Articles Posted in Divorce

Stating three words, Talaq, Talaq, Talaq, is all that is required for a husband to divorce his wife under Islamic law. This ancient tradition is being reviewed by the Supreme Court in India in order to determine the constitutionality of this divorce practice. Other primarily Muslim countries have outlawed this practice of divorce years ago as women are often treated unfairly. This practice continues to effect marriage and divorce in the United States and particularly in Maryland.  Spouses who were married under the Islamic faith do not always realize that if they reside in Maryland, they are still bound by Maryland law and have to initiate the divorce process in the Maryland Courts. Many husbands state the triple Talaq or have a proxy in their home country stand in for them to perform the divorce practice pursuant to the laws of their home country. While they may be divorced in the eyes of their faith, they are not divorced pursuant to the law of Maryland. Maryland case law, Aleem v. Aleem, 404 Md. 404 (2008) has concluded that the Talaq violates due process and public policy and therefore is not recognized as a valid divorce in Maryland.

Most of us are covered in case of death, disability, illness, car accident, fire, but what about for divorce? As we are aware divorce can be a lengthy and expensive process and unfortunately the divorce rate in the United States is high. We stumbled across the following website, which promotes “divorce/ marriage insurance.” It was featured in the Huffington Post in April 2012. Basically, the premise is that this insurance will reimburse you your costs of a divorce, including attorney fees, however the insurance will also eventually reward those who stay married. As stated by the Huffington Post, the insurance is not currently available and the website states the following:

WedLock Divorce Insurance was the first insurance product developed by SafeGuard Guaranty. Introduced in 2010 and originally underwritten by a Utah Surplus Lines insurance company, WedLock is not currently available until a new underwriter is found. However, although providing that kind of protection will certainly keep people from falling below the poverty line, we’d like the biggest reward go to those that have the good fortune to stay married and we are currently involved in the development of a product with that in mind.

The website also features a “divorce probability calculator,” which one can use and have their results emailed to them. The questions include age, income, race, religion, children born before/during marriage, marital status of parents, conflicts, etc. Soon some of us may be making checks out to not only State Farm, but SafeGuard Guaranty.
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Bloomberg rated Maryland the 10th worst state in the country as far as obstacles one might face in obtaining a divorce as reported by msn.com on February 2, 2012. The rankings took into account filing fees, minimum separation period, minimum length of residency, minimum waiting period after filing for the divorce, and minimum number of days for the entire process (start to finish). Bloomberg’s reasoning for Maryland’s low ranking was the one year waiting period before filing for a no-fault divorce, the minimum processing time of 360 days and the $135 filing fee.

The waiting period to obtain a no-fault divorce in Maryland has been at hot topic among the legislature as proponents seek to reduce it to six months. As stated in our April 18, 2011 blog, the Maryland legislature passed a bill eliminating the two year waiting period, which took effect October 1, 2011.
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As we reported on June 6, 2011, a novel issue was presented to the Court of Appeals involving law firm intervention in divorce in order to seek attorney’s fees. In the case of Tydings & Rosenberg LLP v. John Zorzit, Tydings & Roseberg former client, Julie Zorzit, after employing the firm to do a substantial amount of work, met privately with her husband, John Zorzit, and waived all rights for her attorney’s fees to be paid by her husband. The firm was seeking the fees, as Ms. Zorzit could not afford to pay for the work that had already been done, but Mr. Zorzit could. The Circuit Court for Baltimore County denied the firms request for the fees, and the case was appealed to the Maryland Court of Appeals.

On Saturday, November 12, 2011, the Carroll County Times provided commentary on the differences between celebrity divorces, such as Kim Kardashian, and divorces for residents of Maryland. As we reported in our April 18, 2011 blog, as of October 1, 2011, Maryland has eliminated the 2 year waiting period to seek a divorce, making obtaining a divorce in Maryland a bit easier, although not as easy at it is for Kim K.

Previously, one filing for a divorce had to specify whether both parties, or just the moving party was seeking the divorce. If both parties were seeking a divorce, then only a one year separation period was required, if only one party was seeking the divorce, then a two year separation period was required. This distinction is no longer as of October 1, 2011 and separation, whether mutual or non mutual is only required to be one year to file for a divorce. As we mentioned in our April 18, 2011 blog, proponents of this legislation believe that it is one step closer to reducing the waiting period to obtaining a divorce, making a Kim K. divorce a future reality for Marylanders.
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In our June 28, 2011 blog we discussed how Courts in Maryland seem to be divided on whether same sex couples legally married in other states should be granted a divorce in Maryland. To confuse matters even more, as reported by the Maryland Daily Record on June 24, 2011, a criminal Judge has ruled that same sex couples are permitted to assert their spousal privilege in criminal matters. So while some family law Judges may not recognize same sex couples as spouses, it appears that some criminal Judges are. In the Washington County case, the lesbian partners were married in Washington D.C. Recently, one has threatened the other with violence, and therefore was charged with assault. However, in criminal matters spouses can invoke their right not to testify against their spouse. In this case, the victim of the alleged threat has asked to assert her privilege not to testify against her partner. The Judge has recognized the partners as spouses and allowed her to do so. The Judge specifically ruled that “Maryland generally recognizes a marriage as valid as long as it was valid in the jurisdiction in which it took place.”

Many clients come to me unclear as to their rights to their marital home. If your home is owned and was purchased during your marriage, it is a marital home. 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). Therefore, absent a protective order, discussed in our August 2009 blog, no one has the authority to make their spouse leave the home. If your home is rented and both names are on the lease then no one has superior rights over the other and therefore, no one has the authority to make their spouse leave the rented home.

As a follow up on our June 10, 2011 blog more regarding adultery and introducing a new relationship to your child(ren), we thought it may be best to touch on dating during your divorce proceedings. Typically, we advise clients to refrain from dating while their divorce is pending and we do so for several reasons.

First, as explained in the previous blog, it could be considered adultery to be dating while married if your spouse can prove the elements necessary to establish adultery. Although parties may be separated while waiting for a divorce, they are still technically married and therefore, it is still considered adultery, which is both a ground for divorce and a crime in the State of Maryland.

Second, it may not be what is in the best interest of your child(ren) and if you are not putting your child(ren)’s best interest first then you may be facing an uphill battle if custody is an issue in your matter. While dating may not offend a Judge, it will not be helpful to your case if the Judge feels that your children are being negatively affected by your dating life and you have still chosen to partake in it. Even if the individual you are dating is wonderful and wonderful to your child(ren), your children are still going through a major adjustment period and to have one or possibly two new individuals then become a part of their homes and time with their parents may not be what is best. Additionally, while your children may not overtly be exhibiting problems as a result of your pending divorce, it is best to be able to focus all of your attention on them during your time with them to be aware of any issues they may be experiencing.

Third, it is always better to do the right thing, even if your spouse is not, while a divorce is pending. Many clients are frustrated by their spouse’s continued misbehavior and feel that it will continue to go unnoticed. If and when it is noticed and considered by a Judge, then it is much better to be on the “clean hands” side of that dispute. Two wrongs never make a right.
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A bill has been proposed in Massachusetts that would prevent parents from having sex in their home until their divorce is final, Fox News Reported on May 19, 2011. More specifically, the bill would prevent divorcing parents from “conducting a dating or sexual relationship within the home” until their divorce is final. Those who favor the bill have stated that the bill is meant to shield children from unnecessary problems or domestic violence while their parents divorce is underway. Those who oppose the bill say it is infringing on parents rights.

Currently, not only is adultery a ground for divorce in Maryland, it is still codified as a crime in the Maryland Criminal Code. In our experience, it is wise to consult a mental health professional before introducing your child to a new relationship, especially while a divorce is pending. The effects of a divorce on children vary from child to child, however a mental health professional can provide some guidance and advice based on the child’s developmental, emotional, and physical age.

A Maryland court will not likely ban such behavior if asked to do so by a litigant during their divorce proceedings, but will often consider a parents behavior and the effects of that behavior on the child(ren) when looking at what is in the best interest of the child(ren) in a custody determination.
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