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Articles Posted in divorce

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How Do I file For a Divorce in Maryland?

  Filing for divorce in Maryland can be a complex and emotionally challenging process, but the assistance of an experienced Maryland divorce attorney can help guide you through the process. To file for an absolute divorce in Maryland, you must have a ground (or basis) on which to file. As…

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In What County or City Should Your Maryland Divorce Be Filed?

Divorce is a civil proceeding and therefore like all civil proceedings, the action shall be brought in the county or city where the Defendant (opposing spouse) resides, carries on a regular business, is employed, or habitually engages. However, unlike other civil proceedings, a divorce proceeding may additionally be filed where…

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Will a Foreign Divorce be Recognized as a Valid Divorce in the State of Maryland

Over the years, we have had many clients ask if a divorce that they obtained in foreign country will be recognized here in Maryland. The answer is yes, the divorce will be recognized in the United States, so long as the divorce was obtained by a Court that had authority…

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Annulment Instead of Divorce in Maryland

A common belief is that a spouse may obtain a quick annulment of a marriage versus an actual divorce if they have been married for less than six months. While that may be the case elsewhere, it is not the case in the State of Maryland.     In Maryland, an…

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Application of Constructive Civil Contempt in a Recent Child Custody Case: Part 3 of 3

This article discusses the application of constructive civil contempt in a recent child custody case. It is Part 3 of a three-part series. Part 1 provides an overview of the law of contempt in Maryland. Part 2 includes a summary and analysis of Breona C. v. Rodney D., 253 Md.…

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Breona C. v. Rodney D. and Constructive Civil Contempt in Child Custody Cases: Part 2 of 3

This article includes a summary and analysis of Breona C. v. Rodney D., 253 Md. App. 67 (2021), which clarified the law of civil contempt in child custody cases. It is Part 2 of a three-part series. Part 1 provides an overview of the law of contempt in Maryland. Part…

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Overview of Contempt in Maryland: Contempt Blog Series Part 1 of 3

This article includes a brief overview of contempt in Maryland. It is Part 1 of a three-part series. Part 2 addresses the landmark case of Breona C. v. Rodney D., which clarified the law of civil contempt in child custody cases. Part 3 addresses the application of Breona C. and…

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Updates to Maryland Divorce Grounds Coming in October 2023

If you are considering filing for divorce in Maryland, your filing must include the grounds, or basis, for the divorce. Beginning this fall, selecting the grounds when filing for divorce will become an easier determination. During the 2023 Legislative Session, the General Assembly passed bills eliminating limited divorce in Maryland…

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What Happens to Jointly Titled Marital Maryland Real Property in a Divorce?

In Maryland Ideally, parties in a divorce proceeding work cooperatively to determine and divide their marital real property and reduce the terms to what will become a portion of a written marital settlement agreement. By proceeding in this fashion, the parties can agree on who has title to the real…

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Common Questions About Shielding Protective Orders – 2023 Update

Who are the parties in a Protective Order proceeding? In a Protective Order proceeding, the person who filed a Petition for Protective Order is called the “Petitioner,” and the person against whom the Petition was filed is called the “Respondent.” What are the acts of abuse that can be grounds…

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Common Questions about Divorce in Maryland

What is an Absolute Divorce? The effect of Maryland’s absolute divorce is parallel to a traditional divorce; it is the final termination of the marriage. In an absolute divorce, custody, visitation, and child support terms between both parties are set, both parties are granted the right to live separately and…

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We were ready to separate, and then the COVID-19 Stay-At-Home Order was implemented by Governor Hogan. Now what?

I have a handful of clients in this exact situation and all of them are finding it increasingly difficult to share space in a home they no longer want to share with the other. In addition to grudgingly sharing the space, they are attempting to do so while one or…

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Should I try mediation to resolve my family law matter with COVID-19 court closures?

Another unfortunate consequence of COVID-19 is the postponement of the pendente lite hearings, settlement conferences and merit trials which were actually scheduled on the court docket months ago, but are not going forward as planned due to the court closures. Thus far, my experience has been that the courts are…

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Same Sex Divorce Case to Be Heard By Maryland Court of Appeals

The Maryland Court of Appeals will hear an appeal on a denied same sex divorce next month according to the Baltimore Sun’s March 17, 2012 report. The couple, who was married in San Francisco in 2008, were married for two years before one filed for divorce in Maryland. Their uncontested…

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How will Maryland Courts Handle Same-Sex Divorce Cases?

As we had previously reported in our March 1, 2010 blog the Maryland Attorney General issued an opinion in February 2010 that states Maryland should recognize same sex marriages performed legally in other states as valid marriages in Maryland. However, the bill to allow same sex couples to marry in…

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