Maryland Divorce Lawyer Blog

Ambiguities in Marital Settlement Agreements in Maryland

December 23, 2024 | by Anthony A. Fatemi, LLC

A collaborative divorce can provide many benefits to the spouses, including less expense and less animosity. To make this type of divorce process work its best, you must ensure you have an agreement clearly written and free from any ambiguities. An experienced Maryland divorce lawyer can be instrumental as you negotiate, draft, and execute your divorce agreement.

Ambiguity in an agreement can create substantial problems, such as creating disagreements that send the case back to court.

The divorce case of D.D. and J.D. from Baltimore is a strong example. In 2022, the spouses worked out an agreement dividing all their assets except their marital residence. The spouses placed their asset division terms in a Consent Agreement that stated the wife “shall be entitled to fifty percent (50%) of the marital share portion of Husband’s [Police] Pension, ‘if, as and when’ pension payments are distributed to him.”

Maryland’s Law of Contempt of Court… as Applied in a Contentious Caroline County Divorce

December 10, 2024 | by Anthony A. Fatemi, LLC

Ideally, all divorces would proceed maturely, respectfully, and collaboratively for the benefit of both spouses (and their children, if any.) Reality tells us that divorces often fall short of this ideal. Divorces bring out strong emotions, and intense emotions sometimes lead spouses to engage in misconduct. When your spouse has done so, one option may be to pursue a finding of contempt of court. Because Maryland law recognizes many types of contempt, it is wise to consult an experienced Maryland divorce lawyer to advise you about pursuing a contempt case.

Earlier this month, the Appellate Court again waded into the contentious divorce of G.S. and T.S. from Caroline County, a dispute that raised many contempt-related issues.

In 2022, the couple worked out a divorce settlement agreement that they placed “on the record” in court during the second day of their divorce trial. The agreement covered terms related to child custody and parenting time and also directed the husband to pay the wife a monetary award of $100,000.

Prenuptial Agreement, Postnuptial Agreements, and the Divorce of a Maryland Native Turned Reality TV Star

November 29, 2024 | by Anthony A. Fatemi, LLC

One does not necessarily expect to unearth beneficial knowledge about the law from the latest celebrity gossip news regarding “reality” television stars. Perhaps there really is a time for everything, as the latest reports about the divorce involving one “Real Housewives” star show offer some valuable clues about what – and what not – to do as you navigate the process of prenuptial agreements, postnuptial agreements, and divorce. One thing that is always a good idea is to contact a knowledgeable Maryland divorce lawyer whenever you have questions.

Ashley Darby, a native of Sandy Spring, Maryland, and one of the featured spouses on “Real Housewives of the Potomac,” filed for divorce from her husband, Michael Darby, earlier this month, according to TMZ. The couple separated in April 2022. The husband told TMZ that the spouses had worked out a mutually agreeable marital settlement agreement, guided in part by the couple’s prenuptial agreement.

According to other sources, including Yahoo! Entertainment News, the couple had multiple agreements.

The Deadlines You Face if You Want to Challenge Your Maryland Divorce Judgment

November 8, 2024 | by Anthony A. Fatemi, LLC

Quality legal representation can help your divorce in many ways. The right legal team can be instrumental in requesting and amassing the evidence you need and crafting that proof into a compelling case for the relief you seek. One additional big way a skilled attorney can help is by navigating the rules of procedure. These rules may seem obtuse, opaque, or beyond comprehension to a layperson, but their requirements nevertheless are mandatory and noncompliance can have catastrophic consequences for your case. A skilled Maryland divorce lawyer, however, will be steeped in these requirements and know how to carry your matter forward without being tripped up by the rules.

A divorce litigation matter from Baltimore County shows how badly your case can go wrong if you fail to do what the rules demand.

The wife, a Baltimore-area realtor and accountant, hired an attorney who filed a petition for divorce on her behalf. The husband wisely retained counsel, who filed an answer. Aided by their attorneys, the couple worked out a consent agreement. The agreement stated that the wife got 30% of the husband’s pension.

Dealing With Cryptocurrency and Other Digital Assets in a Maryland Divorce

October 31, 2024 | by Anthony A. Fatemi, LLC

Earlier this month, news sources reported that cryptocurrency is now an asset subject to distribution in divorce… in South Korea. While your divorce likely won’t be adjudicated using the laws of South Korea, this new development half a world away is still a significant reminder that digital assets like crypto are an ever-increasing portion of married couples’ asset portfolios and, in Maryland, they are (and have been for several years) subject to equitable distribution in a divorce in this state. If you have questions about your digital assets and equitable distribution, be sure to seek out answers you can rely on by talking to an experienced Maryland divorce lawyer.

In Maryland, we have the Marital Property Act. That statute says that all marital property is subject to equitable distribution. That includes digital assets like Bitcoin, Ethereum, Tether, and other forms of crypto, but these assets present some unique challenges in a divorce. Two of the biggest are: finding it and valuing it.

Let’s tackle the latter first. Valuing crypto is inherently complicated because crypto’s value is much more volatile than other assets. Take Bitcoin, for example, which went from 62,800 to below 32,000 to 52,700 to 42,100 to 67,000… in a span of just seven months in 2021. This rapid and radical shifting can make pinpointing an accurate value of your (or your spouse’s) crypto assets particularly problematic.

The State of Same-Sex Marriage in Maryland in 2024… and the Challenges of Same-Sex Divorce

October 18, 2024 | by Anthony A. Fatemi, LLC

This past June, the landmark U.S. Supreme Court decision of Obergefell v. Hodges, which made same-sex marriage legal in all 50 states, celebrated its ninth anniversary. As same-sex marriage has been legal for anywhere from roughly two decades (Massachusetts) to just shy of one decade (nationwide,) research has begun showing some important trends related to same-sex couples, marriage, and divorce. Divorce presents unique challenges to same-sex couples so, if you have made the difficult decision to divorce, having a skilled Maryland divorce lawyer by your side can be essential to getting a fair and appropriate outcome.

According to Maryland Matters, same-sex marriage experienced a massive uptick in the years after the 2015 Supreme Court ruling. Based on estimates from the Census Bureau, Maryland had “about 4,400 same-sex married couples… in 2012, the year before the state made it legal.” By 2015, that number had more than doubled to 10,388. After 2015, the number of married gay and lesbian couples has risen to approximately 16,500.

As the years have passed, researchers have studied the patterns of same-sex marriage and divorce. Researchers at UCLA, as well as their counterparts in Denmark, both found that the rate of same-sex divorce is lower than the rate among their “straight” counterparts.

The Importance of QDROs in Maryland Divorces that Include Pensions or Retirement Accounts

September 30, 2024 | by Anthony A. Fatemi, LLC

Family law can involve many acronyms, ranging from those related to domestic violence (DVPO) to child support (CCPA.) Even if your divorce involves no children and no violence, there is an acronym that may be important to you: QDRO. QDRO stands for “qualified domestic relations order,” and is a court mechanism by which someone who is not the holder of a pension or retirement account may receive some or all of those funds. When one or both spouses in a divorce have substantial pension/retirement assets, a QDRO can play an integral role in ensuring that the divorce’s property division is fair. For information about how a QDRO might factor into your divorce case, get reliable answers by speaking to an experienced Maryland divorce lawyer.

A QDRO can come into existence in multiple ways. In one instance, the spouses are unable to agree and the judge decides that a non-account-holding spouse is entitled to some or all of the account’s proceeds. The other occurs when the spouses do agree… and their settlement agreement calls for the non-account-holding spouse to get a portion (or all) of an account.

A recent divorce case from Montgomery County is an example of the latter scenario. The spouses worked out a marital settlement agreement (MSA) in which the husband agreed to provide the wife with a fraction of his Federal Employee Retirement System Pension and Thrift Savings Plan. In addition, he agreed to ensure that the required court orders (directing the distribution) were issued.

How the Law of ‘Federal Preemption’ May Play a Role in Your Maryland Divorce

September 17, 2024 | by Anthony A. Fatemi, LLC

Most people probably believe that their divorce settlement agreement or judgment is the final word on the distribution of their marital assets. While that is true in many cases, it is not necessarily so. Understanding when other things may supersede your divorce agreement and dictate a different distribution scheme can be essential to negotiating your settlement agreement effectively. Accomplishing these goals often requires representation from a knowledgeable Maryland divorce lawyer experienced in the various factors – like federal preemption — that can influence a divorce outcome.

One common scenario where this occurs is when your case implicates federal law. How might federal law factor into a Maryland divorce? A recent Montgomery County case offers an illustration.

M.C. and B.C. married in 1999. The wife, then a federal worker, opened a thrift savings plan (TSP) under the auspices of the Federal Employees’ Retirement System Act. On the account’s paperwork, she listed her husband as the sole beneficiary of her TSP.

In the Wake of Maryland Introducing ‘No-Fault’ Divorce, D.C. Does Away With a Major Divorce Precondition Requirement

August 23, 2024 | by Anthony A. Fatemi, LLC

Last fall, the legislature ushered in a major overhaul of divorce in this state. Maryland law, for the first time, allows spouses to seek and obtain divorces without proving that the other spouse was “at fault.” Maryland’s new avenues for pursuing a divorce include irreconcilable differences. The law also shorted the requirement for a divorce based on separation from one year to six months. If you have decided to pursue a divorce, you probably have questions about how best to proceed. To get the knowledgeable answers you need, be sure to speak to an experienced Maryland divorce lawyer before you file.

Maryland is not the only jurisdiction that has reevaluated and amended its divorce laws recently. Earlier this year, the District of Columbia modified its law regarding the minimum separation required for obtaining a D.C. divorce.

Before the amendment, D.C. required that a spouse seeking a divorce establish that she and her spouse had been separated for at least one year (or six months if the spouses mutually agreed.) As of Jan. 26, 2024, that minimum separation requirement is no more. Any spouse can file for a D.C. divorce at any time. As was the case with Maryland’s addition of ‘no-fault’ grounds for divorce, proponents of the change extolled it as an important aid to spouses experiencing domestic violence.

What Maryland Law Says About Making (or Receiving) a Marital Settlement Offer Contingent on Acceptance Deadline

August 12, 2024 | by Anthony A. Fatemi, LLC

Most of us have seen or heard advertisements or sales pitches imploring audiences to “act now” or that an offer is “for a limited time only.” These approaches are common in motivating prospective buyers of appliances, furniture, or vehicles to act. But what about… a spouse in a divorce settlement negotiation? What should you do if you receive an offer that severely restricts your time to respond? One thing you definitely should do before you sign, whether the agreement you are contemplating has a fast-approaching deadline or no signing deadline at all, is to speak to an experienced Maryland divorce lawyer who can give you the advice you need before you make a decision.

A long-running divorce battle from Anne Arundel County offers insight into these settlement agreements and how the courts treat them.

The spouses, T.P. and D.P., began divorce proceedings in 2019 after three years of marriage. After the spouses “engaged in extensive settlement negotiations,” the wife’s attorney sent the husband’s counsel a finalized marital settlement agreement on Sept. 25, 2020. The correspondence that the wife’s counsel attached to the proposed agreement indicated that the offer was valid only if the husband signed and returned the completed agreement that same day.