Case Summaries

A Recent Alimony Case from Baltimore County Again Shows How Damaging Proceeding Without a Knowledgeable Attorney Can Be

May 31, 2022 | by Anthony A. Fatemi, LLC

Sometimes, it may seem easy to think that you can proceed with your divorce case without legal representation. You have documents supporting your arguments and your issues are straightforward, so an attorney isn’t necessary, right? Having convinced yourself, you show up to a hearing, an arbitration, or a mediation. Then, oftentimes, bad things happen. An unfavorable divorce-related ruling can be extremely damaging, either personally, financially, or both, so make sure you have a knowledgeable Maryland divorce lawyer on your side throughout your divorce case to protect your interests.

As an example, there’s this alimony case from Baltimore County. The husband was a highly-compensated anesthesiologist making more than $27,000 per month and his wife was a community college professor who made a little more than $7,000 per month. In the summer of 2020, the court convened a remote status conference. Shortly after that, the wife’s attorney contacted a retired judge about mediating the alimony dispute between his client and her husband.

The husband inquired from the retired judge whether the mediation was private or court-ordered and was told the court ordered it. At the time of the mediation, the husband was in the hospital, one day removed from a medical procedure that required local anesthesia. Nevertheless, he didn’t obtain an attorney.

When Your Spouse Can (and Can’t) Get Alimony in Maryland Even After Your Both Signed an Agreement Waiving the Right to Alimony

April 29, 2022 | by Anthony A. Fatemi, LLC

When you decide to enter into a prenuptial agreement or a marital settlement agreement, there are several critical phases. There’s the phase where you and the other party negotiate the terms of the agreement, and you work to ensure that all the terms adequately protect your interests. There’s also the phase where you and the other party execute the agreement, and you work to ensure that the document you sign matches the bargain you struck during the negotiation phase. Finally, there may be a phase where you have to litigate to enforce the agreement and get the benefit of the contract you signed. At each of these phases, your chances of getting the fairest possible outcome can be enhanced by having legal representation from an experienced Maryland spousal support (alimony) lawyer.

That’s because, at any phase, things can go astray from what you wanted… and executed.

For example, there’s the alimony case of X.L. and H.L., a couple who, in March 2016, worked out a prenuptial agreement. In that document, both spouses agreed to waive the right to receive alimony in the event of separation or divorce. They married one month later.

A Maryland Man’s Transition into Retirement Allows Him to Obtain a Termination of His Ex-Wife’s Indefinite Alimony

April 15, 2022 | by Anthony A. Fatemi, LLC

For most people, one of the biggest financial transitions we’ll make is from full-time employment to retirement. The move into retirement comes with many changes, and often involves a substantial reduction in income. When that happens, that reduction may entitle you to obtain a reduction in the amount of alimony you owe… or maybe even elimination of your entire remaining alimony obligation. A knowledgeable Maryland alimony lawyer can help guide you through the process and obtain a modification that is fair based on your new circumstances.

F.H. was one of those people. He planned to retire from work in early 2021 at the age of 71. He, however, remained obligated to pay his ex-wife $2,500 per month in indefinite alimony following a 2015 divorce. The husband, as a result, filed a motion with the court to get his indefinite alimony terminated.

In Maryland, getting your indefinite alimony terminated requires demonstrating several things to the court. For one thing, you have to show that there has been a “material change in circumstances that justify” the termination. This, by the way, can be a change on your end or your ex-spouse’s end. For example, if you become disabled and your post-disability income is a mere fraction of the $300,000 you were making as a physician, that might make termination justified. Alternately, if your spouse gets a new job making double what she did before, that might also be the sort of change of circumstances that justifies termination of your alimony obligation.

What You Need When Your Spouse Has Accused You of ‘Dissipation of Assets’ in Your Maryland Divorce

December 16, 2021 | by Anthony A. Fatemi, LLC

In music and other popular media, there is the stereotype of the deceitful spouse who, during the pendency of the couple’s divorce, empties the couple’s bank accounts and absconds with the funds. That stereotype exists because that sort of malfeasance does happen sometimes. If it has happened to you, or if you have been wrongfully accused of engaging in this type of misconduct, you need a knowledgeable Maryland divorce lawyer going to bat for you.

One Baltimore County couple had a $100,000 dispute of this type in their divorce case. The husband had withdrawn $100,000 from certain marital accounts. The wife said that the husband had impermissibly dissipated the funds, while the husband said that the withdrawals were related to the legal fees he’d amassed in the divorce litigation.

At the outset, it’s important to recognize a few things. One, in Maryland, dissipation of assets occurs when one spouse wastes, spends, or sells a marital asset for reasons not related to the marriage or to reduce the amount his/her spouse will get in the final divorce judgment’s property award.

What Your Proof in a Maryland Divorce on the Basis of ‘Cruelty of Treatment’ Does (and Doesn’t) Have to Include

April 16, 2021 | by Anthony A. Fatemi, LLC

In a lot of states, there is only one option for obtaining a divorce, and that is the “no-fault” option. (There are actually 17 of those states.) Maryland is not one of those 17. In this state, you have the choice of getting a “no-fault” divorce or getting a divorce based on the conduct of your spouse. The choice you select can make a big difference so, before you go to court and file either kind of divorce, be sure you’ve retained a knowledgeable Maryland divorce lawyer to get the information and advice you need.

In internet slang, there exists the word “stigginit.” It is, essentially, a variation of “sticking it,” and means “sticking it” to someone or acting out of pure spite. Some believe that, if a spouse chooses to proceed with a fault divorce as opposed to a no-fault divorce in a state (like Maryland) that has both options, that spouse is just “stigginit” to their ex, or being spiteful. In reality, that’s not true. Obtaining a divorce due to your spouse’s fault can yield some very tangible benefits for you, such as a larger spousal support award (or your spouse receiving a smaller award,) as well as a more favorable child custody arrangement.

Here in Maryland, there are several ways you can get a fault-based divorce. They include your spouse’s adultery, your spouse’s deserting you, your spouse’s going to jail for a crime, or your spouse’s having gone insane. There’s also a ground for something called “cruelty of treatment” and, as one recent divorce case revealed, that ground encompasses more than just physical violence.

Making Sure Procedural Details and Technicalities Do Not Derail Your Divorce Case in Maryland

March 30, 2021 | by Anthony A. Fatemi, LLC

Watch enough TV crime dramas and, at some point, you’ll likely encounter your favorite grizzled detective grumbling about how a suspect was set free on “some ridiculous technicality.” What does that scene have to do with your divorce? It’s a reminder that there are “technicalities” in all areas of the law, including divorce law, and those aspects of the law or court rules can harm or destroy your case. When it comes time to pursue your divorce, relying on an experienced Maryland family law attorney can help you to minimize the risk that a technical matter of law or procedure will trip you up.

The recent divorce case of a couple from Hagerstown is a good example. After the trial court entered its order, A.P., who was not pleased with the outcome, did two things. She initiated an appeal process by filing a document called a “Notice of Appeal.” She also filed a document asking the trial court to change its order, called a “Post-Trial Motion to Reconsider.” She submitted both of these more than 10 days but fewer than 30 days after the court’s decision.

Both of these were viable options for the disgruntled wife. Maryland law says you can ask a judge to reconsider his/her order by filing a motion to alter or amend a judgment within 10 days. You can also file a motion in which you ask your trial judge to revise the judgment. (You have 30 days to file that kind of request.)

What Can I Do If My Spouse Hid Assets During Our Maryland Divorce Proceeding, But I Only Found Out After the Divorce Became Final?

December 11, 2020 | by Anthony A. Fatemi, LLC

Finding out well after you’re divorced that your ex-spouse hid substantial marital wealth and assets during the divorce process is undeniably frustrating and infuriating. It is, however, also potentially the basis for legal action. Depending on the details of your divorce (such as whether you created a marital settlement agreement) and the kind of financial malfeasance in which your ex-spouse engaged, you may possibly be able to reopen your divorce or, alternately, you may be able to seek recovery based upon your spouse’s breach of your marital settlement agreement. To learn more about your options, speak to an experienced Maryland divorce attorney right away.

A recent case from Baltimore County offers a view into what a spouse can sometimes do in that kind of situation. In this case, the CEO of a candy equipment supplier and his wife divorced in 2006. A dozen years later, the wife asked the judge to vacate that 2006 divorce judgment.

The husband, according to the wife, had engaged in fraud, concealing certain marital assets during the negotiation of the couple’s property settlement agreement. That fraud, according to the wife, had the effect of altering those negotiations and the outcome of the agreement.

What a Maryland Judge in Your Family Law Case Can (and Can’t) Do to You if You Fail to Comply With a Court Order

February 13, 2020 | by Anthony A. Fatemi, LLC

Family law matters can be incredibly stressful and contentious. Sometimes, these emotions may lead spouses or parents to make decisions that are less than ideal. Obviously, the best plan in your family law case is to follow all of the orders handed down by a judge. Even if you fall short of that, though, it is important to understand that there are limits to what the judge can do to you for disobeying an order. One way to help you avoid receiving inappropriate penalties for disobeying a court order is by making sure you have a knowledgeable Maryland family law attorney on your side.

L.M. was one of those parents. She shared a child with C.C. In September 2018, the child complained about injuries inflicted by the father and the father was charged with child abuse. Shortly after that, the parents were in court with the father asking the judge to issue a protective order against the mother. The judge sided with the father, ordering the mother not to “abuse, threaten to abuse and/or harass” the father.

Eventually, the parents were back in court with the father accusing the mother of sending him threatening texts. As it turned out, the mother had sent the father a few inappropriate texts, but they had stopped several weeks before the parents appeared in court. The judge found the mother in “constructive civil contempt” of court.

Maryland Court Applies Principles of “Res Judicata” to Family Law Case

November 11, 2015 | by Anthony A. Fatemi, LLC

“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 entertain a custody issue, involving the same child or children, if the parent is seeking the modification of a custody arrangement due to a change in circumstances since the previous court order. The outcome of any child custody case will have a tremendous impact on the family going forward – financially, emotionally, and logistically. To sufficiently protect your rights, you are encouraged to contact an experienced Maryland family law attorney as early in the process as possible.

No two child custody cases are alike. Parents may dispute any number of issues, including physical and legal custody, as well as visitation and child support. In fact, a couple in a recent custody case argued over the child’s surname (among other things). Here, the parents were never married but had a son together in 2009. The mother failed to place the father’s name on the birth certificate and did not give the child the father’s last name. The father argued that the mother did not tell him when their son was born.

New York Court Rules Wife May Serve Husband with Divorce Summons Via Facebook, Offers Interesting Commentary on Intersection of Law and Technology

April 28, 2015 | by Anthony A. Fatemi, LLC

A spouse who seeks to initiate a divorce proceeding must properly serve the other party with notice in accordance with local state law. It is important to understand the methods of service that are deemed acceptable in your jurisdiction. Otherwise, you may not be entitled to the relief sought. Most states have a system of courts, each with the authority to hear and decide certain types of disputes. In Maryland, it is the circuit court that handles family law cases, such as divorce and child custody and support matters. Keep in mind that the rules for service of process vary depending on whether you are filing a case in a circuit court versus a district court (which handles other kinds of matters). If you are considering filing for divorce in Maryland, it is important that you contact an experienced family law attorney as early in the proceedings as possible.

Service of process has been defined as the way a defendant receives court papers and notice about a court case. There are a few legally acceptable and effective ways to serve one’s spouse with divorce papers. These methods include: 1) by certified mail, restricted delivery (requiring the defendant to sign for the papers), 2) through the use of a sheriff or constable (for a fee), and 3) by private process (which may be a family member, friend, or a private process server). In many states, including Maryland, if a party has difficulty locating the person to be served, he or she may file a motion with the court asking for permission to find another acceptable way to serve the documents.