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Articles Posted in Equitable Distribution

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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…

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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…

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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…

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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…

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Real Property, Divorce, and the Law of Equitable Distribution in Maryland

The joke about lawyers and math not mixing is an old one, going back at least as far as a 1976 Saturday Night Live skit regarding President Gerald Ford and a debate question about the federal budget. In the real world, many areas of the law are quite math-intensive, not…

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What Happens to an Inherited Property Used as Collateral on a Loan Taken Out During a Couple’s Marriage?

“Yours, Mine and Ours” is a 1968 film about a very large blended family. “Yours, mine, and ours” could also refer to the analysis that must be done for equitable distribution in a divorce. Arriving at a truly equitable distribution requires accurately determining which assets are “yours,” which are “mine,”…

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Fraud in Your Maryland Divorce Case and the Importance of Having Skilled Legal Representation

As family law attorneys, we see the good, the bad, and the ugly when it comes to divorce litigation. One unfortunate scenario that occurs regrettably often is a spouse who receives divorce papers from his/her spouse but decides to proceed with the divorce without legal counsel. This choice can have…

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Equity and Judicial Discretion in Maryland Divorce Cases

A lot of people, when they hear the phrase “equitable” in connection with a divorce case, immediately think “50-50.” That’s not necessarily true. The law actually gives trial courts broad discretion in deciding what is (or is not) equitable, whether that means distributing assets and/or debt obligations evenly or ordering…

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‘…And the Dog, Too’: Dealing with Pets as Part of a Maryland Divorce

Americans’ attitudes toward pets have changed over the last several decades. Today, many pet owners call themselves “pet parents” and their pets “fur babies.” While these relationships have evolved, animal law has been slow to follow suit. This can present some unique challenges when a married couple who shares a…

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Determining Marital Versus Non-Marital Portions of a Home Purchased With a Marital Mortgage But a Non-Marital Down Payment

In elementary school math class, students begin learning about the “order of operations.” This concept governs the sequence in which to complete various mathematical operations in pursuit of the correct solution. In divorce law, we have something similar. Maryland divorce law lays out a specific sequence of mathematical steps to…

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