Divorce Lawyer in Greenbelt

What you need to know about divorce in Greenbelt, Maryland and Prince George County is that all issues of the divorce can be identified in a list, As follows:

1. Jurisdiction
2. Grounds
3. Custody
4. Access
5. Child Support
6. Use and Possession
7. Contribution
8. Alimony
9. Distribution of marital property
10. Debt
11. Counsel Fees

If you have questions about Divorce and Child Custody in Maryland. Please feel free to call. I will answer your questions, over the phone at no cost to you. 1-888-760-7339.

Divorce Lawyer in Anne Arundel County

Mr. Bartnik has more than 27 years’ experience working as an Anne Arundel County divorce lawyer. In this time, Mr. Bartnik has represented clients in child custody cases, child support cases, Uniform Child Custody Act case, domestic violence and peace orders, financial statements, claims for use and possession, contributions claims, judgment enforcement actions, alimony claims, property distribution and suit money and counsel fee cases. Mr. Bartnik has consistently maintained the highest professional standing and effectively and efficiently represented client to successful resolution of their domestic issues. As the father of 4 boys Mr. Bartnik is knowledgeable about people and relationships and the need children have to enjoy the company of each parent, when appropriate. So feel free to call. I am happy to answer your questions. 1-888-760-7339

Grounds for Divorce in Maryland

Child Custody Lawyer in Maryland

Separation Agreement Maryland Divorce

Ask Me About Maryland Law

You Have Questions. I Have Answers. All about Maryland law. 1-888-760-7339. And best of all you can call for a free phone consultations.

Mr. Bartnik has more than 27 years’ experience working as a Maryland personal injury attorney and medical malpractice and divorce lawyer. In this time, Mr. Bartnik has represented clients in medical malpractice claims, birth injuries, shoulder dystocia or erb's palsy, car accidents, motorcycle accident, truck accidents, slip and fall injuries, and other traffic accidents in Maryland. Mr. Bartnik has proven liability and damages, and has represented clients suffering serious life changing injuries. Spinal cords injuries, Erbs palsy, back injuries, head injuries, fractures, as well as, herniated disk, knee injuries, ankle injuries, facial injuries and shoulder injuries to name just a few. Mr. Bartnik has represented clients in custody cases, alimony claims, property distribution and child support matters. So feel free to call. I am happy to answer your questions.

The Divorce Lawyer in Owings Mills

What you need to know about divorce in Maryland and Baltimore County is that all issues of the divorce can be identifed in a list, As follows:

1. Jurisdiction
2. Grounds
3. Custody
4. Access
5. Child Support
6. Use and Possession
7. Contribution
8. Alimony
9. Distribution of marital property
10. Debt
11. Counsel Fees

If you have questions about Divorce and Child Custody in Maryland. Please feel free to call. I will answer your questions, over the phone at no cost to you. 1-888-760-7339.

The Maryland Divorce Lawyer Discussed Child's Best Interest in Maryland

The courts and the state of Maryland apply is called the " best interest standard" to determine issues such as custody and visitation. There are number of factors that the court will look at to determine what is in the child's best interest. The factors have already been spelled out in the case of Montgomery County Department of Social Services versus Sanders, these factors include

- Fitness of the parents

- character and reputation of the parties
- the desire of the natural parents and the contents of any agreement between them
- the potentiality of maintaining natural family relationsthe preference of the child, at least when the child is of sufficient age and capacity to form a rational judgment
- any material opportunities affecting the future of the child
- The age, health and sex of the childthe suitability of the residences of the party, and whether the noncustodial parent would have adequate opportunities for visitation
- how long the child has been separated from the natural parent who is seeking custody
- the effect of  prior abandonment or surrender of custody of the child
- the bottom line and custody cases remains the best interest of the child

If you have any questions regarding child custody in Maryland divorces. Please feel free to call me at 1-888-760-7339 and I am happy to answer your questions over the phone at no cost to you

Child Custody Lawyer in Maryland

Maryland Child Custody Law revolves around the simple concept of what is in the child's best interest. Custody happens on two different levels, which are themselves further broken down into two levels. You have Legal Custody, further broken into sole and joint, and you have Physical Custody, further broken into sole and shared. It is interesting to note that the Court in Maryland can not enter an order for pendente lite custody when the parties continue to reside together. See Maryland Family Law Article 5-203.

Legal Custody:  Sole Legal Custody and Joint Legal Custody. Sole Legal Custody is where only the custodial parent has the right to make the decisions affecting health, education and welfare. Joint Legal Custody is where both parents share equally in decision affecting the health, education and welfare of the minor child.

Physical Custody is more interesting then legal Custody.
Physical Custody is where the child lives. Physical Custody is also broken down into two different categories. You have either Sole Physical Custody or Shared Physical Custody. Once a non custodial parent enjoys Shared Physical Custody it means two things (1) he/she has the child with them in excess of 128 over nights per year and (2) the child support obligation is affected by the overnights with the otherwise non custodial parent. You will find many people fight over the 128 overnights. In order for a non custodial parent to reach the 128 number they must establish it is in the child's best interest. The court looks at the factors in a case call Taylor v Taylor to help the judge make the difficult decisions on whether to order sole joint custody or shared physical custody. 

If you have questions regarding child custody or child support in a Maryland Divorce, then call your Maryland Divorce Lawyer. 1-888-7607339. You have questions. I have answers. At no cost to you free phone consultation.

Child Support for Non Biological Children

Maryland law does recognize the authority of the court to order a non biological parent to pay child support for a  non biological child if the parent has treated the child as his own; the mother has relied upon the representation of the husband that he would care for the child and the mother has suffered economic detriment as a result. See Knill v Knill 306 Md 527 and see also Markov v Markov 360 Md 296. The one catch point is that the mom must show she has made an effort to locate the biological father to make him pay. If she does not then she can not prevail. If you have questions regarding this matter of any other issue involving divorce in Maryland. Please feel free to call me 1-888-760-7339

Alimony in a Divorce in Maryland

In Maryland it is the "policy of the State to limit alimony, where appropriate, to a definite term in order to provide each party with an incentive to become fully self ­supporting." Turner v. Turner, 147 Md. App. 350, 387 (2002). Section 11-106(b) of the Family Law Article of the Maryland Code sets forth twelve (12) factors that a trial court must consider in determining an award of alimony. Although a trial court must consider all the statutory factors listed in F.L. § 11-106(b), it "need not use formulaic language or articulate every reason for its decision with respect to each factor. Rather, the court must clearly indicate that it has considered all the factors." Digges v. Digges, 126 Md. App. 361, 387 (1999).

In examining the trial court's award of alimony, a reviewing court "will not disturb an alimony award unless the trial court has arbitrarily exercised its discretion or its judgment was otherwise wrong." Long v. Long, 129 Md. App. 554, 581 (2000). Reviewing courts are to "accord great deference to the findings and judgments of trial judges, sitting in their equitable capacity, when conducting divorce proceedings," Id

These factors include: (1) the ability of the party seeking alimony to be wholly or partially self­ supporting; (2) the time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment; (3) the standard of living that the parties established during their marriage; (4) the duration of the marriage; (5) the contributions, monetary and nonmonetary, of each party to the well-being of flip faintly; (6) the circumstances that contributed to the estrangement of the parties; (7) the age of each party; (8) the physical and mental condition of each party; (9) the ability of the party from whom a11uiony Is sought to meet that party's needs while meeting the needs of the party seeking alimony; (10) any agreement between the parties; and (11) the financial needs and financial resources of each party, including:(i) all income and assets, including property that does not produce income; (it) any (monetary] award made ...; (iii) the nature and amount of the financial obligations of each party; and (iv) the right of each party to receive retirement benefits.,.

Accident Attorney and Child Support Arrears

In a Maryland accident case, The Maryland Court of Appeal determined

that funds received as a part of a settlement in personal injury case are exempt from being executed for a judgment of child support arrearages.

The case is illustrated when the primary custodial parent of two minor children sought to garnish funds received from his ex-wife in a personal injury lawsuit after she failed to pay her child support.
The Circuit Court found, and the Court of Special Appeals affirmed that the funds were exempt from execution on judgment in accordance with Courts and Judicial Proceedings § 11-504(b)(2), which states the following:

(b) The following items are exempt from execution on a judgment:

(2) Money payable in the event of sickness, accident, injury, or death of any person, including compensation for loss of future earnings.

This exemption includes but is not limited to money payable on account of judgments, arbitrations, compromises, insurance, benefits, compensation, and relief. Disability income benefits are not exempt if the judgment is for necessities contracted for after the disability is incurred.

 If you have questions regarding enforcement or recovery of child support arrears please feel free to call my. we will we will discuss your case over the phone at no cost. 1-888-760-7339

Transfer of Real Property in a Marital Award in a Divorce in Maryland

In a divorce in Maryland the Court has the ability to divide the marital property of the parties and make an equitable distribution of that property. Pursuant to MD Family Law Article 8-205 when dividing marital property the court has the ability to grant a monetary award or transfer ownership of an interest in property. This transfer of ownership can apply to pensions, retirement plans, or family use personal property, as well as to any real property that was jointly owned by the parties. Pursuant to 8-205(a)(2)(iii)(1) “subject to the terms of any lien, real property jointly owned by the parties and used as the principal residence of the parties when they lived together, by ordering the transfer of ownership of the real property any interest of one of the parties in the real property to the other party if the party to whom the real property is transferred obtains the release of the other party from any lien against the real property.” This statute grants the court the ability to transfer the ownership of real property such as the marital home of the parties or any other property that is owned jointly by the parties to be one parties sole property. However this is subject to the consent of any lienholders and may only be transferred in accordance to any terms in a mortgage or other lien agreement.

Alimony Termination in Divorce in Maryland

In a case recently decided JOHN C. BRADLEY v. SHARON M. BRADLEY, the petitioner Mr. Bradley sought to terminate and indefinite alimony award, which was arrived at thru separation agreement and contain a provision that the indefinite alimony was not subject to further court modification. Mr. Bradley brought his action asserting that the termination of the alimony was necessary to avoid a harsh and unjust result. The provision of the separation agreement provided in pertinent part:

“Husband shall pay to Wife, for her support, the sum of Twenty- Six Thousand Eight Hundred Dollars ($26,800.00) per year accounting from the date hereof, payable in equal monthly installments of Two Thousand Two Hundred and Thirty-Three Dollars ($2,233.33) on the first day of each month, for so long as the parties live separate and apart and until the first to occur of any of the following events: (a) remarriage of Wife, (b) death of either party. The aforesaid provision shall not be subject to modification by any court, unless the Wife becomes disabled, and is unable to perform any duties or earn any income in the teaching and clerical fields. Her disability must be certified by two (2) physicians who are licensed in the State of Maryland, one of whom shall be the Wife’s current treating internist or cardiologist. The parties expressly waive the right ever hereafter to have any court change or make a different provision for the support and maintenance of Wife, except as provided herein, and they further expressly covenant and agree that under no circumstances, except those provided herein, shall either of them hereafter apply to any court for an increase or decrease in the amount of or a modification of the terms of such support. 

 

The husband  subsequently became disabled. Then, pursuant to § 11- 108 of the Family Law Article, which 1 states as follows: “Unless the parties agree otherwise, alimony terminates: (1) on the death of either party (2) on the remarriage of the recipient; or (3) if the court finds that termination is necessary to avoid a harsh and inequitable result.”, The husband sought to extend the courts authority to modify separation agreement, arguing that the failure of the agreement to specifically provide a provision addressing modification in the event of a necessary task to avoid harsh and inequitable result granted the court authority to make the modification. The court declined to extend its authority. Ultimately it is the court's determination that the non-modifiable alimony provision will not be overcome by subsequent harsh inequitable results unless the agreement specifically states that the non-modifiable alimony will be subject to modification in the result of harsh inequitable results.

 

If you have questions regarding your divorce action. Please feel free to call me. I will answer your questions right over the phone at no cost to you. 188-760-7339.

 

 

 

 

Constructive Desertion in a Divorce in Maryland

Constructive Desertion is grounds for both a limited or absolute divorce in Maryland. The elements of a constructive desertion are the petitioning spouse bringing the separation due to the the respondents misconduct. This misconduct can be proven by showing that they were suffering from cruelty that could be in the form of either physical abuse or any other acts that would affect and impair the petitioners health and making living with their spouse intolerable. The petitioning spouse must show that it was necessary for them to leave in order to maintain their health, safety and self respect. When the petitioning spouse can prove the above listed elements they have shown that the other party has constructively deserted them due to the behavior that they have exerted.

Desertion in a Divorce in Maryland

In a divorce in Maryland desertion can be used as a ground for both an Absolute or Limited Divorce. To prove desertion the party asserting that they have been deserted must show that there has been a physical separation, that this separation has been without the consent and against the will of the spouse asserting that they have been deserted, that the separation is without a justification. If there has been an actual desertion the only defense for the party who has left would be that they have a justification for leaving.

Adultery in a Divorce in Maryland

Adultery is one of the few grounds for divorce available where a party is able to file for divorce in Maryland without a waiting period . Adultery is able to be proven through circumstantial evidence however the party who filed must prove that their spouse had the disposition to commit the act of adultery as well as the opportunity to commit the offense. The burden of proving adultery is on the party who has filed for divorce and raised adultery as their grounds for the divorce.

Grounds for an Absolute Divorce

In Maryland an absolute divorce is governed by MD Family Law 7-103. Only an absolute divorce will permit the parties to remarry after the divorce is finalized. In order to be granted an absolute divorce all of the grounds must be satisfied before the party files the complaint for divorce. A 12 month separation is required for either using desertion or constructive desertion as a ground for divorce or for a no fault divorce. The only grounds that do not require separation for 12 months before filing are adultery or cruelty of treatment/excessively vicious conduct.

Voluntary Impoverishment in Calculating Child Support in Maryland

In calculating child support in a divorce in Maryland a party cannot voluntary impoverish themselves.Under MD Family Law 12-205(b) the exceptions for voluntary impoverishment are those individuals who have a physical or mental disability or those who are caring for a child under the age of 2 for whom parents are jointly liable for support. The standard in Maryland is that it is voluntary impoverishment when a party makes a free and conscious choice, that is not compelled by factors outside of their control that renders him/herself without adequate resources. When a party is determined to be voluntary impoverished they are imputed with income as determined by MD Family Law 12-201(1).

Mediation in Divorce in Maryland

Mediation is commonly being resolved to resolve issues of child custody and access in many divorce cases in Maryland. When mediation is ordered by the court in a family law case it is typically used for the parties to come to an agreement on a parenting plan rather than the court arbitrarily deciding what they believe to be in a minor child's best interest. However this parenting plan can be incorporated into a court order so that the parties are legally bound to follow the agreement.