I recently tried what started off as a fairly typical Maryland custody case that turned into a relocation case four months before the scheduled trial date. The decision still has not been rendered by the Court, but nevertheless thought the situation is one in which many folks find themselves and…
The Maryland House Judiciary Committee has rejected a bill proposed by Delegate Emmett C. Burns, a Democrat from Baltimore County, that would prohibit the state from recognizing same-sex marriages lawfully performed in other states. The proposal “was seen as a pre-emptive strike against a legal opinion that state Attorney General…
The state of the current economy has left many of my clients trapped in a house with their current spouse, limiting their ability to file for an absolute divorce based on a one year separation (For more information on no fault divorce see our August 15, 2010 blog). The Baltimore…
The short answer is, they do not. Martial property is defined as “the property, however titled, acquired by 1 or both parties during the marriage.” Maryland Code, Family Law § 8-201(3). This includes a marital business acquired by one or both of the parties during the marriage. For more information…
The Maryland Court of Appeal issued an opinion in Curtis O. Rosemann v. Salsbury, Clements, Bekman, Marder & Adkins, LLC on January 13, 2010 stating 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.…
Maryland’s second highest court filed an opinion in the case of Guzman Cruz v. Clemencia Silva on November 25, 2009, which held that a spouse can be awarded alimony absent a divorce. The idea of alimony disconnected from a divorce, although a strange scenario for most to imagine, has long…
When disclosing or researching your marital property in a Maryland divorce action, it is important that clients are informed that any portion of a retirement account accrued during the marriage is marital property. For more information on marital property in Maryland, see Maryland Code, Family Law 8-203 and see August…
With the holidays approaching many parents in divided households may be facing uncertainty or conflicts as to where their child(ren) will be spending the holiday. The Maryland Court system in years past has implemented specific instructions for what is known as “holiday court,” or the process that takes place in…
The Daily Record reports that the Maryland Court of Special Appeals has decided to vacate the Baltimore County Circuit Court’s decision to allow Larissa S. to visit with her ex-partner Melissa B.’s eight year old son. The couple dated for seven years, before deciding to have a child in 2001,…
Clients often ask if their soon to be ex-spouse, ex-spouse or co-parent of their child(ren) will be able to change a custody order after it is entered at their free will whenever they want to? The answer is that the other parent may file with the Court to modify the…
Many clients incorrectly assume that mothers are favored over fathers in a custody case. The truth is that the “tender years doctrine,” has been abolished in all fifty states as it violates constitutional law. This doctrine, which is what many clients are relying on when assuming that a mother may…
If the respondent (alleged abuser) in a protective order proceeding has a protective order entered against them, what are the petitioner’s (alleged victim of abuse) options if the respondent violates the order? A violation of the protective order is any action the respondent takes that violates the provisions the judge…
On September 21, 2009, the Maryland Court of Appeals issued an opinion holding that the Circuit Court for Garrett County had erred in ordering a paternity test for a child without first considering the child’s best interest. The case, Kamp v. Department of Human Resources, began when Darren Kamp, the…
In Maryland alimony terminates, unless the parties agree otherwise, upon any of the following four events: (1) death of either party (2) the date specified by the court (rehabilitative alimony) (3) upon remarriage spose receiving alimony or (4) if the Court finds termination is necessary in order to avoid an…
Alimony, also known as spousal support, is a payment or a series of payments made from a former spouse to the other that serves as a continuation of the economic responsibilities made during the marriage. There are three types of alimony awarded in Maryland. The first is pendente lite alimony…