Limited Divorce in Divorce in Maryland

§ 7-102. Limited divorce (a) Grounds for limited divorce.

The court may decree a limited divorce on the following grounds: (1) cruelty of treatment of the complaining party or of a minor child of the complaining party; (2) excessively vicious conduct to the complaining party or to a minor child of the complaining party; (3) desertion; or (4) voluntary separation, if: (i) the parties are living separate and apart without cohabitation; and (ii) there is no reasonable expectation of reconciliation. (b) Attempts at reconciliation. -- As a condition precedent to granting a decree of limited divorce, the court may: (1) require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and (2) assess the costs of any efforts to achieve reconciliation that the court prescribes. (c) Time during which decree is effective. -- The court may decree a divorce under this section for a limited time or for an indefinite time. (d) Revocation of decree. -- The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties. (e) Decree of limited divorce on prayer for absolute divorce. -- If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.

Immigration in Divorce in Maryland

The subject matter of immigration law is a detailed and complicated area of the law that affects many people's lives. Immigration questions should be directed towards an attorney who practices specifically immigration law. My practice focuses on divorce in Maryland. However there are some overlap areas in immigration law and divorce in Maryland. One such overlap exists in circumstances where a US citizen marries a spouse born in a foreign country. This foreign spouse may have rights relative to their immigration status based upon the fact that they have married a US citizen. As such in circumstances of a failed marriage one spouse will have greater leverage over the other as immigration status is now a potential weapon. The Violence Against Women Act (which also protects men) was enacted in 1994 and allows the foreign-born spouse to file a Self Petition and seeks to establish legal permanent residents if they meet certain requirements. Generally these requirements require the abused foreign spouse to establish that the abuser is a US citizen, that the marriage was entered into in good faith, that the parties were in fact married, that the foreign spouse has been subjected to a battery or extremely cruel behavior during marriage, the foreign spouse lived with her spouse under the same roof, and either resided in the United States, that the abuse occurred in the United States or their spouse is a US government employee or member of the Armed Forces. If you have questions regarding divorce in Maryland please feel free to give me a call at 1-888-760-7339. I will answer your questions for you over the phone at no cost to you.

Child Reference in a Custody Issue in divorce in Maryland

The courts in a divorce in Maryland will give weight to a child's preference when it comes to a custody dispute between the parents. Case law regarding the child's preference can be found in Ross versus Pick 86 A 2d. 463 (1952. This case involved the preference of a child over the age of 11. And was an initial order and not a modification. The court went on to define welfare of a child to include the considerations of training, development, morals and happiness of the child Maddox 174 MD 470. The welfare of the child is of course a major consideration on issues affecting modifications of prior child custody orders. Specifically it is necessary when filing a modification to establish that there had been a material change of circumstances affecting the child's welfare. Specifically training, development, morals, and the happiness of the child. However, as to preference the court in Ross determined that the child's own wishes may be consulted and further that Maryland adopts the role that there is no specific age of a child as a threshold before the court will consult with the child. The matter depends upon the extent of the child's mental development. The court will not exercise its discretion based upon a whim but will focus on the feelings, attachments, reasonable preferences and probable contentment of the minor child. A child's preference shall be given special consideration. If you have questions regarding child custody in a Maryland divorce please feel free to call my office at 1-888-760-7339 I am happy to answer your questions over the phone at no cost to you.

Limited Divorce and moving spouse out of the home

In Maryland you may file for a limited divorce upon proof of several grounds that are available. One such ground is constructive desertion. Pursuant to a string of cases in Maryland Scheinin; Mower; and Ricketts it is possible to file for limited divorce while you still reside under the same roof with your spouse. In the event you have minor children with your spouse it is possible for the court to award custody, visitation and child support even while on the parties live under the same roof. None of the above-mentioned cases address the court's authority to issue a use and possession order. However pursuant to the relief available under a limited divorce it is possible once you are awarded custody to secure a use and possession order pursuant to the limited divorce see FL 8-207, 11-101 alimony on limited divorce) . As such it is possible to remove your spouse from the marital home provided you can establish constructive desertion as your grounds for a limited divorce and you were awarded custody of the minor children. Constructive desertion appears in cases where marital relationships have ended and the parties while living under the same roof occupy separate bedrooms. As part of the proof it is also necessary to establish that the plaintiff has made an effort at reconciliation which has been denied. It is also necessary to establish by corroborating evidence that the separation has taken place.

Jurisdiction in Child Custody Maryland Divorce

Circumstances arise when parties relocate to different states and have children. When disputes arise over custody it becomes necessary for the court to determine which state should have the jurisdiction to hear the case. The law that governs is the Maryland Uniform Child Custody Jurisdiction and Enforcement Act (“the Act”), Maryland Code (1984, 2006 Repl.Vol.), §§ 9.5–101 to 9.5–318 of the Family Law Article (“FL”) and Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”)which once distilled provides essentially that to have jurisdiction over the custody issues the state shall not lack significant connections or substantial evidence. It is not the intent of the Act to postpone those determinations and thereby extend continuing jurisdiction indefinitely, for this also would defeat the Act's purposes. Paltrow v. Paltrow, 283 Md. 291, 293, 388 A.2d 547 (1978).

If you have issues involving custody issues please feel free to call my office. I will answer your question over the phone at no cost to you 1-888-760-7339.

Financial Statements and Divorce in Maryland

Whenever you have filed a complaint in a domestic matter in the state of Maryland and you are seeking either child-support or alimony it will be necessary to file a financial statement. In the case of a claim seeking only child support then you will file a short form financial statement. I have provided a link on my website to the forms necessary to be filed in the divorce in Maryland. Please feel free to call me if you a family member or a friend is in need of a divorce lawyer in Maryland. I will answer your questions over the phone at no cost to you 1-888-760-7339.

http://www.courts.state.md.us/family/forms/dr30.pdf

Reconciliation affecting Settlement Agreements in a Divorce in Maryland

There are circumstances where parties have entered into a settlement agreement resolving the issues of their divorce in Maryland. However the parties then resume their marital relationship only to subsequently separate again. The question arises what happens to their separation agreement and what impact does their reconciliation have on the validity of the agreement.

Maryland case law unequivocally holds that a separation agreement that is more than just a contract of separation and support is not abrogated by the mere resumption of cohabitation. Grossman v. Grossman, 234 Md. 139, 198 A.2d 260 (1964). See also Frana v. Frana, 12 Md.App. 273, 278 A.2d 94 (1971). In Frana this Court articulated the principle:

[A] contract of separation is annulled and avoided, not solely, or necessarily as a matter of law, by a subsequent reconciliation, cohabitation or resumption of the marital relationship, but rather by the intentional renunciation of the agreement which the reconciliation and resumption of marital relations sometimes evidences.
Id. at 284, 278 A.2d 94 quoting 30 C.J. § 847, p. 1065.

As such the court is saying that the fact that you reconcile is not in and of itself an automatic end to the prior agreement rather the reconciliation is evidence that the parties intended to renunciation the agreement.

If you have questions regarding settlement agreements or divorce in Maryland please feel free to call me at 1-888-760-7339. I will answer your questions over the phone at no cost to you.

Reconciliation Affecting Validity of Separation Agreement in a divorce in Maryland

There are circumstances where parties have separated from one another and or entered into a separation agreement resolving the issues of their marriage, they have subsequently separated, and they have subsequently reunited with one another. The question then arises what happens to the terms of the separation agreement in the event that the parties subsequently separate again for a second time. Maryland law has made clear that the subsequent reconciliation does not automatically terminate the terms of the agreement unless the intent of the parties is demonstrated to be otherwise. Please review 78 A 2d 173. There is case law is not as clear relative to the effect of reconciliation on alimony payments. Those payments made subsequent to agreement are different than those that are arrived at through court order. If you have questions regarding your separation agreement or any other matter affecting divorce in Maryland please feel free to give me a call at 1-888-760-7339. We will answer your questions over the phone at no cost to you.

Extracurricular activities in a Maryland child-support case

In child support cases involving above guideline incomes the court does have the authority to consider extracurricular activities as part of the child support calculation. While it is recognized by the court in Horsley v. Radisi, 132 Md. App. 1 750 A.2d 692, 705-706 (2000) guideline cases only recognize childcare, extraordinary medical expenses, the cost of attending special or private elementary or secondary schools and school transportation expenses can supplement the basic guideline award. The trial court is not permitted to add the cost of discretionary activities such as camp, music lessons, tutoring, gifted and talented program even where these activities are desirable or beneficial to the basic child support award.

Specifically, the court may find the application of the guidelines unjust or inappropriate and if the court so finds, it is required to provide a written or oral finding explaining the reasons why it has departed from the guidelines and how this departure serves the best interests of the children.

In above-guidelines cases, children's expenses including the cost of extracurricular activities may be considered and added to the award of child support. Voishan v. Palma, 327 Md. 318, 322, 609 A2d 319 (1992).

Family Law § 12-204(i) permits the court, to add the cost of private school to the basic award of child support. A court may depart from the guideline and require a parent to pay for educational tutoring an academically challenged or gifted student requires to meet the child's particular educational needs.

In an appropriate case the court may also depart from the guidelines and enable a child, who excels in a particular area e.g. art, music or athletics to pursue appropriate training to enhance these skills. However, justifying a departure from the guidelines requires more than a parent testifying that a child is intellectually "gifted" or that the public school cannot meet these educational needs. see the Horsley case.

If you have questions regarding divorce in Maryland or child-support issues in Maryland please feel free to give me a call at 1-888-760-7339. I'm happy to answer your questions for you over the phone at no cost to you.

Divorce In Maryland Custody and Substance Abuse

There are instances in a divorce in Maryland where custody and visitation access to minor children are core issues to be addressed by the court. There are circumstances where a parent has become involved with addictive behavior whether that is alcohol or drugs. The court has addressed these issues in the matter of Cohen v Cohan which recognizes of course the court's authority to curtail access provided it is established by the evidence that it is in the children's best interest. Ultimately the court will exercise its authority to supervise, suspend or require abstinence from the use of drugs and alcohol provided there is a high probability of substance abuse.

If you have questions regarding divorce in Maryland, Maryland child custody were issues of custody in Maryland please feel free to call me at 1-888-760-7339. We will answer your legal questions over the phone at no cost to you.

How to Divorce in Maryland Jurisdiction Issues

Maryland has a residency requirement that must be met before any party can file a complaint for a limited and or an absolute divorce in Maryland. If the grounds for divorce occurred outside the state of Maryland then at least one of the parties must have resided in Maryland for at least one year prior to filing the complaint for absolute divorce. You can refer to family law article section 7 – 101 (A) for information on this jurisdictional issue. The word residence as used in this family law article is equated with the word domicile.

Best Interest Attorney in a Divorce in Maryland

In every contested custody case, either party or the court has the option of ordering the appointment of a best interest attorney pursuant to Maryland family law article 1–202. This authority exist in every case where custody, visitation or the amount of support is contested. The best interest attorney serves as the advocate for the child.

Whenever there is a situation where a minor child has the right to assert a privilege however is too young to assert the privilege the court must appoint a guardian to act on the minor child have and make decisions as to what is in the child's best interest. Maryland code annotated Chords and Judicial Proceedings section 9–109 relates to this privilege as it affects the physician-patient relationship.

Historically the best interest attorney is an advocate for the minor child stated preferences and will also aid gathering information. Guidelines have been developed to assist the best interest attorney in representation of the minor child and their responsibilities. Maryland rule 9–205 provides as follows relative to the best interest attorneyRule 9-205.0. Appointment of child's counsel

(a) Applicability. This Rule applies to the appointment of child's counsel in actions involving child custody or child access.

Cross references. -- See Code, Family Law Article, § 1-202 and the Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access.

(b) Factors. In determining whether to appoint child's counsel, the court should consider the nature of the potential evidence to be presented, other available methods of obtaining information, including social service investigations and evaluations by mental health professionals, and available resources for payment. Appointment may be most appropriate in cases involving the following factors, allegations, or concerns:

(1) request of one or both parties;

(2) high level of conflict;

(3) inappropriate adult influence or manipulation;

(4) past or current child abuse or neglect;

(5) past or current mental health problems of the child or party;

(6) special physical, educational, or mental health needs of the child that require investigation or advocacy;

(7) actual or threatened family violence;

(8) alcohol or other substance abuse;

(9) consideration of terminating or suspending parenting time or awarding custody or visitation to a non-parent;

(10) relocation that substantially reduces the child's time with a parent, sibling, or both; or

(11) any other factor that the court considers relevant.

A court should provide for adequate and effective child's counsel in all cases in which an appointment is warranted, regardless of the economic status of the parties. The court should make the appointment as soon as practicable after it determines that the appointment is warranted. A court should appoint only lawyers who have agreed to serve in child custody and child access cases in the assigned role and have been trained in accordance with Guideline 4 of the Maryland Guidelines for Practice for Court-Appointed Lawyers Representing Children in Cases Involving Child Custody or Child Access. In making appointments, the court should fairly and equitably distribute cases among all qualified attorneys, taking into account the attorney's availability and caseload. Before asking an attorney to provide representation pro bono publico to a child, the court should consider the number of other similar cases the attorney has recently accepted on a pro bono basis from the court.

(c) Appointment order.

(1) Content. An order appointing child's counsel shall:

(A) specify whether the attorney is to serve as a Child's Best Interest Attorney, Child's Advocate Attorney, or Child's Privilege Attorney;

(B) authorize the appointed attorney to have reasonable access to the child and to all otherwise privileged or confidential information about the child, without the necessity of any further order of court or the execution of a release;

(C) permit the attorney to participate in discovery under Title 2 of these Rules as though the child were a party;

(D) provide that the service and notice provisions in Title 1 of these Rules apply as though the child were a party;

(E) state any other duties or responsibilities required by the court;

(F) state when the appointment terminates; and

(G) unless the attorney has agreed to serve pro bono publico, include provisions concerning compensation for the attorney.

Cross references. -- The court should write an appointment order in plain language, understandable to non-lawyers.

(2) Copies to parties and counsel. The court shall send a copy of the order appointing counsel to each attorney of record and to each party, whether or not represented by an attorney.

Jointly titled reality in a divorce in Maryland

In cases that have been filed after October 1, 2006 while subject to the terms of any liens the court may transfer ownership of an interest in real property, which has been jointly owned by the parties when they lived together by

(1) ordering the transfer of ownership or any interest in the ownership to the other party, if that party obtains the release of the other party from any liens. Or

2) the court may authorize one party to purchase the other parties interested, provided everyone complies with the court's order and condition and terms.

You can find the statutory language for this court's ability to transfer ownership of property or a parties interested in ownership of property, provided there is a release of the mortgage. Or the court can authorize one party to buy out the other party on terms the court determines is appropriate. Family law article 8– 205.
If you have questions regarding divorce in Maryland and the disposition of marital property in a divorce in Maryland please feel free to call me and I will discuss your case over the phone at no cost to you. 1-888-760-7339

How to Divorce in Maryland

Before you are eligible to file a complaint for divorce in Maryland you must first establish that you are a Maryland resident entitled to the benefit of Maryland court jurisdiction. The next step is to establish your grounds for divorce. There is a difference between an absolute divorce and the grounds associated with that type of divorce and a limited divorce and the grounds associated with that type of divorce. The grounds for limited divorce can be found in § 7-102. Limited divorce

(a) Grounds for limited divorce. -- The court may decree a limited divorce on the following grounds:

(1) cruelty of treatment of the complaining party or of a minor child of the complaining party;

(2) excessively vicious conduct to the complaining party or to a minor child of the complaining party;

(3) desertion; or

(4) voluntary separation, if:

(i) the parties are living separate and apart without cohabitation; and

(ii) there is no reasonable expectation of reconciliation.

(b) Attempts at reconciliation. -- As a condition precedent to granting a decree of limited divorce, the court may:

(1) require the parties to participate in good faith in the efforts to achieve reconciliation that the court prescribes; and

(2) assess the costs of any efforts to achieve reconciliation that the court prescribes.

(c) Time during which decree is effective. -- The court may decree a divorce under this section for a limited time or for an indefinite time.

(d) Revocation of decree. -- The court that granted a decree of limited divorce may revoke the decree at any time on the joint application of the parties.

(e) Decree of limited divorce on prayer for absolute divorce. -- If an absolute divorce is prayed and the evidence is sufficient to entitle the parties to a limited divorce, but not to an absolute divorce, the court may decree a limited divorce.

The grounds for an absolute divorce can be found in § 7-103. Absolute divorce

(a) Grounds for absolute divorce. -- The court may decree an absolute divorce on the following grounds:

(1) adultery;

(2) desertion, if:

(i) the desertion has continued for 12 months without interruption before the filing of the application for divorce;

(ii) the desertion is deliberate and final; and

(iii) there is no reasonable expectation of reconciliation;

(3) conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has:

(i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and

(ii) served 12 months of the sentence;

(4) 12-month separation, when the parties have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce;

(5) insanity if:

(i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce;

(ii) the court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and

(iii) 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;

(6) cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or

(7) excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

(b) Recrimination. -- Recrimination is not a bar to either party obtaining an absolute divorce on the grounds set forth in subsection (a)(1) through (7) of this section, but is a factor to be considered by the court in a case involving the ground of adultery.

(c) Res judicata. -- Res judicata with respect to another ground under this section is not a bar to either party obtaining an absolute divorce on the ground of 12-month separation.

(d) Condonation. -- Condonation is not an absolute bar to a decree of an absolute divorce on the ground of adultery, but is a factor to be considered by the court in determining whether the divorce should be decreed.

(e) Effect of limited divorce on application for absolute divorce. --

(1) A court may decree an absolute divorce even if a party has obtained a limited divorce.

(2) If a party obtained a limited divorce on the ground of desertion that at the time of the decree did not meet the requirements of subsection (a)(2) of this section, the party may obtain an absolute divorce on the ground of desertion when the desertion meets the requirements of subsection (a)(2) of this section.

If you have questions regarding divorce in Marylan please feel free to call me at 1-888-760-7339. I am happy to answer your question and will do so right over the phone at no cost to you s

Child Support in Maryland

Child-support in Maryland also addresses the issue of voluntary impoverishment. In the court's opinion Wills v Jones 340 Maryland 480 (1995) the court addressed the issue of voluntary impoverishment. The court determined; whether a parent is voluntarily impoverished is a question only of whether the parent's impoverishment was voluntary. Examples are found in circumstances where a parent leaves a job to accept the position paying less. To the extent the decision was made voluntarily to leave the higher-paying job the parent is voluntarily impoverished. There is no need for the reduced pay to occur in conjunction with a desire to avoid child-support as a basis to establish voluntary impoverishment Goldberger v Goldberger.

Once it is established that the reduced pay is the product of a voluntary decision the only other next question revolves around the voluntarily impoverished parent's earning capacity or potential income. Prior earning history as well as vocational assessments are often times used to determine a parents earning capacity. The court looks at a number of factors in determining potential income including age; mental and physical condition; accident; educational background, special training or skills; prior earnings; efforts to find and retain employment; the status of the job market in the area where the parent resides; actual income and any other factor bearing on the parents ability to obtain funds for child support.

A parent is not excused from support because of a tolerance of or a desire for a frugal lifestyle. It has been noted by the court in Maryland that the individual's decision to move from his residence to a new residence where he earns less money is not the basis for voluntary impoverishment as it presents a unreasonable restriction on a person's ability to relocate Moore v Tseronis 664 A 2d 427.

If you have questions regarding child-support in Maryland please feel free to give me a call at 1-888-760-7339.

Child Support in Maryland

Child-support in Maryland that section 12 – 202 provides that there is a rebuttable presumption that the amount of child support which would result from the application of the child support guidelines is the correct amount of child support to be awarded. The presumption however can be rebutted with evidence that shows that the application of the guidelines would be unjust or inappropriate. An example of the court application of this concept is found in the case of Horsley v Radisi 750 A 2d 692 (2000). Among other issues addressed in this case the court addressed the issue of extracurricular activities in the form of soccer camps, karate lessons, and violin lessons for a gifted and talented child as cost to be included in the child support calculations. The court differentiated between cost incurred for discretionary activities such as camps, music lessons, tutoring and gifted and talented programs versus expenses for remedial tutoring and gifted and talented educational programs. In pursuit of further clarification the court did not specifically exclude a deviation from the Maryland child-support guidelines to facilitate appropriate training for a child who excels in a particular area whether art, music or athletics with the caveat that the public schools cannot provide that appropriate training.

If you have questions regarding child support in Maryland please feel free to give me a call at 1-888-760-7339. I will answer your questions over the phone at no cost to you.

Child Support Maryland

Child support in Maryland: by law parents are required to support a minor child through the age of 18, or until age 19, if the child is enrolled in secondary school. The obligation to support a minor child who is still attending secondary school until the age of 19 is a change from the prior law. You may find this change in Maryland annotated code article 1 section 24 Rules of Interpretation which creates an exception for child support and further family law article 5–203 says that parents are jointly and severally liable for child support, care, nurture, welfare and education. If you have the need to file a petition with the court to establish child-support in Maryland you are eligible to file the complaint in the county where the noncustodial spouse lives or works or where the child lives. It's important to remember when you file your complaint to establish child support you also have to file your financial statement see Maryland rule 9–202. If you have questions regarding child-support in Maryland or any other matter involving divorce in Maryland please feel free to give me a call. I will answer your questions for you right over the phone at no cost to you 1-888-760-7339.

Divorce in Maryland Modification of Agreements

The court in a divorce in Maryland may modify any provision of the deed, agreement, or settlement with respect to the care, custody, education, or support of any minor child of the spouses, the modification would be in the best interest of the child. This language is found in Maryland family law article 8–103 that modification of the, agreement, or settlement. It is important to recognize that the court has the authority to change your agreement relative to custody visitation and child support. Too often I've seen parties except last or waive rights they could otherwise assert in exchange for consideration on visitation schedules. Only to find subsequently the other party has requested that the court modify the visitation schedule. When this happens you could very well find yourself having waived a property interest in exchange for a visitation schedule which is subsequently changed. This situation can be controlled in a separation agreement however it is an issue you must be aware of. If you have questions regarding divorce in Maryland were a separation agreement in Maryland please feel free to give me a call. I will answer your questions over the phone at no cost to you. 1-888-760-7339

Child Support MD

Child-support in Maryland can be established by an initial pleading seeking child support from the other biological parent. Already existing child-support orders can be modified if there has been a material change of circumstances which would warrant a modification of the child support. In either of those cases the child support is retroactive back only to the date of filing. Additionally, I have represented clients who received child-support arrears back to the date of last payment when the payor parent failed to file a motion for modification when circumstances changed. That is an uncommon result which I would not expect to realize for my client had the payor spouse become disabled or unemployed through no fault of their own. If you have questions about child support in Maryland or any other issue involving divorce in Maryland please feel free to call my office we will discuss your case over the phone at no cost to you. 1-888-760-7339

Child-support in Maryland

Voluntary impoverishment can be found in family law article 12 – 201 where it states if a parent is voluntarily impoverished child support may be calculated based upon the termination of potential income. However a determination of potential income may not be made for a parent who is unable to work because of a physical or mental disability or is caring for a child under the age of two from the parents are jointly and severally responsible. Voluntary impoverishment is generally found in a circumstance where a person has taken a reduction in salary to avoid his or her support obligations. As such it can be found in circumstances where an individual is working at less income than they have the ability to earn and it is done for the purpose of avoiding a child support obligation. It is rare that a parent would go to such extremes to avoid paying child support however I have seen those circumstances occur. Mainly I see those occasions arise where the paying spouse changes jobs frequently to avoid wage withholding liens. If you have questions on child support or any other matter involving child-support in Maryland please feel free to call me at 1-888-760-7339 I will answer your questions over the phone at no cost to you.

Child Support in a Divorce in Maryland

School and transportation expense may be divided between the parents in proportion to their adjuste actual income. Family law article section 12–204 includes any expense for attending a special or private elementary or secondary school to meet the particular educational needs of the child or any expense for transportation of the child between the homes of the parent. "Particular educational needs" was defined in Witt v Ristaino 701 A2d 1227. The court held that the trial judge should consider a nonexhaustive list of factors when determining whether a child has a particular educational need. This would include the number of years the child has been in attendanc at the particular school. The child' performance while in the school, family history, parents choice, any particular factor that may impact upon the child's best interest and the parties ability to afford the private school education. If you have questions regarding divorce in Maryland please feel free to give me a cal I will answer your questions over the phone at no cost to you 1-888-760-7339.

Divorce in Maryland children as witnesses

In a divorce in Maryland a judge is not required to interview a child in a custody case. If the court decides to interview a child it may be done without the presence of the parties and without the presence of counsel, even over the objections of either of the parties. The interview however must be reported by the court reporter unless the parties waive the recording requirement. Immediately following the interview the contents must be made known to counsel and the parties. Counsel for either party or even a best interest attorney is typically given the opportunity to suggest questions for the court to ask of the child the questions are typically submitted in writing. If you have questions regarding divorce in Maryland and or child custody in Maryland please feel free to give me a call. I will answer your questions for you right over the telephone at no cost to you. 1-888-760-7339

Domestic Violence in Maryland

The Maryland Domestic Violence Statute 4-501. Definitions "Abuse" means any of the following acts:

(i) an act that causes serious bodily harm;

(ii) an act that places a person eligible for relief in fear of imminent serious bodily harm;

(iii) assault in any degree;

(iv) rape or sexual offense under §§ 3-303 through 3-308 of the Criminal Law Article or attempted rape or sexual offense in any degree;

(v) false imprisonment; or

(vi) stalking under § 3-802 of the Criminal Law Article.

(2) If the person for whom relief is sought is a child, "abuse" may also include abuse of a child, as defined in Title 5, Subtitle 7 of this article. Nothing in this subtitle shall be construed to prohibit reasonable punishment, including reasonable corporal punishment, in light of the age and condition of the child, from being performed by a parent or stepparent of the child.

(3) If the person for whom relief is sought is a vulnerable adult, "abuse" may also include abuse of a vulnerable adult, as defined in Title 14, Subtitle 1 of this article.

Child care provider (c) "Child care provider" means a person that provides supervision and care for a minor child.

Cohabitant (d) "Cohabitant" means a person who has had a sexual relationship with the respondent and resided with the respondent in the home for a period of at least 90 days within 1 year before the filing of the petition.

Emergency family maintenance (g) "Emergency family maintenance" means a monetary award given to or for a person eligible for relief to whom the respondent has a duty of support under this article based on:

(1) the financial needs of the person eligible for relief; and

(2) the resources available to the person eligible for relief and the respondent.

Final protective order (h) "Final protective order" means a protective order issued under § 4-506 of this subtitle.


Home (i) "Home" means the property in this State that:

(1) is the principal residence of a person eligible for relief; and

(2) is owned, rented, or leased by the person eligible for relief or respondent or, in a petition alleging child abuse or abuse of a vulnerable adult, an adult living in the home at the time of a proceeding under this subtitle.

Interim protective order (j) "Interim protective order" means an order that a Commissioner issues under this subtitle pending a hearing by a judge on a petition.

Local department (k) "Local department" means the local department that has jurisdiction in the county:

(1) where the home is located; or

(2) if different, where the abuse is alleged to have taken place.

Person eligible for relief (l) "Person eligible for relief" includes:

(1) the current or former spouse of the respondent;

(2) a cohabitant of the respondent;

(3) a person related to the respondent by blood, marriage, or adoption;

(4) a parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition;

(5) a vulnerable adult; or

(6) an individual who has a child in common with the respondent.

Petitioner (m)(1) "Petitioner" means an individual who files a petition.

(2) "Petitioner" includes: (i) a person eligible for relief; or (ii) the following persons who may seek relief from abuse on behalf of a minor or vulnerable adult:

1. the State's Attorney for the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;

2. the department of social services that has jurisdiction in the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;

3. a person related to the child or vulnerable adult by blood, marriage, or adoption; or

4. an adult who resides in the home.

Residence (n) "Residence" includes the yard, grounds, outbuildings, and common areas surrounding the residence.

Respondent (o) "Respondent" means the person alleged in the petition to have committed the abuse.

Temporary protective order (p) "Temporary protective order" means a protective order issued under §4-505 of this subtitle.

Victim (q) "Victim" includes a person eligible for relief.

Vulnerable adult (r) "Vulnerable adult" has the meaning provided in § 14-101(q) of this article.

Please feel free to call me if you have any questions about domestoic voilenc ein Maryland I am happy to answer your questions over the phone and will do so at no cost to you 1-888-760-7339

Settlement Agreement in Divorce in Maryland

Many times the preferred way to resolve your divorce case is by agreement. Sometimes that is possible and sometimes it is not possible. However be cautious when entering into a separation agreement. Always have an attorney review the agreement prior to signing anything. I have repeatedly seen situations where parties unrepresented by attorneys enter into agreements which prove harmful in the long run. Many examples can be found. A situation for everyone to watch out occurs when parties naïvely waive interest in assets of definable value. This happens when one accepts benefits as child-support payments not otherwise due or subject to modification in exchange for a waiver of an interest in a tangible property interest. Incredibly I have seen that situation several times. If you have questions regarding a separation agreement relative to your divorce in Maryland please feel free to give me a call. I will answer your questions over the phone at no cost to you. 1-888-760-7339.

Child Support in Maryland

Child-support in Maryland utilizes a mathematical formula for calculating the noncustodial parents obligation to support the children. Income from both parties is calculated and adjusted for health insurance premiums incurred to benefit the children, daycare cost related to work, and in certain circumstances private school education are added to the child-support guidelines and the child-support obligation calculated. One other added factor to consider is the number of overnights when the children are with the otherwise noncustodial parent. Once the threshold of 128 overnights is realized the same factors as set forth above are plugged into the mathematical formula however the mathematical formula for determining child support in Maryland is itself changed. Often times having very dramatic impact on lowering the noncustodial parents child-support obligation. One other element to take into consideration are travel cost incurred to facilitate the visitation. Often times the court will entertain arguments that the child support amount should not be paid in full and a deviation should be allowed when the noncustodial parent lives so far away from the children that they incurs a cost that they cannot afford, along with child-support payments, to see the children. If you have questions on child-support in Maryland please feel free to call me I will discuss your case over the phone at no cost to you. 1-888-760-7339.

How to Divorce in Maryland

Before you are eligible to file a complaint for absolute divorce in Maryland it is first necessary to establish the grounds for divorce. Once you have established that you are eligible to file the complaint for absolute divorce in Maryland you would file the complaint, information sheet and potentially a financial statement in the Circuit Court where either you reside or in the Circuit Court of the county where your spouse resides. The court will issue a summons for service on the spouse along with the information sheet, complaint and financial statement, if necessary. Upon service of the summons to your spouse they are then required to file an answer. If no answer is filed you would move forward to a default judgment. If an answer is filed the court will schedule a conference for all the parties to attend where appropriate court assets can be applied to the issues of the divorce case in an attempt to resolve the issues without litigation. If those measures are unsuccessful the case will proceed to a settlement conference. If the case cannot be resolved at the settlement conference a hearing date is scheduled for the parties to appear in court and present their evidence. There are a number of detours any given case can take depending upon the facts of those individual cases. If you have questions about your divorce in Maryland please feel free to call me. I am happy to answer your questions over the phone and will do so at no cost to you 1-888-760-7339

Maryland Uniform Child Custody Act

The Maryland uniform child custody act can be found in the Maryland family law at section 9.5 – 201. The purpose of this blog entry is to point out the interplay between the uniform child custody act and section 9-302 of the Maryland family code annotated dealing with removal of children from the state. As well as section 9.5 – 207 which addresses the Maryland state courts ability to decline jurisdiction due to inconvenient forum. I recently completed a case where one of the parents had removed the children from Maryland in a clandestine manner. The noncustodial parent was completely unaware that the children had been removed from Maryland until nearly 7 months after their relocation. There was ample evidence to establish that the custodial parent never communicated the relocation to the noncustodial parent prior to that seven-month period of time expiring. Of course the custodial parent file for custody in his new jurisdiction in the noncustodial parent requested the court in Maryland to assume jurisdiction due to the wrongful taking and removal of the children from Maryland. Maryland case law on point suggest that while 9-302 supports the continuing jurisdiction of the custody issue be heard in Maryland ultimately the court's decision will properly rest on 9.5 – 207 wherein the court will make a determination as to which of the jurisdictions is most convenient. Factors have been outlined by the court for consideration. If you have questions about jurisdictional issues involving child custody please feel free to call me or visit my websitehttp://www.yourmarylandlawyer.com/index.html . 1-888-760-7339

How to Divorce in Maryland (part II)

This is the second installment on instructions regarding how to divorce in Maryland. As was stated in the prior post before you can file a complaint for absolute divorce in Maryland you must first establish your grounds for divorce. Maryland recognizes several grounds for divorce some more prevalent than others. I have outlined only those that are most common.

An Absolute divorce in Maryland requires that you stay separate and aprt from your spouse for one year before you can file the complaint for absolute divorce. The only exceptions are if your spouse is committing adultery or treating you with excessively vicious conduct. The absolute divorce is the final divorce and addresses all the issues of the marriage, including, custody, visitation, child support, use and possession, alimony, equitable distribution of marital property and counsel fees.

The grounds available for an Absolute Divorce are:

Adultery; is defined as sexual intercourse with some one from the opposite sex that is not your spouse. It is proven by evidence of propensity to commit adultery and opportunity. A person who commits adultery can not be compelling to testify against themselves for any act occurring with in one year. Adultery can be proven my admission of the adulterous party only under circumstances where the case is hotly contested and there are no indications of collusion.

Desertion; your spouse left the marital home with the intention of ending the marriage and you and your spouse have remained separate and apart for one year and there is no hope you will ever get back together again.

Constructive Desertion: you left the marital home because your spouse made it impossible for you to continue living in the home with your health happiness and self respect intact. And you and your spouse have remained separate and apart for one year and there is no hope you will ever get back together again.

Excessively Vicious Conduct.

Voluntary Separation; you and your spouse agreed it was time to end the marriage and your spouse left the marital home. And you and your spouse have remained separate and apart for one year and there is no hope you will ever get back together again.

If you have questions on how to divorce in Maryland or the grounds for divorce in Maryland or any other subject involving divorce in Maryland please feel free to give me a call I am happy to answer your questions over the phone and will do so at no cost to you. 1-888-760-7339.

How to Divorce in Maryland

To answer the question of how to divorce in Maryland please appreciate there are procedures to be followed. In their simplest form it is necessary that you must establish your grounds for divorce. Once you have established the grounds for divorce you will file a complaint with the court attaching your longform or short form financial statement to the complaint for filing. The court will issue a summons and information sheet with instructions for you to attach your complaint and financial statement to the summons and information statement. At this point you must serve the summons, complaint and information statement on your spouse. Your spouse will then be required to file an answer. Once that task is completed the court will schedule a meeting at the court for a scheduling conference to set dates for additional court resources and other discovery related deadlines. As in all matters of the law there are several distinguishing requirements to be met not only in the drafting of your pleading but also in the service of the pleading and the time frames for the spouse to file his answer. If you have questions regarding any of these procedures please feel free to give me a call I am happy to answer your questions right over the phone and I will do so at no cost to you. 1-888-760-7339

Child Support Maryland Income Defined

In a Maryland child-support case the law has defined what income will be included in calculating the child support obligations. Below is an excerpt from that statute in Maryland law which defines income for child support purposes in a Maryland child support case.
b)(1) "Actual income" means income from any source.(2) For income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership or closely held corporation, "actual income" means gross receipts minus ordinary and necessary expenses required to produce income.

(3) "Actual income" includes:

(i) salaries;

(ii) wages;

(iii) commissions;

(iv) bonuses;

(v) dividend income;

(vi) pension income;

(vii) interest income;

(viii) trust income;

(ix) annuity income;

(x) Social Security benefits;

(xi) workers' compensation benefits;

(xii) unemployment insurance benefits;

(xiii) disability insurance benefits;

(xiv) for the obligor, any third party payment paid to or for a minor child as a result of the obligor's disability, retirement, or other compensable claim;

(xv) alimony or maintenance received; and

(xvi) expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business to the extent the reimbursements or payments reduce the parent's personal living expenses.

(4) Based on the circumstances of the case, the court may consider the following items as actual income:

(i) severance pay;

(ii) capital gains;

(iii) gifts; or

(iv) prizes.

(5) "Actual income" does not include benefits received from means-tested public assistance programs, including temporary cash assistance, Supplemental Security Income, food stamps, and transitional emergency, medical, and housing assistance.


If you have questions regarding child support in Maryland please feel free to give me a call at 1-888-760-7339. I am happy to answer your questions over the phone at no cost to you.

Child Support in MD

Child-support in Maryland is based upon a mathematical calculation that is outlined in the child support guidelines. It is essentially adding each spouse's gross income calculating the proportionate share of the income then calculating each parties financial obligation to pauy child support consistent with that percentage of contribution. Health insurance premiums are calculated in too adjusting the gross income. Child care costs are also calculated as well as uninsured health cost and education cost as they relate to, amoung other things, private schools. The court will allow deviations from the child support guidelines to facilitate visitations if it is proven that it is in the children's best interest to reduce the child-support payment. One other additional major factor affecting the amount of the child support to be paid is the number of overnights when the children are with the otherwise noncustodial parent. Once the threshold of 128 overnights is reached the mathematical formula for calculating child support is modified for that shared physical custody arrangement. If you have questions regarding Maryland child-support or child-support arrears or divorce in Maryland please feel free to give me a call. I will answer your questions over the phone at no cost to you 1-888-760-7339.

Adultery in a Maryland divorce

Adultery is one of the few grounds in the state of Maryland that will allow you to file a complaint for absolute divorce without waiting the one-year period of separation required by many of the other grounds for divorce that are available to you. I received many telephone calls every day from people asking if the e-mails and telephone messages between the offending spouse and the paramore are sufficient evidence of adultery. In order to prove adultery in the state of Maryland you must prove the offending spouse and the paramore have a disposition to commit the adultery and an opportunity to commit the offense. So yes the e-mails and text messages and the phone messages are important evidence. However proof of adultery is typically circumstantial evidence. In a divorce in Maryland adultery is required to be proven by a preponderance of the evidence. Opportunity requires some evidence that the offending spouse has been alone with the paramore that is enough to prove opportunity. If you have questions regarding divorce in Maryland please feel free to call me. I will answer your questions for you right over the phone. 1-888-760-7339

Uniform Child Custody Act Maryland

Circumstances arise where parties resident in different states have disputes over the custody of minor children. As a result of the problems most jurisdictions have adopted the Uniform Child Custody Jurisdiction and Enforcement Act. The Maryland statute is found in Maryland Family Law section 9.5–101 through 9.5–318. The implementation of the Act has eroded the concept of continuing jurisdiction over child custody issues. Particularly in those circumstances where a party is seeking a modification of a prior custody award and neither party resides in Maryland. In its simplest form the Act provides that the location which provides the most convenient forum for the court to determine the issue of custody in conjunction with the residents of the children for that six-month period of time immediately prior to filing the petition seeking custody shall be considered the home state. There are exceptions in emergency circumstances and in circumstances where the otherwise home state refuses to accept jurisdiction that Maryland will step in and decide issues for the parties. If you have questions regarding custody issues in a Maryland divorce please feel free to call me. I am happy to answer your questions right over the phone at no cost to you. 1-888-760-7339.

Joint Property Statements in Divorce in Maryland

In a divorce in Maryland a very valuable requirement is disclosure in the form 9-207it is the joint statement of property. I have attached the excerpts from the rules below.

a) When required.- When a monetary award or other relief pursuant to Code, Family Law Article, § 8-205 is an issue, the parties shall file a joint statement listing all property owned by one or both of them.
b) Form of property statement.- The joint statement shall be in substantially the following form:

INSTRUCTIONS:

1. If the parties do not agree about the title or value of any property, the parties shall set forth in the appropriate column a statement that the title or value is in dispute and each party's assertion as to how the property is titled or the fair market value.
2. In listing property that the parties agree is non-marital because the property is directly traceable to any of the listed sources of non-marital property, the parties shall specify the source to which the property is traceable.

(c) Time for filing; procedure.- The joint statement shall be filed at least ten days before the scheduled trial date or by any earlier date fixed by the court. At least 30 days before the joint statement is due to be filed, each party shall prepare and serve on the other party a proposed statement in the form set forth in section (b) of this Rule. At least 15 days before the joint statement is due, the plaintiff shall sign and serve on the defendant for approval and signature a proposed joint statement that fairly reflects the positions of the parties. The defendant shall timely file the joint statement, which shall be signed by the defendant or shall be accompanied by a written statement of the specific reasons why the defendant did not sign.

(d) Sanctions.- If a party fails to comply with this Rule, the court, on motion or on its own initiative, may enter any orders in regard to the noncompliance that are just, including:
(1) an order that property shall be classified as marital or non-marital in accordance with the statement filed by the complying party;
2) an order refusing to allow the noncomplying party to oppose designated assertions on the complying party's statement filed pursuant to this Rule, or prohibiting the noncomplying party from introducing designated matters in evidence.

Instead of or in addition to any order, the court, after opportunity for hearing, shall require the noncomplying party or the attorney advising the noncompliance or both of them to pay the reasonable expenses, including attorney's fees, caused by the noncompliance, unless the court finds that the noncompliance was substantially justified or that other circumstances make an award of expenses unjust.

If you have question on the joint statement of property, please feel free to call me to discuss. 1-888-760-7339. I will answer your questions at no cost to you right over the phone.

Joint Legal Custody In Divorce in Maryland

Definition of Joint Custody as defined in Taylor v Taylor.

Embraced within the meaning of "custody" are the concepts of "legal" and "physical" custody. Legal custody carries with it the right and obligation to make long range decisions involving education, religious training, discipline, medical care, and other matters of major significance concerning the child's life and welfare. Joint legal custody means that both parents have an equal voice in making those decisions, and neither parent's rights are superior to the other.

If you have questions on issues of joint legal custody divorce or personal injury in Maryland. Please feel free to call I will answer your questions over the phone at no cost to you. 1-888-760-7339

Uniform Child Custody Act Divorce In Maryland

The Uniform Child Custody Act among other things assist the court in deciding which of multiple different states may have jurisdiction to hear a custody action. The threshold typically is the children's residents for the 180 period of time immediately prior to a petition for custody being filed in that state. There are however circumstances where the 180 day threshold is of no force and effect to the then state of residence. For example, there are occasions where a spouse may secretively remove the children from the home state, establish new residency in another state, wait the 180 days, then file seeking custody. Maryland courts will not accept jurisdiction in a custody matter where the circumstances, giving rise to jurisdiction, involve wrongful taking, unjustifiable conduct, and are reprehensible conduct. Typically these are seeking off with the kids. If you have questions regarding jurisdiction or any other matter involving divorce in Maryland please feel free to give me a call 1-888-760-7339. I will answer your questions for you over the phone at no cost to you.

Divorce in Maryland Deviation from Child Support Guidelines

The law in Maryland does give the judge discretion to deviate from child support guidelines. The judge must explain why the deviation is in the child's best interest. However a deviation will often times be granted to facilitate vi station over distances to offset travel cost as an example. Also, if the non custodial spouse actually pays for after born children, they can also seek a deviation. The law likes to reward the person who pays child support whether court ordered or not. Ultimately the court can allow a deviation where is it justified to do so and in the child's best interest. If you have questions on divorce in Maryland please feel free to call me. 1-888-760-7339.

Child Support Extraordinary Medical Expenses

As part of the Maryland child support guidelines extraordinary medical expenses can be added to the monthly child support obligations as those costs are incurred. The definition of extraordinary medical expenses is found in the family Law article section 12-201. It means uninsured expenses over $100 for a single illness or condition it includes among other things, uninsured, reasonable, and necessary cost for dental, physical therapy treatment of chronic problems, professional counseling psychiatric therapy for diagnosed mental disorder. Typically these costs are apportioned between the parties consistent with their income ratios. However I have seen many times where the court simply requires each party to pay 50%. Which is not a bad deal for the financially dominant former spouse. If you have questions regarding these issues or any other issues involving a Maryland divorce action or personal injury and malpractice in Maryland please feel free to call 1-888-760-7339

Filing for Divorce in Maryland

In Maryland you can be granted a Limited Divorce and/or an Absolute Divorce. A Limited Divorce is used to obtain the temporary relief sometimes needed immediately after separation. For example your spouse has left the home and is not paying toward rent, food, alimony, child support, etc., and you need money now. You can file for a limited divorce and you do not have to wait for the normal one year separation. You can file immediately. An Absolute divorce in Maryland requires that you stay separate and apart from your spouse for one year before you can file the complaint for absolute divorce. The only exceptions are if your spouse is committing adultery or treating you with excessively vicious conduct. The absolute divorce is the final divorce and addresses all the issues of the marriage, including, custody, visitation, child support, use and possession, alimony, equitable distribution of marital property and counsel fees. The initial steps to filing a divorce in Maryland are as follows: Initial pleadings, Information Sheet, Financial Statement and filing fee are filed with the court. The Initial pleading (complaint) will be outlining your grounds and prayer for relief. The Court issues a summons and returns the pleading back to you for service. You locate and serve your spouse (or you can pay and let the sheriff serve your spouse) with the pleading. Depending upon where your spouse is served (in state/out of state) they have 30 days to file an answer. If you have questions on these or any other issues regarding divorce in Maryland, please feel free to call me. I will discuss your case over the phone, at no cost to you. 1-88-760-733. If you prefer visit my web page http://www.divorceinmaryland.net/

Child Care Cost in Divorce in Maryland

In a divorce in Maryland child support is based upon mandatory guidelines. One of the inclusions into the child-support calculation are actual childcare cost incurred by the custodial parent. The inclusion of childcare cost has a dramatic impact on increasing the amount of money to be paid by the noncustodial parent each month as payment. Below is outlined the Maryland statute on childcare expenses. As you will see the child care expense is properly included only where it is an actual costs incurred by the custodial parent due to employment or job search. As such if the custodial parent is incurring child care costs in pursuit of education or simply because they does not wish to keep an eye on the child every day the cost is not properly included in the child-support calculation. If you have any questions regarding child-support in a divorce in Maryland please feel free to give me a call at 1-888-760-7339. I am happy to answer your questions over the phone and will do so at no cost to you.

(g) Child care expenses.-

(1) Subject to paragraphs (2) and (3) of this subsection, actual child care expenses incurred on behalf of a child due to employment or job search of either parent shall be added to the basic obligation and shall be divided between the parents in proportion to their adjusted actual incomes.

(2) Child care expenses shall be:

(i) determined by actual family experience, unless the court determines that the actual family experience is not in the best interest of the child; or

(ii) if there is no actual family experience or if the court determines that actual family experience is not in the best interest of the child:

1. the level required to provide quality care from a licensed source; or

2. if the custodial parent chooses quality child care with an actual cost of an amount less than the level required to provide quality care from a licensed source, the actual cost of the child care expense.

(3) Additional child care expenses may be considered if a child has special needs.

Marital property Divorce In Maryland

The best way to understand marital property, in my opinion, is to view the issue as follows. Any and all value acquired during marriage is subject to an equitable distribution between the parties. It does not matter how the value is titled. If it is value acquired during marriage it is marital property. Once the court has determined what property is marital property the court then values that property and then the court makes a determination as to what is a fair and equitable distribution of that value. As you can imagine there are multiple areas of disagreement on the issues of marital property. I can tell you any divorce starts with the inventory of assets, liabilities, income, monthly expenses, and some opinion relative to what is in the children's best interest. If you have questions regarding martial property or divorce n Maryland please feel free to call me at 1-888-760-7339. I am more than happy to answer your questions over the phone at no cost to you.

Settlement Agreements in Divorce In Maryland

In a divorce in Maryland the court will recognize the validity of a Settlement Agreement. The applicable Maryland statute on this subject can be found in the family Law article 8-101 and 8-102, which in pertinent part provides that a husband and wife may make a valid and enforceable agreement that relates to alimony, support, property rights, or personal rights. And that such an agreement is not a bar to a divorce no matter when the agreement was executed. It is always advisable to have an attorney review any separation agreement prior to signing the separation agreement. Once the agreement is signed it is subject to the courts authority to enforce the agreement. It is not subject to modification on any issues other than, child custody, visation and child support. If you have questions regarding separation agreements or any other matter affecting divorce in Maryland please feel free to call me at 1-888-760-7339. I am more than happy to answer your questions over the phone at no cost to you.

Living Separate In a Maryland Divorce

Several people have called me in the past weeks asking whether they could file for a divorce against their spouse while they are still living under the same roof. Each has explained to me the financial difficulty of moving. You will find that Maryland has a public policy interest in people being married and remaining married. As such, absent the grounds of divorce of adultery and excessively vicious conduct, Maryland law does require that the parties remain separate and apart for one entire year plus a day before they are eligible to file a complaint for an absolute divorce. It is possible to file a complaint for a limited divorce under constructive desertion while you are still living together with your spouse. This is only necessary to do if you have issues of custody or child support or alimony. Also just to mention it is not necessary to file papers with the court to prove that you are separated. You simply no longer live with your spouse and you are legally separated for purposes of divorce in Maryland.

If you have questions on any issues regarding a divorce in Maryland please feel free to call me at 1-888-760-7339. I am happy to answer your questions for you over the phone at no cost to you.

Grandparent Visitation Divorce in Maryland

Maryland law on grandparent visitation has gone through many changes. Previously a grandparent simply have to petition for reasonable visitation with their grandchild. There were no preconditions to the visitation. The outcome of the trial was solely in the court's discretion and the court decision was guided solely upon determining what was in the child's best interest. See Maryland family law § 9-102. An equity court may:(1)consider a petition for reasonable visitation of a grandchild by a grandparent; and (2)if the court finds it to be in the best interests of the child, grant visitation rights to the grandparent. Case law in Maryland has had a very dramatic impact on section 9-102. It is important to note initially that both parents need to be made a party to the action. Presently a presumption in favor of the parents decision concerning visitation with a third party, including a grandparent, should be considered by the court. The third-party must demonstrate that there will be a current or future detriment to the child absent visitation with the third-party as a prerequisite for application of the best interests analysis.

If you have questions regarding grandparent visitation or any other matter involving personal injury, medical malpractice or family law matters please feel free to call my office at 1-888-760-7339.

Alimony in a Maryland Divorce

There are a few issues involving alimony that may be of some interest. For example although court ordered alimony is always subject to modification however parties can specify in agreements that alimony payments are not subject to further court modification. Unless the parties agree in writing alimony will terminate upon remarriage. The circuit courts have an inherent power to award alimony and the power to reserve the issue of alimony. Alimony payents may retroactively applid to a time prior to the filing of a formal request for a modification of the alimony. Alimony is income to the recipient and a deduction to the payor. Generally speaking alimy is based upon a financial ability to pay alimony and a demonstrated financial need from the person who is seeking alimony.

If you have questions on the issues involving a divorce in Maryland please feel free to call me at 1-888-760-7339. I am happy to answer your questions for you over the phone at no cost to you.

Settlement Agreements Divorce in Maryland

There are generally two ways to resolve issues that arise in a divorce in Maryland. One is by agreement and the other is to let the court decide. Where possible it is preferred to resolve your issues by agreement. The benefits include controlling, to the extent possible, the outcome of your divorce and it is considerably less expensive than litigating the issues before the court. In the last week I have received several telephone calls from persons, that I was not representing, who have entered into separation agreements and almost immediately had second thoughts about the agreement and wanted to attack the agreement and set it aside. There are several ways to attack an agreement. However I will mention immediately that it is very difficult to attack an agreement and win. Some of the grounds available to attack an agreement include: duress and undue influence, lack of consideration, unjust or in equitable agreement, oppressiveness which shocks the conscience of the court, mutual misunderstanding, improper counseling, material fraud, negligent misrepresentation, and injustice and inequity.

If you have questions regarding your divorce, a separation agreement, or any other matter involving divorce in Maryland please feel free to call me at 1-888-760-7339.

Child Support Overtime Income Divorce in Maryland

As we have discussed child-support in Maryland uses mandatory guidelines to determine the amount of child support to be paid. A question often times arises as to what income is income for purposes of calculating the child-support. There are many issues to consider for example gifts, capital gains, income attributed to a parent and many many other issues. The purpose of this blog entry is to address solely the issue of overtime income for child-support purposes. The court of Special Appeals heard the case of Brown versus Brown and determined that actual income for purposes of determining child support payments is overtime income provided the income is not speculative or uncertain. As such, generally, it is determined that in order to include overtime income as income for child-support the overtime must be a regular part of the parents employment. Typically evidence of the earning history will prove this point. Often times it is necessary to subpoena someone from the payors employment to come to court and offer testimony on the issue of overtime availability. In the case of Johnson v. Johnson the court had the opportunity to visit the issue of a bonus as income for child-support purposes. This issue creates even greater complexity when considering modification delays and the inequity of overpaying in light of the fact that overpayment cannot be reimbursed see Barr versus Barr.

If you have questions regarding Maryland child support please feel free to call me at 1-888-760-7339.

Contempt in Divorce in Maryland Child Support

A child support order in a Maryland divorce action can be enforced by way of contempt. There is a statute of limitations on when the contempt proceeding must be initiated. § 10-102. Statute of limitations for contempt proceeding. A contempt proceeding for failure to make a payment of child or spousal support under a court order shall be brought within 3 years of the date that the payment of support became due. Under section Rule 15-207. Constructive contempt; further proceedings. Subsectio (2) Petitioner's burden of proof.- Subject to subsection (3) of this section, the court may make a finding of contempt if the petitioner proves by clear and convincing evidence that the alleged contemnor has not paid the amount owed, accounting from the effective date of the support order through the date of the contempt hearing. ) When a finding of contempt may not be made.- The court may not make a finding of contempt if the alleged contemnor proves by a preponderance of the evidence that (A) from the date of the support order through the date of the contempt hearing the alleged contemnor (i) never had the ability to pay more than the amount actually paid and (ii) made reasonable efforts to become or remain employed or otherwise lawfully obtain the funds necessary to make payment, or (B) enforcement by contempt is barred by limitations as to each unpaid spousal or child support payment for which the alleged contemnor does not make the proof set forth in subsection (3) (A) of this section.

As such the court only needs to find that there was an order in place that the order was not followed and the person obligated to follow the order had the ability to follow the order. In this circumstance the larger issue is the purge provision of the court's order finding contempt. The purge must be consistent with the contemptuous individuals ability to meet the purge provision.

Use and Possession Affecting Stepchildren Divorce in Maryland

Use and possession in a divorce in Maryland involves the custodial parent having access to use the marital home or personal property acquired during the marriage for the benefit of the minor children in their custody. Often times an issue will arise as to whether or not a child is a child of the family. This occurs in a situation where there is a stepchild for example. Initially, a stepchild was found to be a child of the family the Court of Appeals in Maryland addressed the definition of child of the family to say a child of the family is the natural or adopted child of each of the parties to the divorce litigation. The statute does not include stepchildren within its scope. see Bledsoe 448 A2d 353 (1982).

Alimony New Changes in Divorce in Maryland

The Maryland courts have had the opportunity to consider the issue of whether guidelines as produced by computer programs should be considered by the judge when determining the issue of a person's eligibility for alimony and the duration of the alimony payments. The court addressed this issue in Thomas Boemio v. Cynthia Boemio . The court made clear in their decision that the statutory factors that have always been taken into consideration in determining alimony must still be consulted and must still be followed. However the statute does not preclude a judge from consulting with the computer calculated guidelines. I attended a recent settlement conference in Howard County and the settlement judge specifically requested both parties to submit computer calculated alimony guidelines. Sometimes the legal issues may be as simple as a mathematical formula. Sometimes maybe not. If you have questions regarding alimony in a Maryland divorce please feel free to give my office a call as I am more than happy to discuss those issues with you over the phone at no cost to you. 1-888-760-7339

Enforcing Child Support in Divorce in Maryland

If the court has entered an order requiring the noncustodial parent to pay child support and the noncustodial parent is able to pay the child support however refuses to pay the child support you can seek to enforce the Court's child support order by filing a petition for contempt. Rule 15-207 mandates the procedure to be followed in a civil contempt hearing. Subsection (e) focuses specifically on child or spousal support enforcement actions and provides that the alleged contemnor may be found in contempt upon a showing by clear and convincing evidence that he or she has not paid the amount owed. If the court makes a finding of contempt, it must issue an order specifying the amount of arrearage, the sanction, and how the contempt may be purged. Id. at 15-207(e)(4) (2001). The court may not make a finding of contempt, however, if the alleged contemnor proves that enforcement is barred by limitations or that he or she has never had the ability to pay despite his or her best efforts to obtain the funds necessary. Id. at 15-207(e)(3) (2001). In addition to the safeguards provided by Rule 15-207, the Court of Appeals has held that a court may not incarcerate a civil contemnor unless he or she has the to purge the contempt. As such there are actually two battlegrounds in any civil contempt proceeding. One is the initial finding of contempt and two is proof of the contemnor’s present ability to pay the amount of the purge provision.

Pursuing enforcement of child support orders can be expensive for both parties. Often times the best way to proceed with ensuring that you are paid your child support is to have the child support paid through the Department of Child support enforcement by wage withholding order. Now when the noncustodial parent fails to pay the Department of Child support enforcement will go after him. If you have any questions please feel free to call me at 1-888-760-7339 or visit my website at www.yourmarylandlawyer.com

Restrictions on Visitation Access in Divorce in Maryland

Maryland has declared that a parent's interest in raising a child is a fundamental right that cannot be taken away unless clearly justified. In re Adoption, 103 Md. App 1, 12,651 A 2d 891, 894 (1994). Juxtaposed against this fundamental right is the state's primary obligation to see to the protection of those who cannot protect themselves. Maryland courts have long recognized that under proper circumstances a Maryland court may restrict or deny visitation Painter v. Painter 113 Md. App. 504, 688 A.2d 479 (1997).

To restrict and control access the court must consider the appropriate factors, must make a specific finding of fact on the record stating the reason for its decision, and there must exist a nexus between contact with the parent and harm to the child. If no clear, direct connection is found, then the noncustodial parent's visitation rights cannot be restricted. Boswell v Boswell 118 Md. App. 1, 701 A 2d 1153 (1997), aff’d 352 Md 204, 721 A 2d 662 (1998).

In Boswell, involving a homosexual father, the court focused on non marital sexual relationships affecting visitation restrictions. The restrictions therein prevented visits in the presence of specified persons and at specified times.
In Boswell, the reviewing court initially took note of the trial court's error. Specifically, the trial court failed to articulate any reason for restrictions on access other than what was characterized as the “inappropriateness” of the father’s homosexual relationship. Further the reviewing court took note of the trial court's failure to state on the record the manner in which the children would be harm by the father’s conduct. The court took particular note that the trial court could not have articulated any harmful effect, since there was no evidence to support such a finding. As such there was no showing that the restriction was necessary to prevent any adverse impact on the children. Clearly there was no nexus between conduct and an actual harm or potential harm.

The Court ultimately declared, “restrictions on access cannot be based solely on speculation, inferences, or presumptions about the likelihood of harm unsupported by adequate evidence”.

The Boswell Court recognized it is not necessary for a court to sit idly by and wait until a child is actually harmed before placing restrictions on visitation. However there must be sound evidence demonstrating that a child is likely to be harmed down the road. The need for a factual finding of harm to the child requires that the court focus on evidence-based factors and not on stereotypical presumptions of future harm. Therefore, before the court restricts the noncustodial parent’s visitation, it must make specific factual findings based on sound evidence in the record. If the court does not make these factual findings, instead basing its ruling on personal bias or stereotypical beliefs, then such findings may be clearly erroneous and the order may be reversed. In addition, if the trial court relies on abstract presumptions, rather than sound principles of law, and abuse of discretion may be found.

Maryland law has made clear restrictions on access cannot be based solely on speculation, inferences, or presumptions about the likelihood of harm unsupported by adequate evidence.

It is erroneous fact finding and abuse of discretion to require supervised visitation as necessary to prevent a harm or potential harm that is not supported by sound fact finding.

When a Court is permitted to place restrictions or limitations on visitation they must be reasonable, and must bear a reasonable relationship to the harm they seek to prevent. An “abuse of discretion" is said to occur "where no reasonable person would take the view adopted by the [trial] court," when the ruling is "clearly untenable, unfairly depriving a litigant of a substantial right ……..." North v North 102 Md App. 1, 648 A 2d 1025 (1994).

How To File For Divorce in Maryland

As an overview on how to file for divorce in Maryland is important to first verify that Maryland has jurisdiction in your case. One or the other of the parties must reside in Maryland for at least one year prior to filing a complaint for absolute divorce in Maryland. Once you are confident you have this jurisdictional issue resolved the process is fairly straightforward. You must identify which issues you will need the court to address. There is a finite list of issues to be dealt with in any divorce in Maryland. You will file your complaint for absolute divorce in the county where your spouse lives or works or if you are a Maryland resident you may also file in the county where you live. You can secure the complaint forms at the circuit court in which ever of the counties or cities you will be filing. If you are seeking child support or alimony it will be necessary to file a financial statement with your complaint. Once you have filed the complaint the court will take approximately 2 weeks to process your paperwork and will return your paperwork to you with a summons. You then will have to serve your paperwork and the summons on your spouse. Once your spouse receives the paperwork and the summons, depending upon where they are served or reside, they will have a period of time to file an answer. If they should fail to file an answer you will asked the court to enter a default judgment against them. If you have questions about this process please feel free to give me a call I am happy to into your questions for you right over the phone at no cost to you 1-888-760-7339.

Child Support Arrears in Maryland

The Court of Appeals in Rosemann v. Salsbury, Clements, Bekman, Marder & Adkins, LLC determined that personal injury recovery is exempt from attachment to pay child support arrears. The case originates when the payor spouse received settlement funds arising from her personal injury case. Her former husband and custodian of the minor children learned of her recovery and sought to attach the funds in support of a judgment he had received for child support arrears. The court determined that the former wife's personal injury recovery is exempt as moneys payable in the event of sickness, accident, personal injury, or death.

Child Support Overpayment Divorce in Maryland

There are occasionally those situations where the payor spouse has made in overpayment of his child support obligation. For example, when incomes have changed and a motion for modification of the child support has been filed based upon that material change of financial circumstances however the hearing is not until several months later. In that circumstance the spouse who is paying the child support may be paying an amount in excess of what Maryland Child support guidelines might otherwise require. As such, it would seem to make sense that the spouse who has overpaid would be entitled to reimbursement for the overpayment. In a divorce in Maryland the spouse who has overpaid the child support amount is not entitled to restitution or reimbursement for the overpayment. The Maryland court addressed this issue in KRIKSTAN v. KRIKSTAN 90 Md.App. 462 601 A.2d 1127. Therein the Appellant complains that the court erred in ordering her to reimburse appellee for the overpayment of support. For several reasons the court determined that they need not address this issue at length. However, for the benefit of the court on remand, the court noted that appellee has "no right to restitution or recoupment following a modification of child support." Holbrook, 132 Md. App. at 70, 750 A.2d 724; see Tanis, 110 Md.App. at 570-71, 678 A.2d 88; Krikston, 90 Md.App. at 473, 601 A.2d 1127.

In Barr v. Barr, 58 Md.App. 569, 588, 473 A.2d 1300 (1984), the court explained that child support is the obligation of a parent to a child, not to the other parent. Therefore, a parent who "overpays" has no absolute right to recoupment. The concern, of course, is that such a requirement ultimately could deprive the child of benefits already received.

Material Change of Financial Circumstances Child Support Maryland Divorce

Once the court has entered an order for child support that order is subject to future modification. Pursuant to Maryland Family Law Article section 12-104 the court may modify a child support award subsequent to the filing of a motion for modification and upon a showing of a "material" change of circumstances. However the court may not retroactively modify a child support award prior to the date of the filing of the motion for modification. This is a very important point not to miss. As soon as you have a material change in circumstances you must file your motion for modification. The change in circumstances may include things such as the child reaching age of majority, a change of the physical custody, a change of the visitation schedule to exceed 128 overnights per year or may include a change in the income of the parties. For example, if you lose your job file your motion for modification. In the case of Kierein 115 Md App 448 (1997) the court determined that the child support order can only be modify it if there has been a material change in circumstances, needs, and financial conditions of the parties from the period of time immediately preceding when the court last had an opportunity to consider the issue. What qualifies as a material change depends on the facts of each case. In these situations I suggest that my clients, through counsel, for a correspondence to the other party enclosing their income information with proof of income and asked the other side to do the same. The adjustment to the child support order can be done by consent between the parties provided of course the modification still complies with Maryland Child support guidelines. If you are not sure you are entitled to a modification that please feel free to call my office. 1-888-760-7339

Dissipation of marital assets divorce in Maryland

“Dissipation may be found where one spouse uses marital property for his or her own benefit for a purpose unrelated to the marriage at a time where the marriage is undergoing an irreconcilable breakdown.” Sharp v. Sharp, 58 Md.App. 386, 401, 473 A.2d 499 (1984). We have defined dissipation as expending marital assets “for the principal purpose of reducing the funds available for equitable distribution.” Jeffcoat v. Jeffcoat, 102 Md.App. 301, 311, 649 A.2d 1137 (1994).

Whether the use of marital property to pay attorney's fees constitutes dissipation.

In the case of Allison v. Allison 160 Md.App. 331, 864 A.2d 191 the Court determined: As a policy matter, attorney's fees should generally be viewed as a legitimate expenditure of marital funds. Since the law permits divorce, the law should permit spouses to spend the funds necessary to pay for legal services in divorce proceedings. Divorcing spouses usually do not have their own separate funds to pay their lawyers, so a rule that condemns the use of marital funds for legal services simply does not make sense. The doctrine of dissipation was developed as a tool to prevent and remedy economic misconduct that could frustrate an equitable distribution of partnership assets. Expenditures for legal services cannot be fairly characterized as economic misconduct. On the contrary, it should be viewed as entirely appropriate for people facing marriage breakdown to obtain the legal advice and assistance needed to equitably distribute marital assets.

Furthermore, it wastes resources to require spouses either to seek court permission before spending marital funds to obtain legal assistance or to seek a preliminary award of fees rather than spending the money necessary to obtain counsel. The doctrine of dissipation should remain available, however, to provide an avenue for redress if one spouse spends an unnecessary or unreasonable amount of marital funds on legal fees.

Defending Contempt in a Maryland Divorce

Whenever an individual violates a provision of a court order their actions may constitute constructive contempt of the court. Typically we frequently see these types of contempt actions when people fail to pay alimony, fail to pay child support, or fail to obey court orders regarding visitation. A proceeding for contempt must be filed in the same court that issued the order. Just the mention, the statute of limitations for filing a contempt proceeding for nonpayment of child support is three years see section 10-102 of the Family Law article.

My best advice first and foremost is to obey all court orders. However there are circumstances where people simply cannot abide by the court order. Circumstances where an individual is required to pay alimony or child support and has lost his job would be a perfect example of that type of circumstance. The argument that would be advanced to the court would illistate he did not have the ability to comply with the court's order through no fault of your own, he lost his job. The judge will not find you in contempt of court unless there is evidence that you willfully, intentionally disobeyed his order. If you can present evidence that you intended to abide by the order but circumstances occurred beyond your control that prevented you from obeying the order then you stand a very good chance of not being found in contempt.

Siblings and Divorce in Maryland

Ordinarily the best interest and welfare of the children of the same parents is best served by keeping them together to grow as brothers and sisters under the same roof. There is no presumption that the best interest of siblings is preserved by keeping the children together. However generally, Maryland divorce law frowns upon division of siblings. There are a number of cases in Maryland divorce law where the Court has determined that the living arrangement which separated the siblings was to remain in tact since the children were driving in that living arrangement. Davis v Davis 280 Md 119 (1977) is an example where the court upheld the division where the youngest child had resided for two years with the mother without her siblings and had adjusted well to that arrangement. In Byrce v Bryce again the court upheld the division of siblings where the 2 older children had been with the mother and the youngest remained with the father.

If you ever have questions regarding, visitation, or custody or child support issues please feel free to give me a call I'm more than happy to answer your questions. 1-888-760-7339

Venue Affecting Divorce in Maryland

Venue refers to what city or county you can use to file your complaint. It is an important issue in divorce cases.It is important due to the pace of getting cases scheduled and the judge's particular orientation on custody issues. Generally as you will see below venue depends on residency and employment issues.

MD Code, Courts and Judicial Proceedings, § 6-201

6-201. In general

(a) Subject to the provisions of §§ 6-202 and 6-203 of this subtitle and unless otherwise provided by law, a civil action shall be brought in a county where the defendant resides, carries on a regular business, is employed, or habitually engages in a vocation. In addition, a corporation also may be sued where it maintains its principal offices in the State.


(b) If there is more than one defendant, and there is no single venue applicable to all defendants, under subsection (a), all may be sued in a county in which any one of them could be sued, or in the county where the cause of action arose.
§ 6-202. Additional actions

In addition to the venue provided in § 6-201 or § 6-203, the following actions may be brought in the indicated county:


(1) Divorce -- Where the plaintiff resides;

Marital Property and Exclusions in Maryland Divorce

When contemplating a divorce in Maryland, the question of "is it marital property" always seems to surface. "Marital" and "nonmarital" are adjectives used to describe time or manner of acquisition by either or both spouses. These words have nothing to do with "ownership", possession, or who uses it most. When a dispute arises between the parties in a Maryland divorce, the court shall determine what is marital property. In a Maryland divorce marital property can result in a monetary award, and hence why this is a hot topic in most Maryland divorce cases. There are things that can be excluded from "marital property". They are, property that was aquired before marriage, any inheritance or gift from a third party, anything that the parties agree to upfront that will not be considered marital property by agreement. If you have any questions regarding a divorce in Maryland, please feel free to call my office.

Child Custody Modification Divorce in Maryland

In a Maryland divorce the issues of child custody, visitation, child support, children's education, and alimony are always subject to further court modification. See family law article section 8-103. It is important to take note that modification of a prior award regarding custody and visitation issues will require proof that there has been a change of circumstances and that the modification being sought is in the child's best interest. Typically, you will find that courts are not anxious to change custody and visitation unless something is wrong with the current situation. It is one of those situations where if it ain't broke don't fix it.

As to child support is important to know that aarrears for child support modification is only retroactive back to the date that you request the modification. And it once again you do need to prove a material change of financial circumstances to justify the modification of the prior child support amount. I've seen countless cases where the payor spouse has lost their job and child support enforcement is continuing to pursue them for a child support payment. If you lose your job go to the circuit court in the county that entered the child support order and file a motion to modify the child support. You can do this on your own. If you have any questions just give my office a call and we will point you in the right direction. 1-888-760-7339

Attorney appointed for child in Maryland divorce

In a Maryland divorce case provisions are made for the appointment of an attorney to represent a minor child if necessary. The rules that govern the appointment of an attorney to represent a minor child are found in Maryland rule 9-205.1. Generally there are three categories of classifications into which an attorney may fall in his or her representation of a minor child.

One such category is the child's best interest attorney. This attorney is appointed by the court and acts in the child's best interest without being bound by the child's directives.

Another category is the child's advocate attorney. This is a court appointed attorney who represents the child much like the attorney would represent an adult and acts in furtherance of the child's directives.

Finally you have the child's privilege attorney. This is a court appointed attorney who is in the case for the purpose of either asserting or waiving the doctor patient privilege. This category of attorney was once known as the Nagle v Hooks attorney.

If you have questions regarding these issues or any other matter affecting a divorce in Maryland.

Please feel free to call my office

Statute of Limitations on Child Support in Maryland

I received many calls every day from people asking if there is a statute of limitations on enforcing child support orders. The most direct way to enforce a child support order is to file a petition for contempt. You should review the Maryland family law article section 10-102. If you decide to proceed in this manner, you have three years from the date of nonpayment to bring your contempt proceeding.

This three-year limitation only applies to contempt proceedings and does not apply to proceeding for judgment for child support arrears. In that case the statute of limitations is 12 years. You can review the case of Miller v. Miller, 70 Md. App 1
(1987. This same 12 year statute of limitations would apply to actions to recover a judgment for medical and dental expenses which a party was obligated to pay in a separation agreement incorporated into a judgment of divorce. Please review the
O'Hearn case 337 Md 292 (1995).