Articles Posted in Divorce

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Each state in the country has the authority to enact laws governing marriage and divorce. These laws can vary a great deal, especially when it comes to the acceptable grounds for divorce. The Maryland Family Code identifies two types of divorce that couples may pursue:  absolute and limited. When seeking an absolute divorce, the couple must establish legal grounds for separation. State law provides the following acceptable scenarios:  a 12-month separation period, desertion, adultery, cruelty, excessively vicious conduct, certain criminal convictions, and insanity.

According to the Maryland Courts’ website, the most commonly used ground for divorce is the 12-month separation. In order to satisfy the legal requirement, parties must live separately for 12 uninterrupted months. (In a recent blog post, we discussed a controversial Maryland case where there was some question as to whether the couple seeking a divorce maintained 12 uninterrupted months of separation.) In a limited divorce action, while courts have the authority to resolve significant family issues, this proceeding alone does not end the marriage. Generally, parties who file for a limited divorce do so in order to resolve certain issues, financial and otherwise, that cannot wait until the court grants an absolute divorce. Furthermore, a limited divorce may suit couples who do not qualify for an absolute divorce. Continue reading

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Many states throughout the country have enacted “no fault” divorce laws, essentially permitting married couples to file for divorce without first citing specific grounds or satisfying other cumbersome requirements. Under Maryland law, however, spouses may only file for a “no fault” divorce after living apart for one full year, in separate homes. This is a requirement. Parties may file for divorce immediately if one can prove certain events including adultery, cruelty of treatment, and excessively vicious conduct.

According to an article published last year, the state of this current law can cause difficulties for couples hoping to dissolve their marriage. If you are experiencing a family law dispute of any kind, it is important to understand the extent of your rights under the circumstances. The best course of action is to contact an experienced Maryland family law attorney who would be up to date with the laws that could affect your case. Continue reading

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Divorce is a serious matter. Depending on the particular family circumstances, there may be a variety of important and challenging decisions to make that will have a long-term impact on the parties involved. In most cases, spouses will be expected to address issues such as child custody and visitation, spousal support (or alimony), property and debt division, and child support, among other things. Because of the nature of divorce, parties often do not agree on even the most fundamental decisions. In order to sort through the myriad issues that may arise throughout the proceedings, and to ensure that your rights are fully protected every step of the way, you are encouraged to contact an experienced Maryland family law attorney as soon as possible.

Child custody issues have a tendency to bring up very strong emotions on behalf of both parents. And if there has been an allegation of child abuse or neglect in a child custody or visitation proceeding, a court will step in to protect the best interests of the child. Because of the seriousness of such allegations, Section 9-101 of the Maryland Family Law code sets forth specific provisions to guide courts that must deal with this disturbing issue. Specifically, the first part of the relevant statute provides that, if a court has “reasonable grounds” to believe that a child has been abused or neglected by a party to the proceeding, the court must determine whether the abuse or neglect is likely to occur if that person is granted custody or visitation rights. Continue reading

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Under Maryland law, children born or conceived during a marriage are presumed to be the legitimate children of both spouses. The issue of paternity is important to settle as early in a child’s life as possible, for emotional, financial, and legal reasons. Once a man is determined to be the father, he is under a legal obligation to support the child. In some cases, a person may attempt to dispute paternity and any resulting court order regarding child support or custody issues. This is a matter that courts take very seriously. If you are facing a paternity, child custody, or support matter, it is important to contact an experienced family law attorney who can help to preserve and protect your legal rights.

This law referenced above does not take into account a situation where the spouses cease living together, fail to enter into divorce proceedings, and the wife bears children with another person. Under these circumstances, the marital presumption would kick in and the husband would be presumed to be the father of any children born during their marriage, whether he was living with the mother or not. In a recent case, the couple married in 2000 but stopped living together soon after. Neither spouse sought a divorce. But in the years since their marriage, the mother gave birth to five children, four of them within the time period when the couple was “estranged” Continue reading

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Every state in the country has the authority to enact laws governing marriage and divorce. Couples who initiate divorce proceedings will be subject to their state’s particular laws. It is important to understand the family code in your state, as well as the applicable laws that will likely affect the outcome of your case. The Maryland Family Code covers a multitude of issues, such as child custody, division of property, and spousal support, also known as alimony. In many family law cases, the amount of alimony to be awarded is a hotly contested issue. If you are considering a divorce, it is vitally important to understand and protect your financial rights. The best course of action is to contact an experienced Maryland family law attorney as early in the proceedings as possible.

In a recent divorce case, the husband argued (among other things) that the trial court abused its discretion by awarding his wife “indefinite alimony” and  finding that payments he described as “loans” made to him by his employer constituted income during the marriage to be included in “marital property” for purposes of calculating alimony. According to the court, Maryland’s statutory framework leans in favor of granting “rehabilitative alimony” to spouses, under which payments are awarded for a fixed term. But courts also have the authority to order indefinite alimony pursuant to a list of statutory factors. Continue reading

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Divorce is difficult. Couples seeking to dissolve their marriage will likely face some challenging and potentially divisive issues, such as child custody and support, alimony, and the division of marital property. Ideally, the parties will set aside their differences to address these important matters in an effort to move forward in their separate lives. Fortunately, Maryland family law governs many aspects of the process, affording the parties somewhat of a blueprint of what to expect as they proceed through their case. But how these laws apply to the unique circumstances of any one family law case is not easy to predict. If you are considering divorce, it is important to contact an experienced family law attorney who can assess your case and provide you with a well-crafted strategy designed to achieve the best settlement for your situation.

Maryland courts take very seriously any issue related to child custody and support. In a recent family law case, the father sought to modify child support in accordance with §12-104 of the state code. Here, the parties were married in 1995 and had two children. In 2004, the couple entered into an agreement that was incorporated into the Judgment of Absolute Divorce. The agreement set the father’s monthly child support payments at $2,199, based on the parties’ separate income. It also provided that the amount should be recalculated every two years thereafter. Apparently, the father failed to disclose that his income increased dramatically over the years. In 2011, the court ordered the father to pay the mother $13,263 per month in child support, as well as arrears and other reimbursements. The father did not appeal the order.

But in 2012, the father filed a complaint seeking to modify child support, arguing that there had been a material change in circumstances because his income decreased by 25%. The dispute concerns the treatment of the father’s receipt in 2012 of $396,164.24 deferred compensation for child support purposes. According to the court, if it were not considered income, the father would be entitled to a modification of child support. If it is included in income, he would not. The court denied his request, concluding that the father failed to bring sufficient proof from which the court could determine what portion of the amount was a gain on the original deferred income. The father appealed, arguing that he met his burden of proving that he sustained a 25% decrease in income. He specifically argued that his deferred income, which was attributed to a parent in the years it was earned for the purpose of calculating child support, should not be counted a second time.

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State laws govern various aspects of marriage and divorce. Since each state has the authority to enact such laws, there are many differences, both procedural and substantive, throughout the country. Here in Maryland, in 2012, Governor Martin O’Malley signed Senate Bill 116, the Civil Marriage Protection Act, thereby legalizing same-sex civil marriage in the state. By doing so, Maryland became the eighth state in the country to legalize same-sex marriages. But not all states have taken the same initiative, leaving same-sex couples with certain obstacles with respect to marriage and divorce. If you are considering divorce, an experienced Maryland family law attorney would be able to review your case to come up with the best strategy to protect your rights under the circumstances.

A controversial case from Mississippi illustrates one of the problems couples may face when seeking to dissolve a same-sex marriage. Here, two women (Lauren Czekala-Chatham and Dana Ann Melancon) were married in California in 2008. They bought a house together in Mississippi prior to separating in 2010. Upon filing for divorce, the court advised the couple that under Mississippi state law – which does not recognize same-sex marriages — it did not have the authority to grant the divorce. Specifically, the court pointed out that the Mississippi Constitution and the state statutes prevented it from doing so. While the couple may pursue their divorce in California, Czekala-Chatham has stated that they should not be treated differently than straight couples. She appealed the court’s decision.

The Governor of Mississippi, Phil Bryant, has decided to intervene in the case by opposing the appeal to the highest court in the state. The court granted the Governor’s motion to intervene, and the Mississippi Supreme Court has indicated that it would hear the case rather than assign it to the appellate court. Parties who are against the granting of the divorce argue that each state should be permitted to make its own rules.

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Child custody disputes are arguably among the most emotionally charged issues a couple will face during a divorce proceeding. In many cases, both spouses approach the issue of child custody with the hope of spending as much time with their child as possible after the divorce. And while the typical scenario involves two parents who certainly want what is best for their children, they often end up in heated arguments over just what that means. Parenting arrangements can take various forms, and what works for one family may be something very different from what works for another. If you are considering divorce or separation, you are encouraged to seek the assistance of an experienced Maryland divorce attorney who will work to preserve and protect your rights in the proceedings.

Under a sole custody arrangement, the child lives primarily with one parent, whereas in a joint custody or shared parenting situation, the parents each spend 50% of the time with their child. While child custody arrangements do run the gamut in terms of sole custody versus shared or joint custody, there has been some news coverage of late that strongly suggests that joint custody should be the rule, not the exception in most cases. One article points to the results of decades of child development research as the impetus for encouraging, if not mandating, shared parenting or joint custody. In this situation, each spouse would spend 50% of the time with the child.

Additional information further supports this proposition. For example, entities such as the U.S. Centers for Disease Control and Prevention, along with the U.S. Census Bureau and the U.S. Department of Justice, point out alarming statistics related to children raised by single parents. According to the data, children brought up by a single parent account for 71% of high school dropouts, 85% of children who exhibit behavioral disorders, and 85% of those in prison, among other tragic statistics. Continue reading

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Divorce affects each family in a unique way. In most cases, however, the parties will have to address and resolve many emotional and financial matters. Some of the more significant financial issues concern child support, spousal support, and the division of marital property. Depending on the circumstances, one party may be entitled to spousal support (also known as “alimony”) from the other. Couples contemplating divorce are encouraged to consult with an experienced family law attorney early in the proceedings in order to ensure that their financial rights are protected. Since divorce is regulated by each state individually, it is important to contact a Maryland lawyer who is fully familiar with the local laws and procedures in this state.

Spouses have the ability to craft their own settlement agreement, which may contain provisions concerning alimony, including the amount, duration, and other limitations. In a recent Maryland case, the parties were married in 1966 and were granted an absolute divorce in 1985. In 1998, they signed an amendment to their voluntary separation and property settlement agreement that was incorporated into the divorce decree. The amendment provided, in pertinent part, that the husband would pay spousal support to the wife in the amount of $26,800 per year, in monthly installments, for as long as the parties live separate and apart, and until either the wife remarries or either party dies.

The clause further provided that it is not subject to modification by any court, with limited, identified exceptions. Finally, the provision included a waiver of the parties’ rights to have any court change or create a different provision for the wife’s support and maintenance. Despite this agreed-upon language, the husband sought to terminate alimony in order to avoid a “harsh and inequitable result,” alleging that he had become permanently disabled and cannot work and earn an income. The wife filed a motion to dismiss, arguing that he had waived his right to petition the court to modify spousal support and maintenance. Continue reading

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In any divorce matter, it is important for each spouse to consult with his or her own attorney, who will seek to protect that person’s separate rights going forward. One of the most important documents that divorcing spouses often agree to is a marital settlement agreement or “MSA.” In many cases, the MSA will purport to resolve any number of issues, such as property division, alimony, child support, custody, and other matters. That agreement can be made part of the ultimate divorce judgment, depending on the circumstances and the parties’ wishes. At each step in the proceedings, there are many decisions to be made that could affect the outcome of a case. For this reason, parties are encouraged to secure their own family law attorney, who is experienced handling such cases in the state of Maryland.

In a recent case, the husband and wife had hired an attorney to handle an immigration matter. Some time later, the couple decided to divorce. They discussed separation and agreed to a variety of terms to be incorporated in a marital settlement agreement. In 2005, the wife asked that same attorney to handle memorializing the terms related to the division of marital property. The attorney drafted the document, the husband provided some revisions, and the parties signed the agreement on October 18, 2005. The document contained a clause titled “Independent Counsel,” wherein the husband acknowledged that he signed the agreement without his own attorney, freely and voluntarily.

Despite signing the agreement, the couple did not separate at that time. In 2007, the wife discovered that the husband was having a second extramarital affair, and they decided to prepare another settlement agreement to address issues not covered by the 2005 agreement. Based on their discussions, the wife asked the same attorney to draft another document. The husband was involved in reviewing the document and making certain changes. In 2008, the parties executed the final MSA, which also included an independent counsel provision. In 2009, the husband filed for divorce and simultaneously tried to allege that the 2005 and 2008 agreements were void and unenforceable and should be set aside. He claimed that they were entered into when the parties were still in a confidential relationship with the attorney who handled the previous immigration matter. Continue reading

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