matter in the long run. If one spouse wants a divorce in Waldorf (or other parts of Southern Maryland), the divorce will happen. Spouses have a right to a […]
Read MoreThe answer is “no” you cannot change the lock or otherwise throw your spouse out of the marital home. Generally speaking, to exclude or evict a spouse during a divorce requires an Order from a court, either from the Maryland divorce court, from a Maryland District Court pursuant to an eviction complaint, or from a […]
Read MoreThe answer is “no.” At a minimum, you cannot stop making your court-ordered child support payments. A Maryland divorce court Order has the force of law, and an Order must be obeyed until the Order is modified. In Maryland, a spouse can request that the court modify its Order if the person has a good […]
Read MoreCrafting a Holiday Child Custody Parenting Plan The holidays are a traditional time when families come together, but in a divorced parent situation, that can be a bit challenging. The common approach is to establish a holiday parenting plan between the two parents when custody is shared. It can be part of the overall child […]
Read MoreIf your ex-spouse has been ordered by a Maryland divorce court to pay child support, that is a binding legal obligation. In other words, your ex-spouse cannot stop making payments. He or she is required to make the payments unless and until he or she gets the court order modified. So, what happens if your […]
Read MoreThe cost of a Maryland divorce will depend on several factors. An uncontested divorce with the assistance of experienced Maryland divorce attorneys will have a cost range of $2,000 to $3,000. A Maryland uncontested divorce is called a “divorce by mutual consent.” For a contested Maryland divorce, the costs will range from $15,000 to $20,000, […]
Read MoreYes. In a Waldorf divorce, it is possible for the Maryland divorce court to order one spouse to pay the attorneys’ fees of the other spouse. Note that the Maryland divorce court can also require that one spouse pay other costs such as the filing fees for the divorce, costs for services like a private […]
Read MoreYes, depending on the facts leading to a divorce, there can be potential advantages to seeking a fault-based divorce here in Waldorf, Maryland. These are: No separation period waiting time and/or no need for agreement between the spouses Having the divorce court assign blame for the divorce Potentially receiving a larger portion of marital property […]
Read MorePostnuptial agreements are a contract between a man and wife that details how a potential divorce would be handled in the future if needed. These agreements weren’t widely accepted in the United States until the 1970s. Even when the contracts began being accepted by the courts, they appeared to be explicitly needed for wealthy couples […]
Read MoreYes, as long as one spouse satisfies the Maryland residency requirements for filing for divorce here in Maryland. In general, in the United States, the authority of a divorce court to grant a divorce is a function of residency — that is, where the married spouses live. This is true for Maryland divorces. If you […]
Read MoreStarting in 2020, Maryland changed its divorce laws to require a “parenting plan” if child custody was an issue in a Maryland divorce. If you need legal assistance with your divorce or parenting plan here in Charles County, call us here at the Law Office of Robert Castro at (301) 705-5253. We have the experience […]
Read MoreA few years ago, Maryland changed its divorce laws to be more in line with divorce laws in other states. In particular, Maryland created a true “no-fault” type of divorce, which is called “divorce by mutual consent.” The older form of no-fault divorce is still valid. That form requires that the spouses file for divorce […]
Read MoreYes. In practice, there are two methods of waiving alimony under Maryland divorce laws. The most common method is to draft and sign an agreement to waive alimony in the event of divorce or separation. This is often included as a provision in a Maryland prenuptial agreement or, sometimes, contained in a separate written agreement. […]
Read MoreDivorce issues and family law are some of the most difficult issues anyone can deal with. When a marriage ends, deciding what happens to the children can affect the couple, ending their relationship for years and their children for a lifetime. Do you need help deciding on a child visitation schedule? It could be an […]
Read MoreOne of the eligibility requirements for obtaining a divorce in Waldorf, MD, is that one or both spouses must meet the statutory residency requirement. In this respect, Maryland is similar to most States in the United States. However, unlike most States, with a couple of exceptions, Maryland does not generally require that the spouses live […]
Read MoreIf you are seeking a divorce in Charles County, Maryland, or other parts of Southern MD, you will need legal help if your spouse is hiding or has disappeared. This sometimes happens if one spouse has abandoned the marriage or is actively opposed to the divorce. If you are having this problem with respect to […]
Read MoreUnder Maryland divorce laws, you cannot change or modify your child support payment obligations without seeking a modification of the Maryland divorce court’s order. Child support is generally ordered after a Waldorf, Maryland divorce proceeding. That Charles County, MD divorce court order is binding until it is modified (or expires). It is not even legally […]
Read MoreYes, a Maryland limited divorce can be permanent. The statute uses the term “indefinite.” See Md. Code, Family Law § 7-102(b). This is a choice that can be made by the spouses in question, although more typically, a limited divorce is a precursor to the couple obtaining an absolute divorce. If you have questions about […]
Read MoreMany here in Waldorf and Charles County, MD, are familiar with divorce as a method of ending a marriage under Maryland divorce laws. But an annulment is another method of ending a marriage (although, legally, an annulment results in the voiding of the marriage rather than a termination of a Maryland marriage). Instead of an […]
Read MoreIt is not uncommon for a divorced spouse to remarry. However, in Maryland divorce cases, remarriage does not automatically change anything that the Maryland divorce court ordered, including any order requiring payment of child support. Thus, as an initial matter, if your ex-spouse gets remarried, that does not impact the court’s order and does NOT […]
Read MoreComplying with the agreed child visitation might not be easy for some. Over time, something might have changed in your life as a parent while under the child visitation rules, which could be remarrying, loss of employment, or relocation. Any life changes to separated or divorced parents could play a vital role in modifying the […]
Read MoreWith the prevalence of divorce, cases of malicious mother syndrome are increasing. This is a behavior where feelings of resentment result in one parent using manipulative tactics to portray the other parent as bad. If you are experiencing this behavior, you should see a family law attorney. At the Law Office of Robert Castro, we […]
Read MoreIf you are seeking a divorce in Waldorf, Maryland, call us here at the Law Office of Robert Castro at (301)705-5253. We are top-tier family law and divorce attorneys for cities and counties in Southern Maryland. Call us particularly if there are minor children involved. We are experts with respect to Maryland divorce child custody […]
Read MoreYes. Under Maryland divorce law, wages and other earnings can be garnished by Maryland divorce courts to pay alimony. This is also true for child support payments and the rules are essentially the same for alimony and for child support. If you need help obtaining a wage garnishment for unpaid alimony, need legal assistance if […]
Read MoreWhen a couple with minor children seeks a divorce in Waldorf, Maryland, issues with respect to child custody are often legally confusing. One source of confusion is that, under Maryland divorce law, there are actually TWO types of custody with respect to minor children — physical custody and legal custody. In this article, we will […]
Read MoreIn Maryland divorce cases, if minor children are involved, the Maryland divorce court will issue an award of child support. For decades now in Maryland, a wage garnishment order is issued as part of a divorce. So, to answer whether your spouse can garnish your wages for child support, the answer is “yes” and “it […]
Read MoreUnder Maryland divorce law, alimony and child support are two separate and distinct types of payments that can be ordered by a Maryland divorce court when a couple seeks to dissolve their marriage. Alimony is payment made by one spouse to the other for spousal support. That is, the money goes to the spouse to […]
Read MoreLike many States, Maryland divorce laws have created guidelines for how much parents should be paying in child support following a divorce in Waldorf, MD. For Maryland divorces, the statute provides a “grid” which lines up the combined income of the parents and the number of children that are in need of support after the […]
Read MoreIf there is proof that your spouse committed adultery during your marriage, it may have several potential impacts on your divorce. If this has happened in your marriage, call us at the Law Office of Robert Castro at (301)705-5253. We are family law attorneys in Waldorf, Maryland. Here is some information about how adultery can […]
Read MoreInterestingly enough, a recent Maryland court ruling suggests that, yes, there can be three (or more) parents in a Maryland divorce custody fight. See E.N. v. T.R., 255 A. 3d 1 (Md: Court of Appeals 2021). The reason for this is that, in 2016, Maryland’s highest court adopted what is called the de facto parent […]
Read MoreIf you are planning to seek a divorce here in Charles County, Maryland in the near future, be aware there have been some changes made to Maryland divorce laws. Many of these changes were enacted into law in 2020 and in 2021. However, they are slated to go into effect starting July 2022. If you […]
Read MoreA marriage can break down at any time, sometimes after just a few weeks, and in other cases more than 20 years. But does the length of the marriage actually matter when it comes to the laws governing divorce? The short answer is “yes,” at least with respect to alimony and division of marital property. […]
Read MoreAmong other things, when a couple here in Charles County Maryland divorces, under MD divorce law, any and all marital property must be “equitably” divided. That often means a 50/50 split of the divorcing couple’s assets (and debts), but, since the property division is based on “equity,” sometimes the split is not equal. The final […]
Read MoreA Marital Settlement Agreement (MSA) is often used in Maryland divorce cases to resolve outstanding issues between the parties. An MSA may include an understanding regarding child custody arrangements, although the final decision on such matters is always in the hands of the court. While a judge is not strictly bound by a parental agreement […]
Read MoreWhen it comes to child support, both parents should follow certain guidelines provided by the law. They are supposed to cooperate and have an acceptable agreement on splitting and sharing the responsibilities. The child support guidelines don’t care whether they are divorced, don’t live together, or are not married. The parties involved must follow all […]
Read MoreDivorce does not need to mean a lengthy, drawn-out court battle. Many couples benefit from mediation. This is a process where a neutral third party facilitates discussion–and hopefully an agreement–between the parties about key issues affecting the divorce, such as division of property and spousal support. Voluntary vs. Court-Ordered Mediation In Maryland, mediation can be […]
Read MoreA Maryland court can modify an existing child custody or visitation order when there has been a “material change in circumstances that affects the welfare of the child.” This means that a parent cannot simply re-litigate an already decided issue with respect to custody. At the same time, the definition of a “material change” can […]
Read MoreIn any Maryland child custody case, the judge’s overriding concern must be protecting the “best interest of the child.” That means that every decision made in connection with the case, including procedural matters, must be viewed through this lens. The parents may be the parties to the litigation, but the child is ultimately the subject. […]
Read MoreAllegations of domestic abuse are not uncommon in Maryland divorce and child custody cases. Sometimes these allegations are false and simply designed to try and gain the “upper hand” in the underlying legal dispute. But many of these allegations turn out to be valid. A Maryland judge has the authority to issue a protective order […]
Read MoreChild support is a legal obligation in Maryland. This means that a parent who is required to pay can be held legally responsible–and possibly jailed–for failing to meet their financial support obligations. This means, among other things, that a parent cannot avoid paying child support simply by refusing to work. But what if a parent […]
Read MoreAre you wondering what you should include in your prenuptial agreement? Perhaps you are about to get married, but unsure about Maryland prenup laws? Don’t fret. This article answers some of those questions and more. But before we dive in, first things first: What is a prenup agreement? A prenuptial agreement is a contract signed by two […]
Read MoreAs a general principle of Maryland law, a person is free to take and use any first or last name they wish, provided they do not change their name for any fraudulent purpose or to interfere with the rights of other people. Although many people choose to use their father’s last names, there is no […]
Read MoreDivorce cases are often resolved through a negotiated marital settlement agreement (MSA). Such agreements are contracts, and as such they are subject to the basic legal principles of contract formation. Essentially, there must be an offer by one party and acceptance by the other party to form a legally binding MSA. Court Enforces MSA Despite […]
Read MoreDoes a Sudden Reduction in Income Always Justify Reducing a Former Spouse’s Alimony Obligations? A Maryland court has the discretion to modify an alimony award based on a substantial change in either party’s financial circumstances. For example, if the party required to pay alimony has experienced a substantial reduction in their income or earning capacity–assuming […]
Read MoreWhat Happens if a Spouse Lies to Secure a Postnuptial Agreement? Although you often hear about engaged couples signing a prenuptial agreement prior to marriage, a couple that is already married can sign a similar contract known as a postnuptial agreement. As with any contract, a court may invalidate a postnuptial agreement if it is […]
Read MoreMost people are familiar with a prenuptial agreement but not a postnuptial agreement. A postnuptial agreement is a contract that you create with your spouse indicating how the property will be distributed in the event of a divorce. One of the reasons you need a divorce attorney is to help you draft a prenuptial agreement […]
Read MoreNormally, when two parents disagree over potential changes to an existing child custody order, the court will only modify that order if there is a finding of a “material change in circumstances that affects the best interests of the child.” Of course, the parents can also reach a mutual agreement to modify custody terms. Such […]
Read MoreChild custody orders are meant to give a certain sense of “finality” for both the parents and the child. Of course, circumstances can–and often–do change, which in turn may warrant modification of an existing custody order. Maryland law therefore permits a judge to modify custody when there has been a “material change in circumstances” since […]
Read MoreIf you are in the middle of a divorce with your spouse, you may be contemplating different things such as alimony, child support, and child custody. When such matters are being evaluated and discussed with a divorce lawyer Waldorf MD has to offer, you need to keep in mind one other important thing: college tuition. […]
Read MoreDivorce proceedings are often highly emotionally charged affairs. And it is not unusual for the parties to become frustrated–even angry–with the process. But it should go without saying that threatening or harassing the judge or other court officials is not the proper way to deal with these frustrations. Nor should you expect such actions to […]
Read MoreWhen someone files for divorce, they are in practice suing their spouse. This means that the divorce is a legal proceeding subject to very specific rules and requirements that are binding on both parties. That includes adherence to certain deadlines mandated by the court and the general rules applicable to lawsuits. A question we sometimes […]
Read MoreWhen parents get divorced, one parent typically pays child support to the other parent that is used to cover day to day expenses, including food, clothing, and housing. However, medical expenses are unpredictable and can be higher than the child support amount. This article will explain how parents will pay for their child’s medical expenses […]
Read MoreWhen it comes to child custody, as a parent you need to be proactive in asserting your legal rights. Even if a court awards you custody or visitation rights, you still need to take affirmative steps to exercise those rights–or take appropriate legal action if the other parent is undermining the judge’s order. Simply waiting […]
Read MoreIt is not uncommon for a former spouse to go to court claiming their ex is behind on their alimony payments. But how long can such arrearages accumulate? Put another way, how long does a person have to actually go back to court and seek judicial enforcement of an alimony order? Maryland Court Awards Former […]
Read MoreIn many divorce cases, the marital home is a couple’s most important asset. A judge will often award the home to one spouse. The receiving spouse may then have to pay a “monetary award” to the other spouse–in effect buying out their interest in the marital home. However, such a monetary award is not automatic. […]
Read MoreYes, holiday custody agreements can be changed provided you take the correct measures to request the change. Before you start making any arrangements with your ex-spouse to change the terms of the holiday custody agreement, you should consult with a Maryland custody attorney to make the changes enforceable. Informally changing the holiday custody agreements without […]
Read MoreWhen a Maryland court issues a child support order, it is not a request. You must pay the required support each month. If you fail to pay or fall behind on your payments for any reason, you may face a number of serious financial and legal consequences. Child Support Enforcement Every Maryland county has a […]
Read MoreIn Maryland family law, the term legal custody refers to the parent or parents that make certain long-term decisions about their child’s education, medical care, religion, and other issues of major significance. Legal custody is distinct from residential or physical custody, which addresses which parent will live with the child and make more routine day-to-day […]
Read MoreMaryland is one of a number of states that have adopted “Revenge Porn” laws in recent years. This commonly refers to the practice of posting sexually explicit photographs of a person to social media without their consent. For example, if your dating partner breaks up with you, and you decide to text naked pictures of […]
Read MoreChild custody disputes are often fraught with emotion. No parent wants to face the possibility of losing custody or visitation rights with their own children. But it is important to remember that when appearing before a judge, both sides need to maintain their composure. Any “emotional outbursts” may lead the court to make a decision […]
Read MoreThe role of the court in a contested divorce case is to make an “equitable distribution” of any marital assets between the parties. If one spouse attempts to circumvent this process by intentionally using marital property for a purpose “unrelated to the marriage” and for their own benefit while the marriage is breaking down, that […]
Read MoreWhen a Maryland court approves a child custody order, that decision is legally binding on both parents. This means that if either parent violates the order–even if they feel they had a good reason to do so–they can be held in civil contempt by the court. But there are also specific rules that govern the […]
Read MoreThere are many situations in which a married couple may choose to live apart but, for one reason or another, are not prepared to proceed with a divorce. Sometimes the couple simply decides to engage in a “trial separation” with hopes of later reconciliation. But in other cases, one spouse or the other may wish […]
Read MoreIf you have recently separated from your spouse and relocated to Maryland, you might be wondering if you can actually file for divorce here. There are certain residency requirements surrounding divorce filings in Maryland. It is important to be aware of these rules before taking any formal steps in filing a divorce petition. Here are […]
Read MoreIn a child custody case, a Maryland judge may appoint an attorney to represent the interests of the minor children involved. Such attorneys may serve different roles depending on the situation. For example, a Best Interest Attorney (BIA) is, as the name suggests, a lawyer appointed to advocate for the “best interests” of the child. […]
Read MoreCustody disputes are often traumatic and stressful for the children caught in the middle. Even when the parents disagree as to custody and visitation arrangements, they still have an understandable desire to minimize their child’s exposure to the legal system. But does this mean the court–i.e., the judge–talk to the child about the case without […]
Read MoreOne detail that people often overlook following a divorce is to update their estate plan. For example, the will that you signed during your marriage probably left most of your property to your then-spouse and named them as executor of your estate. What happens if you forgot to sign a new will after the divorce? […]
Read MoreAllegations of child abuse are not uncommon in custody disputes. Oftentimes there is legitimate reason to believe that abuse has occurred. But there are situations in which one parent may fabricate or exaggerate abuse allegations in an attempt to gain an advantage over the other parent. There may also be times where a judge finds […]
Read MoreIn recent months, a number of state legislatures have attempted to restrict and criminalize abortion. Maryland is not one of these states. In Maryland, a woman has an unquestioned right under state law to terminate their pregnancy at any time prior to the medical viability of a fetus to survive outside of the womb, or […]
Read MoreParents have a basic constitutional and legal right to raise their children as they see fit. This includes the right to deny visitation by third parties, including relatives. But a Maryland court may grant third-party visitation rights over a parent’s objection if that parent is either found to be “unfit” or “exceptional circumstances” exist. A […]
Read MoreNormally, any property acquired by a spouse during the course of a marriage is considered marital property. That is to say, such property is subject to equitable division between the spouses in the event of a divorce. But there are exceptions to this general rule. For example, any property acquired by either spouse through “inheritance […]
Read MoreIn making decisions regarding custody issues, a Maryland court is required to consider the “best interests” of a child. This requires consideration of a number of factors. This can include the child’s own preferences on the matter. It is important to understand that Maryland law vests the authority with the judge, not the child, to […]
Read MoreProperty division in a divorce is not always as simple as splitting a bank account in two. Oftentimes a couple will jointly own real property for personal or business use. It may not be practical to immediately sell such property, especially if it will remain in active use following the divorce. As a result, it […]
Read MoreNot all divorce cases require contested litigation. There are many situations in which a couple agrees that a marriage needs to end and they wish to resolve their outstanding financial and other issues with a minimum of controversy. For this reason, there are a number of methods of alternative dispute resolution available in divorce cases. […]
Read MoreThe COVID-19 pandemic has been stressful for everyone. It has been especially stressful for separated and divorced parents who are struggling to make custody and visitation arrangements work. Understandably, there have been some disagreements–and litigation–on this subject. But as with any matter involving minors, it is critical to remember that a court will always look […]
Read MoreA parent’s obligation to financially support their child usually ends when that child reaches adulthood. But Maryland law does make an exception for a “destitute adult child,” which is defined as an adult child who has no means of subsistence; and cannot be self-supporting, due to mental or physical infirmity. When a court determines that […]
Read MoreMany people raise children who are not their biological or legally adopted child. There are many situations where a child’s parents may be unable or unwilling to provide appropriate care and allow others to fulfill the role of parent. Maryland law recognizes such “de facto parents,” and allows them to seek custody or visitation rights […]
Read MoreMarriage has long been both a religious and a civil institution. The interaction between the two has always posed certain unique challenges for courts, especially when it comes to religious practices that might affect divorce or child custody. For example, in Islam, marriage is viewed as a contractual undertaking involving an offer, acceptance, and a […]
Read MoreIn a divorce or child custody case, Maryland law authorizes a judge to order each parent to contribute a proportionate share of their respective income to “any expenses for attending a special or private elementary or secondary school to meet the particular educational needs of the child.” The Maryland Court of Special Appeals has said […]
Read MoreA Maryland court may award separated parents joint custody of their minor children. “Joint custody” actually has a few different meanings. There is shared physical custody–i.e., the children split their time among both parents’ residences–and joint legal custody. With the latter, the child may live with one parent, but both parents have an equal voice […]
Read MoreAlthough Maryland allows “no-fault” divorces based on mutual consent or living separately for at least 12 months, the law continues to recognize numerous fault-based grounds for obtaining a divorce, as well. One such ground is “cruelty of treatment.” Historically, cruelty of treatment referred to one spouse committing acts of physical violence against the other. In […]
Read MoreDivorce is the most common way to legally dissolve a marriage, but it is not always the only way. In some cases, a person may seek an annulment of their marriage. Annulment is essentially a judicial declaration that the marriage itself is prohibited or invalid as a matter of law. In this sense, annulment does […]
Read MoreProperty division in a Maryland divorce case follows the rule of “equitable distribution.” Equitable does not always mean equal. Instead, the court must follow a three-step process. First, the judge will determine what assets are actually marital property. Second, the court must determine the value of all marital property. Third, the court will issue a […]
Read MoreWhen it comes to child custody disputes, a Maryland court is required to consider what arrangements will be in the “best interests of the child.” But Maryland law also requires a court to protect a parent who has been abused by the other parent when making arrangements regarding child custody or visitation. Are these obligations […]
Read MoreIn a recent post we discussed how Maryland law governs prenuptial and postnuptial agreements. As we noted, these agreements are treated just like any other contract between two parties. Ideally, this means that each party is represented by their own counsel and each side has an opportunity to carefully read and understand any proposed agreement […]
Read MoreWhen it comes to child support, a parent cannot avoid their legal obligation because they are “voluntarily impoverished.” This refers to a scenario in which the parent obliged to make support payments “has made the free and conscious choice, not compelled by factors beyond the parent’s control, to render the parent without adequate resources.” If […]
Read MorePrenuptial agreements often carry a stigma. After all, who wants to plan for a failed marriage? But prenups are actually quite beneficial for couples who simply want to make their financial affairs more predictable–and less litigious–in the event of divorce or even a spouse’s death. One thing to note here is that although people commonly […]
Read MoreThe division of property is often a highly contentious issue in a divorce case. But what happens when the “property” in question are fertilized pre-embryos conceived and frozen for later implantation by a divorcing couple who previously planned to have a child? Many state courts have been forced to confront this issue in recent years, […]
Read MoreMedical marijuana in Maryland is prescribed by registered providers to certified patients and registered caregivers. Maryland law defines each of these categories of people. Certifying Providers must be registered with the MMCC. They must have active and unrestricted licensees to practice as physicians, podiatrists, dentists, registered nurses, nurse practitioners or midwives, and be in good […]
Read MoreHere is a hypothetical scenario: Joan got a divorce from her ex-husband David several years ago. One day, while Joan is going through her personal files, she discovers a will she signed while she was still married. The will named David as her sole heir and executor of her estate. This has Joan concerned: If […]
Read MoreIn a divorce case, the division of property that the spouses acquired during the marriage can be a complicated and contentious matter. When the parties are not able to work out by themselves how to divide their marital property, the decision will be made by the courts. In Maryland, marital property is divided according to […]
Read MoreChild custody is often a contentious issue between two parents who are not together. Maryland law provides a means of establishing custody and visitation rights for both parents. Understandably, some parents are unhappy with the results produced by this system. But it should go without saying that you cannot take the law into your own […]
Read MoreEven when a Maryland court decides issues regarding child custody and visitation rights, that does not necessarily mean an end to the conflict or animosity between the parents. To the contrary, parents often continue to fight outside of court–and in the presence of their children–over all sorts of issues, some of them trivial. Such disagreements […]
Read MoreWhen most people hear the word “divorce,” they assume it means the legal process of permanently ending a marriage. But Maryland law actually recognizes two forms of divorce. The first is an absolute divorce. The second is a limited divorce. Limited Divorce A limited divorce is not really a divorce in the conventional sense. It […]
Read MoreWhen determining a parent’s child support obligation, Maryland courts are required to determine what is in the “best interests of the child.” This standard applies not just to any initial calculation of support but also any subsequent modifications. It is critical for judges to follow the law, as a parent’s failure to understand their support […]
Read MoreMaryland law calls for an “equitable division” of marital property in divorce cases. This means any property that jointly belongs to both spouses must be divided fairly–but not necessarily equally. This can prove tricky with some types of assets. For example, if the divorcing couple owns an interest in a business, the parties may disagree […]
Read MoreChild support is a legal obligation imposed on noncustodial parents by court order. This means that failure to obey a lawful child support order can land you in serious trouble. Among other remedies, the Maryland Child Support Enforcement Administration (MCSEA) can ask a judge to hold a non-paying parent in criminal contempt. If the parent […]
Read MoreTake a deep breath and try to stay calm. Remember to treat your spouse with respect and keep your relationship amicable, as it will help make the next steps easier. Give yourself time to process your feelings and get professional help if you need it. Then, start doing some research. There are plenty of resources […]
Read MoreEvery divorce is different and so is every divorce attorney. That’s why choosing the right lawyer is so important. You need someone you can trust to prioritize your personal and financial goals and someone with experience in family law. No one expects to get divorced, and many people don’t know how to choose a good […]
Read MoreTo finalize a divorce, the separating couple must decide how to divide their property. The way that property is divided varies between states and on a case by case basis. A couple may need to follow the laws of their state, but the way that their property is divided could depend on the unique circumstances […]
Read MoreWith springtime just a month away, many recently engaged couples are excitedly anticipating the arrival of long-planned wedding days. According to theknot.com, almost 80% of weddings take place between May and October. At all of these events, beyond the music, flowers, cake, dresses, suits and all the other details that will make the day memorable and […]
Read MoreIn a divorce case, the division of property that the spouses acquired during the marriage can be a complicated and contentious matter. When the parties are not able to work out by themselves how to divide their marital property, the decision will be made by the courts. In Maryland, marital property is divided according to […]
Read MoreIn some situations, a spouse may be anticipating the receipt of divorce papers, but in others, being served with a petition for divorce catches someone completely off guard. It does not matter whether you were prepared or not. If you have been served with divorce papers, you need to take action right away to protect […]
Read MoreMaryland law allows a court, in its discretion, to award costs and attorney’s fees to the prevailing party in an action involving child custody, support, or visitation. Last summer, Maryland’s second highest court ruled that “de facto” parents are among those who can recover attorney’s fees and costs in connection with custody and visitation disputes. […]
Read MoreWhat are Parental Rights? The broad concept of parental rights generally refers to all of the rights that go hand in hand with raising children. The United States Supreme Court has recognized parental rights as a fundamental right under the Fourteenth Amendment, and has described these rights as the rights to make decisions about a child’s […]
Read MoreLike other legal matters, divorce in Maryland can be a complicated and challenging process. There are a lot of emotions at play, and couples tend to let those emotions get the best of them in this situation. You may be thinking your divorce is straightforward, so why you would need a divorce attorney, anyway? There […]
Read MoreIf you are married to an addict, you are already familiar with how difficult life can be and how you can be directly and indirectly impacted. In many cases, these situations end up in divorce. Some people assume that getting a divorce from an addict will be a simple and straightforward process, but it can […]
Read MoreWhen you are going through a divorce in Maryland, all marital assets are subject to division. This includes anything that falls under intellectual property. While dividing cash and other assets may be relatively straightforward, other assets like intellectual property can be extremely complicated. This is why you need a skilled Waldorf divorce attorney on your […]
Read MoreDivorce is complicated enough, but getting a divorce when you have a child with special needs can be more frustrating and scary. Even the most amicable divorces still impact the children, and those children with special needs are typically more affected. If you are preparing for a divorce in Maryland and you have special needs […]
Read MoreCouples who collect artwork and are going through a divorce may struggle with determining who keeps what and how much all the artwork is worth. The process for dividing up normal personal items is usually simple, as they are typically associated with only one spouse. However, artwork collections can include paintings, sculptures, and more precious […]
Read MoreWhen you are going through a Maryland divorce, you are likely primarily thinking about the process of property division and who will get what. If you have children, there are obviously concerns regarding custody arrangements as well. One thing people do not often consider in their divorce is what happens after everything is finalized, especially […]
Read MoreThe incarceration of one party can have an impact on child custody matters in some cases. To understand exactly how it affects your particular situation, you need to speak with a skilled Maryland child custody lawyer who can help. Incarceration Before Child Custody is Determined In the event your ex was thrown in jail during […]
Read MoreWhen two people are getting divorced, they often envision themselves standing in front of a judge and arguing over the different terms of that divorce. It does not have to be this way, though. In Maryland, most divorce cases are settled before they are ever taken to a courtroom. This sometimes happens during mediation, an […]
Read MoreLearning how to effectively co-parent after a tumultuous Maryland divorce is an important step all former spouses need to take. Some people mistakenly think it is a simple transition because you have been parenting together for years. However, it is completely different. Suddenly, one home with two parents becomes two homes with one parent each. […]
Read MoreIf you and your spouse are facing an imminent separation or divorce, you are not alone. According to the Center for Disease Control, more than 800,000 adults divorced in 2016. Almost 50% of American marriages will eventually end in divorce. Therefore, divorce is a concept that many people, unfortunately, experience at some point. As hard […]
Read MoreFor most people, the family pet is more like an actual member of the family rather than just a “pet.” You become attached to them, nurture them, watch them grow, and sometimes find yourself spending thousands of dollars on necessary medical treatment — just as you would with a child. So, it is completely understandable […]
Read MoreWhen you finalize a divorce, the judge will issue his or her final decree and terms of any arrangements involving child custody, alimony, property division, etc. These decisions are based on the two parties’ individual circumstances at the time of the divorce. However, things can change down the line that may warrant the court taking […]
Read MoreJust thinking about divorce is enough to stress some people out — horrible arguments, emotional outbursts, time off work, financial struggles, and having to face your ex are just a few of the things some people envision. However, this is really just the worst-case scenario rather than the common reality. Television and movies portray all […]
Read MoreIf you are preparing to go through a custody battle with your ex, you need to consider retaining a Maryland child custody attorney. Child custody battles are stressful and emotional. You need someone on your side who can help you through this challenging time and ensure your child’s best interests are protected. When you are […]
Read MoreIf you are contemplating a prenuptial agreement, or you have been presented with one to sign, it is important to speak with a Maryland family law attorney who can help you. You need someone who can help draft and/or review a prenup agreement, as well as someone with experience defending or challenging them in court. […]
Read MoreMany people want to know if a child support order is final or whether it can be modified in the future. The answer is that in limited scenarios, there may be the option to have a child support order modified. Not every situation will qualify, and even those cases for modification that are heard in […]
Read MoreThe term grey divorce is used to reference a demographic trend that has shown an increase in separation or divorce amongst older couples who have been married for a significant amount of time. There is an assumption that anyone who has been married for 40 years or more is obviously older and therefore “starting to […]
Read MoreNegotiating a settlement agreement in your divorce is, for most people, one of the hardest parts of the entire process. It is a scary time, and emotions tend to run high as you are trying to divide everything from your family vehicle to the family home. It is important to have someone on your side […]
Read MoreSome states will allow you to file for legal separation, but Maryland does not recognize that status, per se. What you can do is file for limited divorce. This allows couples to resolve some important issues, but it does not entirely terminate their marriage. People often choose a limited divorce when there are important issues […]
Read MoreIf you are preparing to file for divorce, you may be considering whether or not you need to hire an attorney. Retaining a Maryland divorce attorney can not only make the process easier, it can also expedite it. If you are on the fence about whether or not to hire an attorney for your divorce, […]
Read MoreIf you are considering filing for divorce in Maryland, it is important to understand the legal requirements before you file the petition. In addition, we recommend you speak with a Maryland family law attorney who can advise you of the requirements and your legal rights. In order to file for a divorce in Maryland, one […]
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