Maryland is an equitable distribution state. This means that in divorce, property and debts acquired during the marriage are subject to “fair and equitable” division (subject to limited exceptions). The law does not guarantee that marital property will be divided equally. For the most part, marital property includes items such as bank…
People enter into contracts for a variety of purposes. In the family law realm, prospective spouses may choose to enter into a pre-nuptial agreement prior to the marriage, in order to identify the ownership of certain assets and debts (among other issues) going forward. At the other end of the…
Under Maryland law, both parents are responsible for the care, welfare, support, and education of their children until each child graduates high school or turns 19 years old, whichever occurs first. In fact, the pertinent statute provides that the “basic child support obligation shall be divided between the parents in proportion…
“Res Judicata” precludes parties from re-litigating any suit that is based on the same (earlier) cause of action. This means that parties may not bring the same claim, based on the same facts, time and time again. While the principle of res judicata applies to child custody cases, courts may…
In most states throughout this country, including Maryland, when a couple seeks to divorce, they may agree to divide up marital property or otherwise be subject to the court’s division of any assets and debts accumulated during the marriage. A critical stage in every divorce case involves the identification and…
Divorce is a very personal and trying time in a couple’s life together. There are many emotional, financial, and logistical issues to consider and resolve, such as the division of marital property, custody, and spousal support. And until recently, married couples that decided to separate were required by law to…
The issue of paternity or “parentage” can play an important role in family law cases. Paternity essentially identifies a child’s parents in the eyes of the law. As in most states, Maryland law sets forth that the parents of a minor child are jointly and severally responsible for the child’s support,…
Any divorce case involving children, and the attendant questions of custody and visitation, typically includes many emotional and practical challenges. The parties separating must address issues such as physical and legal custody and the visitation rights of the non-custodial parent. It is extremely important to understand your rights under the…
When a couple chooses to divorce, there are many issues to address and resolve in order to move forward with their separate lives. Each family law case comes with a unique set of facts that can often dictate how the couple proceeds, to some extent. In an ideal case, the…
Maryland courts review virtually every request in a child custody case in accordance with the “best interests of the child” standard. Judges seek to protect the well-being and general welfare of children brought before them, no matter the circumstances. In some cases, courts will intervene when a child is being…