Justia Lawyer Rating
MSBA
United States District Court for the District of Maryland
AILA 2024 Member
ABA
Bar Association of Montgomery County, Maryland

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.

Continue reading

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.

Continue reading

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.

Continue reading

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.

Continue reading

When you and/or your spouse own substantial assets, including investments, real estate, and so forth, the likelihood rises that you will need a relatively complex (and perhaps lengthy) settlement agreement. Part of ensuring that the agreement you sign is the agreement you need is ensuring that you have a skilled Maryland divorce lawyer by your side throughout the process, from negotiation to drafting to execution to enforcement.

Proper legal representation is essential, in part, to ensure that the contract you sign is well-written, avoiding unnecessary ambiguities or vagueness that can lead to unwelcome outcomes in the future.

A recent divorce case that originated in Montgomery County is a good example. The case involved a couple who reached a settlement agreement in January 2021 that covered the distribution of all of their assets.

Continue reading

Maryland, like many states in the eastern U.S., is relatively small (ranking 42nd of 50 in land area,) meaning that anywhere in the state places you close to multiple other states. Montgomery County borders Virginia and the District of Columbia, and is less than 30 miles from West Virginia and Pennsylvania. (Other counties of Maryland border Delaware and sit less than 20 miles from New Jersey.) This means it is highly plausible that a Maryland divorce might involve one spouse who lives here and one who lives out of state. If you find yourself in that position, resolving the issue of the court’s personal jurisdiction over your spouse may represent a key component in getting the divorce you need. An experienced Maryland divorce lawyer can provide essential knowledge, advice, and strategies if you are pursuing a divorce here that presents potential jurisdictional issues.

While not a Maryland case, a recent divorce dispute touches on that question of personal jurisdiction.

The couple at the center of the litigation married in Connecticut in 1982. For several decades, the pair lived together in Nebraska. In 2018, the wife moved to Colorado to assist the couple’s adult daughter during her pregnancy. Over the next few years, the couple bought three homes in the Denver area, one of which served as the wife’s residence.

Continue reading

Today, we’re blogging — in part — about a libel case. Not because of libel law, but because of what it says about the formation of valid and enforceable oral contracts – a legal concept that can play a major role if you (or your spouse) claim that the two of you have a verbal marital settlement agreement that governs key issues in your divorce. Whether you have questions about enforcing an MSA or some other aspect of divorce law, seeking advice from an experienced Maryland divorce lawyer is the best way to ensure you’re getting reliable answers.

In the aforementioned libel case, R.J.’s lawyer sent T.H. an email about a purported verbal agreement settling the lawsuit. T.H., however, never replied stating that he assented to any deal, so the case proceeded to a hearing. At the hearing, T.J. presented letters and emails he and his attorney sent to prove the existence of a verbal agreement that, according to T.J., occurred during a conversation with an insurance adjuster.

R.H., who did not even bring counsel, simply told the court that he “never even spoke to” T.J.’s attorney about settling the case and the parties had no agreement, verbal or written.

Continue reading

In Maryland, one of the most essential components of a divorce is the division of assets and the biggest asset most divorcing couples possess is their home. As a result, deciding whether the marital home is a marital asset, one spouse’s separate property, or a combination of the two can make a big difference in the final outcome the court reaches. When seeking a fair and just financial outcome in your divorce case, ensuring that the court has a clear and complete picture of your home – and how it is/was paid for – is vital. If you have questions about equitable distribution in a divorce, an experienced Maryland divorce lawyer can help you with knowledgeable answers about how the courts in this state make these determinations.

In 1978, the Maryland General Assembly passed the Marital Property Act. In 1982, the Maryland Supreme Court “traced the history of the act in-depth and divined the legislative intent.” In its ruling, the high court determined that, under the Marital Property Act, the correct method for determining whether an asset was marital or non-marital was to follow the “source of funds” theory, rather than using Maryland’s old “title system.”

Under the source of funds theory, marital-versus-non-marital decisions depend on “the source of the contributions as payments are made, rather than the time at which legal or equitable title to or possession of the property is obtained.” A recent divorce case from Prince George’s County is a good example of how the courts apply this theory.

Continue reading

Money is often a powerful motivator. That’s true whether you’re a parent working out a child’s allowance or a spouse-to-be working out the terms of your prenuptial (or postnuptial) agreement. In addition to arriving at terms with which both you and your soon-to-be spouse can live, making a prenuptial agreement as successful as possible also involves limiting the contract to subject matters that are enforceable in courts of law. Whether you’re deciding what subjects to include or negotiating the numbers, an experienced Maryland divorce lawyer can provide crucial assistance in drafting and executing your prenuptial agreement.

Recently, Yahoo! Finance AU reported on the “most ‘shocking’ clause” an Australian divorce lawyer – who had practiced law there for more than 20 years — had ever encountered in a prenuptial agreement. In a podcast interview, the attorney recalled a wealthy client who desired a provision that required his wife-to-be to avoid gaining weight or else suffer a financial penalty. Specifically, the prenuptial agreement said that “for every 10 pounds the wife gained in the marriage, she would lose US$10,000 (AU$15,000) a month in alimony,” according to Yahoo!

Judging by this interview, Australia apparently grants parties to a contract very strong freedom to construct those agreements as they wish. As the attorney explained, “The court said, ‘This is a disgusting provision. I don’t know why you married this person.’ But it’s enforceable. It’s a contract… they may be ridiculous rules but you agreed to them. And you have a right to do that.”

Continue reading

A Missouri lawmaker made headlines in February for proposing a noteworthy change to the divorce laws of that state. The Kansas City Democrat’s bill would alter a five-decade-old law to ease the hurdles facing women who are pregnant and seeking a divorce there. Maryland does not have a similar law on the books restricting a pregnant woman who seeks a divorce, but getting a Maryland divorce while pregnant does present a unique set of issues and challenges. Whatever your situation – but especially if you’re facing unique complexities like needing a divorce while pregnant – an experienced Maryland divorce lawyer can help you navigate the process and get a positive outcome… and get it as efficiently as possible.

As a specific matter, the existing Missouri statute (contrary to some social media claims) does not create a blanket ban on issuing judgments of dissolution to women who are pregnant. Pregnancy is one of eight disclosures a spouse filing for divorce must make in her petition. (Other examples of required disclosures include residency, the date and location of the marriage, and the date of separation.) Once the petitioning spouse discloses her pregnancy, the judge has the discretion to forego issuing a final judgment until that pregnancy has reached its end.

These laws, while discretionary on their faces, sometimes function as de facto bans. For example, Kentucky’s statute shares many similarities with Missouri’s regarding mandatory disclosures. It requires disclosing the date and the place of the marriage, the date of separation, the names and ages of the minor children, and whether the wife is pregnant. A subsequent subsection notes that if the wife is pregnant, “the court may continue the case until the pregnancy” ends.

Continue reading

Contact Information