In a 2008 case, a husband and wife were married in North Carolina in 1994 and had two kids. The wife filed for limited divorce in 2005. The case was tried in 2006-2007. In 2007, a judgment of absolute divorce was granted on the grounds that the wife had committed…
Articles Posted in Divorce
Does Phone Sex Count as Cohabitation in Maryland Divorce Cases?
In an interesting recent case, a Maryland wife opposed her husband’s request for divorce based on a 12-month separation. The basis for her opposition was that she had continued to have phone sex with the husband while they were separated. Under Section 7-103(a)(4) of the Family Law Article, a Maryland…
Unconscionable Disparity Between Spouse’s Incomes in Maryland
In a recent case, a Maryland wife sued for divorce in 2010. The husband countersued shortly thereafter, but the following year, he mother dismissed the original suit and brought a new one requesting alimony, child support and monetary award. Both husband and wife were lawyers. The wife stopped working when…
Will the Court Stay A Lawsuit Against Your Spouse While Your Divorce Is Pending?
A personal injury or other lawsuit against a spouse is unusual, but possible. It is likely that An interesting and challenging 2010 case arose when a wife sued her husband of 25 years for fraud, breach of fiduciary duty, conversion, and intentional infliction of emotional distress. Both the husband and…
Can Alimony Be Awarded Without Divorce?
It’s extremely rare for someone to request alimony separate from divorce these days, but it is possible. In an interesting 2009 case that illustrates the importance of having a family lawyer represent you through your divorce, a couple were married and had two children. The husband filed for limited divorce…
Social Media and Maryland Divorce Don’t Mix
In spite of an increasing number of headlines involving people whose social media use has endangered their lawsuits, Americans continue to post incriminating information on Facebook, Twitter, Instagram and other social networks. In fact, according to the Pew Research Center, as of September 2013, 73% of adults online in America…
Is a Settlement From An Employment Lawsuit Marital Property in Maryland?
In a 2010 case an appellate court considered whether funds received by the ex-wife as a settlement in an employment discrimination claim were marital property. The couple was married in 1998 and had two children, ages 10 and 4 at the time of trial in this case. The ex-wife was…
Courts May Not Blindly Apply Administrative Policies that Prejudice of Maryland Parents’ Due Process Rights
In a recent case, a Maryland appellate court considered a local court policy that limited the parties’ ability to access investigative reports ordered by the court in a child custody matter. The mother challenged this policy after the court awarded sole legal and physical custody to the father of her…
Division of Pension Benefits in Maryland Divorces
Property division in Maryland divorce cases concerns not just tangible items that were used during the marriage, but also property that accrued during the marriage, such as investments and pension benefits. In a 2009 appellate case, the Maryland Court of Special Appeals considered whether an ex-husband should be required to…
Can Maryland Judges Look at Non-statutory Guidelines To Determine Alimony?
Can a family law judge look at anything outside statutory guidelines to determine an alimony award? This issue was illustrated in a 2010 case. The couple in the case married in 1985 and had two kids. In 1988, the husband earned an MBA and got a job at the Federal Reserve…