Divorce

Same Sex Marriage and Divorce Making News Around the Country

June 26, 2015 | by Anthony A. Fatemi, LLC

As the nation awaits the United States Supreme Court’s imminent and historic decision on same sex marriage, other courts in the country are addressing issues of particular importance to same sex couples: can they get divorced? Since states draft and enact their own laws governing marriage and divorce, the landscape throughout the country varies a great deal from place to place. A same sex couple who marries in a state where it is legal may find some difficulty obtaining a divorce from a state that does not recognize the union. Divorce laws serve to protect the parties’ rights throughout the process and going forward, once the couple separates. If you are considering a divorce, whether from a same sex marriage or not, it is vitally important that you contact a local Maryland divorce attorney who can guide you through the process while seeking to protect your financial and legal rights.

In a very recent divorce case, the highest state court in Texas ruled that the State Attorney General (“AG”) could not stop the divorce of a same sex, Texas couple who were married in Massachusetts. Essentially, the court held that the AG did not intervene in a “timely manner.” Here, the parties were married in 2004 in Massachusetts. However, several years later a Texas district court granted the couple’s divorce. The AG later attempted to intervene in the case and stop the divorce. In 2011, a court of appeals in Austin concluded that the attorney general’s office did not have standing to appeal the divorce between two state residents. On appeal, a majority of the highest state court agreed, avoiding the crux of the issue by pointing out that the decision was limited to whether or not the AG’s office’s effort to intervene was timely.

Maryland Family Law Governs the Enforcement of Child Custody Orders

June 1, 2015 | by Anthony A. Fatemi, LLC

When a couple decides to file for divorce, there are many difficult issues to address and hopefully reconcile in a mutually agreeable manner. Of the challenging topics to resolve, child custody is often considered the most emotionally charged arrangement to settle. In most cases, both parents hope to spend as much time with their children after the marriage ends, as before. Under the best case scenario, the parents will agree to the terms in an amicable way. This serves the best interests of the children and helps to move the process along smoothly. But there are cases in which one or both parties are unhappy with the ultimate custody order and may seek to challenge or modify the court’s decision. If you are considering a separation or divorce from your spouse, it is important to understand how the local laws may affect your family’s rights. The best course of action is to contact an experienced Maryland family law attorney as soon as possible.

According to a widely publicized national news story, former Gossip Girl star Kelly Rutherford has been in a protracted battle with her ex-husband over the custody of their two children, now ages eight and five. She lives in California, and he lives in France. In 2012, a California judge ruled that the children would live with their father in Europe because his visa had expired and he was not permitted to travel to the United States. At the time, the court reasoned that there was no other way for the father to see his children.

Maryland Court Reviews Wife’s Request for Certain Pension Benefits in Divorce

May 14, 2015 | by Anthony A. Fatemi, LLC

Couples who file for divorce have an opportunity to prepare a settlement agreement that will address and resolve all issues arising out of their marriage. This means that they may divide up the marital property in a manner suitable to both parties. Once a court issues the final judgment of divorce, this agreement may be included in the record, and the judgment will contain its terms. Under Maryland law, spouses may identify and allocate “pension benefits” as part of the settlement agreement. Like many aspects of a divorce proceeding, this phase is governed by case law and statutory provisions. In order to adhere to these laws and protect your financial interests in divorce, it is imperative that you contact an experienced family law attorney from the Maryland area.

In a recent case, Pulliam v. Pulliam, the divorcing couple disputed whether their settlement agreement and consent judgment incorporated a voluntary Deferred Retirement Option Program (“DROP”). Here, the parties married in 2005 and filed for divorce five years later in 2010. During the uncontested divorce hearing in 2012, the couple placed their settlement agreement on the record. Pertinent to this case, the agreement addressed the husband’s membership in the Law Enforcement Officers’ Pension System (“LEOPS”). Under the terms of the agreement, which purported to resolve all issues arising out of their marriage, the wife was entitled to one half of the “marital share” of the husband’s entire pension benefit. In March 2012, the court entered a judgment of absolute divorce and included the parties’ agreement as part of the order.

In August 2013, the wife moved the court, seeking an Eligible Domestics Relation Order (“EDRO”) because the husband refused to sign the order. Essentially, the wife was seeking to include the DROP benefits as part of the husband’s pension, of which she would be entitled to a share. The husband opposed the motion, arguing that at the time of the divorce, he was not even eligible to participate in the DROP program. The trial court concluded that the DROP benefits were to be considered retirement assets within the meaning of the EDRO. The husband appealed.

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.

Maryland Senator Sponsors Bill To Amend Divorce Law

March 30, 2015 | by Anthony A. Fatemi, LLC

A common complaint among couples going through a divorce proceeding is the length of time it often takes to resolve and obtain a judgment of absolute divorce. One of the most common causes of a drawn-out process is inherent in the nature of a divorce: the couple’s relationship has deteriorated and the parties typically do not agree on the key issues to be resolved. And in Maryland, current state law adds to this already difficult situation by requiring couples to live apart for a full year before even applying for a divorce (under certain circumstances). One way to help move the process along more quickly is to seek the assistance of an experienced Maryland family law attorney, someone who understands these challenges and can foster a smoother and more efficient process.

Another potential factor that could reduce the length of time that parties must wait to receive a divorce judgment concerns the recent efforts by a Maryland State Senator to add a new ground to the Family Code: mutual consent. Senator Robert Zirkin introduced a Bill (SB 472) on February 6, 2015, that would authorize a court to decree an absolute divorce on the grounds of mutual consent under certain specified circumstances. The Bill would also authorize a court to merge or incorporate a settlement agreement into a divorce decree. And finally, the Bill would permit a court to modify or enforce a settlement agreement consistent with certain provisions of law.

Maryland Legislators Introduce Bill Addressing “de facto” Parental Status

March 16, 2015 | by Anthony A. Fatemi, LLC

Many family law cases, such as a divorce or separation proceeding, involve child custody and visitation issues. When the divorcing spouses are the biological or adoptive parents of the children involved, Maryland law provides ample protections with respect to their parental rights and responsibilities going forward. Significantly, courts have the authority to order a parenting arrangement and child support, in accordance with the best interests of the child. And if the spouse who is required to pay child support fails to meet the obligation, courts are empowered to take extra measures to ensure that the child is financially supported. If you are faced with a child custody, visitation, or support issue, you are strongly encouraged to contact a local family law attorney who can work to ensure that your (and your child’s) rights are adequately protected.

According to a recent article in the Baltimore Sun, the current law fails to address the “parental” rights of a couple who splits up, when neither spouse is the biological or adoptive parent of any children they are raising. In this kind of a case, Maryland state courts would effectively regard such parents as “legal strangers,” regardless of whether they have raised the child or not. At the heart of this problem are any children from this relationship, who stand to lose the love, emotional security, and financial support of one or more parents who wish to retain their parental rights and responsibilities.

Maryland Court Addresses Immigration Status of Child in Divorce and Custody Proceeding

March 2, 2015 | by Anthony A. Fatemi, LLC

When a married couple decides to go forward with a divorce, there will undoubtedly be many tough issues to address and resolve before the proceeding is over. Many spouses often choose to put off filing for a divorce, due to the emotional and financial repercussions. One of the most contentious issues tends to involve the children and how to allocate both physical and legal custody. There are many ways to sort through this part of the process, but no one solution is right for every family. Ideally, spouses will consult with their own legal counsel to ensure that their individual rights and interests are protected. The best course of action is to reach out to a Maryland family law attorney with a great deal of experience handling divorce cases.

In a recent case, the Maryland Court of Special Appeals was faced with a somewhat unique issue in a child custody and divorce matter: whether to make “factual findings” under a federal immigration law, concerning the child’s potential status as a “special immigrant juvenile” or “SIJ.” Here, the parents were together since 1998 and got married in 2010 in Washington, D.C. They are both residents of Maryland. Their first child was born in 2000 and is a citizen of Ecuador, where she lived with her maternal grandparents. In 2010, the child moved to the United States to live with her mother. She is currently an “undocumented alien.”

Maryland Court Interprets Settlement Agreement Dividing Marital Property

February 12, 2015 | by Anthony A. Fatemi, LLC

In many divorce cases, a couple is able to reach an agreement concerning some of the key contentious issues, such as the division of marital property, alimony, child support, and the like. Of course, the parties are encouraged to find some middle ground on these fundamental matters, since it tends to save time, money, and unnecessary heartache. But even in cases where the parties initially agreed to a settlement that is incorporated in the divorce judgment, there is no guarantee that circumstances won’t arise in the future that will prompt one spouse to seek the court’s involvement. No matter how agreeable a family law case seems, the spouses are strongly encouraged to seek their own counsel, especially when children are involved. An experienced Maryland family law attorney can help protect your financial and logistical rights in a dissolution of marriage case at every step of the way.

In a recent Maryland case stemming from a divorce judgment granted in 2010, Baker v. Baker (Md. Ct. of Special App. 2015), the ex-husband sought to restrict his ex-wife’s entitlement to a “capital-loss carry-forward” resulting from activity in the couple’s jointly held investment accounts. During the original dissolution proceedings, the parties entered into a Voluntary Separation and Property Settlement Agreement (the “Agreement”), which was incorporated into the judgment of divorce. Among other items, the Agreement addressed matters of alimony, child custody and support, and the division of marital property. At issue in this case was one particular clause in the Agreement that allocated the couple’s investment accounts.

Maryland Law Governs Significant Aspects of Divorce

January 30, 2015 | by Anthony A. Fatemi, LLC

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

Maryland Enacts New Laws to Protect Families from Domestic Violence

January 23, 2015 | by Anthony A. Fatemi, LLC

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