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…
Articles Posted in Division of Property
Prenuptial Agreement, Postnuptial Agreements, and the Divorce of a Maryland Native Turned Reality TV Star
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 –…
Dealing With Cryptocurrency and Other Digital Assets in a Maryland Divorce
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…
The Importance of QDROs in Maryland Divorces that Include Pensions or Retirement Accounts
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…
How the Law of ‘Federal Preemption’ May Play a Role in Your Maryland Divorce
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…
What Maryland Law Says About Making (or Receiving) a Marital Settlement Offer Contingent on Acceptance Deadline
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…
The Importance of Ensuring that Your Maryland Divorce Settlement Agreement is ‘Clear’ and ‘Unambiguous’
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…
Marital-Versus-Non-Marital Asset Division Decisions in Maryland… and How the ‘Source of Funds’ Theory Applies to Them
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…
When Personal-Professional Relationship Breakdowns Lead to Unreasonable Lengthy Litigation: Awards of Attorneys’ Fees in Maryland
When you bring in someone as a co-owner of your business, you want someone you can trust implicitly. For many people, the most trusted people in their lives are their spouses. However, when the personal relationship goes awry, so may the business relationship. When both break down, legal action is…
Obtaining Income Information Through Pretrial Discovery as Part of Your Maryland Divorce
Performing complete pretrial discovery is often an essential part of divorce litigation. Your spouse’s income and earnings are likely a crucial piece of that puzzle. This discovery may be as basic as obtaining a few items documenting wages (like W-2 forms) or a complicated matter involving documentation of multiple streams…