Divorce

How Failing to Meet Your Discovery Disclosure Obligations Can Greatly Damage Your Maryland Divorce Case

October 17, 2023 | by Anthony A. Fatemi, LLC

While divorce trials are matters where the focus falls heavily on the facts in evidence, Maryland still has numerous procedural rules that govern. A spouse’s failure to comply with them can have a very harmful impact on that spouse’s ability to litigate her case before the court. Procedural issues are one area where a skillful Maryland divorce lawyer can be greatly helpful, ensuring that you are fully compliant with all the procedural rules as well as the procedural orders the court issues.

A divorce case from Prince George’s County shows exactly how damaging procedural errors can be.

The spouses in the case married in 2013 and separated in 2019. The wife worked for the federal government, but she also had her own business that, in 2016, transitioned to focus primarily on nutritional supplements. That transition was a success and the wife’s business experienced substantial growth during the spouses’ marriage.

Major Changes in the Grounds for a Obtaining Maryland Divorce Take Effect October 1

September 30, 2023 | by Anthony A. Fatemi, LLC

Back in February, this blog discussed a bill in the General Assembly that would create “no-fault” divorce in this state. That bill passed and, as WUSA reminded its audience today, Maryland’s new no-fault divorce law takes effect tomorrow, October 1. The new law represents an important shift in divorce law in this state. To find out how the new law potentially impacts your divorce, be sure to get the right information by speaking to an experienced Maryland divorce lawyer.

Historically, Maryland law has recognized two types of divorce: limited divorce and absolute divorce. Limited divorce was something that did not end the marriage and did not permit remarriage, but did legalize the spouses’ separation and provide for a court order of support.

Absolute divorce fully ended the marriage, permitted remarriage, and divided all property.

What to Do When You’re Living in Maryland and You Need to Enforce the Divorce You Got Outside the United States

September 15, 2023 | by Anthony A. Fatemi, LLC

According to the U.S. Census Bureau, more than 30% of all Montgomery County residents were born somewhere outside the United States. That means thousands of people living in Maryland may have married somewhere other than the U.S. and may have even divorced outside this country. If you’re living in this state but you obtained a divorce from somewhere outside the U.S., there are steps you must undertake to make your foreign divorce enforceable here in Maryland. One way to help yourself along the way is to retain an experienced Maryland divorce lawyer who can guide you in getting the Maryland court order you need.

As an example of what’s involved, we can look at this recent divorce case involving a West African couple living in Montgomery County.

C.H. and her husband, J.A., married in the African nation of Togo before relocating to Montgomery County. In June 2018, the wife obtained a divorce judgment from a Togolese court. That court issued the judgment in the official language of Togo, which is French.

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

August 31, 2023 | by Anthony A. Fatemi, LLC

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 pet (or pets) decides to divorce. As is true of many circumstances surrounding divorce, you have options for dealing with this challenge. To make sure you are protecting your interests — and the best interests of your pet — it is wise to consult with an experienced Maryland divorce lawyer about your situation.

One location where the law is evolving is neighboring D.C. In April of this year, the “Animal Care and Control Omnibus Amendment Act of 2022” took effect. That new law says that, when a couple goes through a divorce or a legal separation proceeding, the trial judge should consider the “best interests” of the “pet animals” when deciding which spouse gets the pets.

Here in Maryland, the law functions differently. Maryland law says that pets are personal property, essential the same as a car, a boat, or a sofa. The significance of that — in terms of a divorce — is that your pets (much like that hypothetical car, boat, or sofa) are subject to equitable distribution if you acquired them during your marriage. (If you brought them into your marriage, the law often will deem them your non-marital property and you will retain them after the divorce. The same is true for pets your spouse brought into the marriage.)

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

August 17, 2023 | by Anthony A. Fatemi, LLC

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 use in calculating the marital and non-marital interests in a property. These computations — and the correct performance of them — can have a major impact on the outcome of your divorce. To make sure you are getting a fair judgment, you need to ensure the court has all the relevant facts. An experienced Maryland divorce lawyer often can provide essential assistance in doing that.

Just like how solving a math equation without following the order-of-operations rules will result in a wrong answer, doing the mathematical steps for calculating marital interest in the wrong order similarly will yield an errant result… one that’s subject to reversal on appeal.

The recent divorce of one Calvert County couple is a good example. J.S. and H.S. married in the summer of 2014. Five months earlier, the husband had purchased a six-bedroom home for $450,000, paying $160,000 down.

Baseball, Woody Allen, and an Absentee Spouse: Lessons from the Maryland Appellate Court in a Recent Potomac Divorce

July 31, 2023 | by Anthony A. Fatemi, LLC

Divorce cases are often highly fact-intensive contests. That means that much of the outcome of your case will rest on the trial judge’s exercise of his/her discretion. Overturning a trial court decision based on a judge’s exercise of discretion is often highly difficult, which is why, if you are embarking on a contested divorce, it’s well worth your while to retain a skilled Maryland divorce lawyer and make sure your trial presentation is the strongest it can be.

A recent divorce case originating here in Montgomery County makes for a good case study revealing some “everyday” types of information that can help you as you approach the divorce litigation process.

One point is ensuring that you have clear and open lines of communication with your lawyer and that both of you are “on the same page.”

Rehabilitative Versus Indefinite Alimony and the Concept of ‘Unconscionable Disparity’ in Maryland

July 17, 2023 | by Anthony A. Fatemi, LLC

One of the essential components of many divorce actions is contesting alimony. The differences between temporary alimony versus rehabilitative alimony versus indefinite alimony can be enormous, having a massive impact on both the recipient spouse and the supporting spouse. If you’re facing a dispute over alimony in your divorce case, the stakes are much too great to proceed with representation from a skilled Maryland divorce attorney.

One of the situations in which a recipient spouse can succeed in obtaining indefinite alimony is when he/she sufficiently demonstrates to the court that the difference between his/her post-divorce financial situation and that of the supporting spouse is “unconscionable” under the law.

A divorce case from Harford County represents one circumstance where unconscionability potentially existed.

Part of My Prenuptial Agreement is Unenforceable Under Maryland Law. Now What?

June 30, 2023 | by Anthony A. Fatemi, LLC

In Maryland, and across the United States, we have “freedom of contract.” This means that you and another party (or parties) mostly can customize the terms of your agreements however you want without governmental interference. That freedom extends to prenuptial agreements, but it is not without limits. Certain subject matters cannot be controlled by a prenuptial agreement and clauses purporting to do so are necessarily unenforceable. Working with a knowledgeable Maryland prenuptial agreement lawyer can be invaluable in making the document you sign will accomplish the goals you desire to achieve.

Getting your prenuptial agreement “right” is crucial for multiple reasons. For one thing, courts will (due to freedom of contract) enforce most prenuptial agreement provisions as written. However, on the other hand, including an unenforceable provision may substantially damage your overall agreement.

A recent divorce case originating in Prince George’s County shows what can happen when a prenuptial agreement goes wrong. The agreement contained one paragraph that said that if the wife left, filed for separation, or filed for divorce, the husband would get full custody of the couple’s children and the wife would receive “unlimited visitation rights.” Additionally, the wife promised in the second paragraph to raise the children in the Islamic faith.

The High Hurdle Involved in Overturning a Divorce Judgment in Maryland

June 16, 2023 | by Anthony A. Fatemi, LLC

Recently, a Montgomery County husband sought to defeat via appeal a divorce judgment that gave his wife a monetary award of more than $20,000 and three years of rehabilitative alimony. The wife’s success in the divorce trial — and the husband’s unsuccessful appeal thereafter — is yet another reminder of the paramount importance of having a strong presentation prepared for trial, which is one reason why a knowledgeable Maryland divorce lawyer can provide essential aid in your divorce case.

The couple married in Ethiopia in 2003. After 16 years of marriage and three children, they separated in late 2019, filing for divorce in 2020.

At trial, the husband testified that he made $60,000 as a school bus driver and an Uber driver. He also received a $91,000 small business loan in 2020. He alleged that he had $6,800 in monthly expenses, resulting in a monthly deficit of nearly $1,800.

Default Judgments: One of the Many Potential Risks You Face by Handling Your Maryland Divorce Case Without a Lawyer

May 18, 2023 | by Anthony A. Fatemi, LLC

People who try to litigate their divorce actions without the aid of a knowledgeable Maryland divorce lawyer can fall victim to many potential pitfalls. A recent case originating in Baltimore County, while not a divorce action, nevertheless contains some very valuable lessons for people considering litigating a divorce without counsel.

The dispute pitted a landlord against his former tenant. The landlord’s lawsuit alleged that the tenant owed more than $17,000 in unpaid rent and compensation for property damage. The tenant received her copy of the court papers (which included the landlord’s complaint and a court summons) on Dec. 20, 2020.

The tenant didn’t hire a lawyer. On Jan. 6, 2021, she filed a document with the trial court that she called a “Late Defense,” even though the document was, in fact, not late. She’d made a critical error, though: she neglected to include a “Certificate of Service,” which is a mandatory component of all valid court complaints and responses.