Maryland Divorce Lawyer Blog

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.

“Landmark” UK Divorce Ruling Allows Wives in Two Cases to Reopen Settlement

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

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 characterization of property subject to division. One hopes that the parties will be honest and disclose all marital assets. But in some cases, spouses may not be completely forthcoming and actually attempt to conceal certain assets. For these reasons alone, it is important that anyone considering a divorce take steps to protect their financial future. One way to do that is to consult with an experienced family law attorney who handles divorce and separation cases on a daily basis.

Under Maryland law, marital property is all the property that you or your spouse accumulated during the marriage, including your bank accounts, houses, cars, furniture, businesses, stocks, bonds, pensions, retirement plans, IRAs, and jewelry. While some states also include the value of professional licenses and degrees, Maryland does not. Some items that are not considered marital property, even though they were acquired during the marriage, are gifts from a third party, something inherited by one spouse alone, or something that the couple mutually agreed would remain separate property.

New Maryland Divorce Law Takes Effect; Simplifies Process

October 20, 2015 | by Anthony A. Fatemi, LLC

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 wait a year before filing for divorce. This provision served to delay a process that couples often hoped to resolve as efficiently as possible. But under this law, once the spouses lived separate and apart from each other, only then would the clock begin to tick. If for some reason the parties resumed living together, even for a few days, the clock would reset and further delay the divorce process.

Like most laws, there were exceptions. For example, spouses could circumvent the waiting period by alleging that one party or the other committed adultery or had been abusive. In some cases, couples were making false allegations simply so they could file for divorce without having to wait for the year to elapse. According to an article in the Baltimore Sun, all of this has changed, due to the efforts of Senator Robert A. Zirkin in sponsoring legislation to help “Marylanders to move on with their lives.”

In an earlier blog post, we reported on Senator Zirkin’s Bill 472 (the foundation for the new law), describing it as a provision that would authorize a court to decree an absolute divorce on the grounds of mutual consent under certain specified circumstances. Before the bill was passed, it underwent some revisions to address concerns by lawmakers that it did not afford enough protections against one spouse taking advantage of the other. The new, revised bill went into effect last week, easing the path for married couples to seek a divorce.

Maryland Court Rules Father is a “Parent” of Child Conceived Via In-Vitro Fertilization

September 29, 2015 | by Anthony A. Fatemi, LLC

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, care, nurture, welfare, and education. In some family law cases, even in matters where the parties are married and seeking to divorce, there can be disputes over the paternity of a child. It is important to fully understand the financial and practical implications of parentage in any family court dispute. Before you pursue any legal action, you are strongly encouraged to seek the help of an experienced Maryland family law attorney who can work to protect your rights.

In a recent Maryland divorce case, the father contested the issue of legal parentage in an effort to avoid any obligations or rights with respect to the child at the center of the dispute. Here, the couple got married in 2008 and entered into an “in-vitro” fertilization (“IVF”) plan in 2010. The parties each signed the contracts and other documents necessary to implement the plan. A child was then conceived and born with the help of a donated egg and donated sperm. Shortly after the child was born, the couple separated, and the father contested legal paternity.

Maryland Court Reluctantly Denied Custody and Visitation in Same-Sex Divorce Case

September 17, 2015 | by Anthony A. Fatemi, LLC

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 circumstances of the divorce, especially at the very beginning of the proceedings. To protect your family’s rights in a divorce case, you are encouraged to reach out to an experienced Maryland family law attorney as soon as possible.

Child custody issues can become even more complicated in same-sex marriages, in which the local state laws (statutory or common law) have not quite caught up with the needs of such divorcing couples. Consider a recent case, Conover v. Conover, in which the parties disputed one spouse’s right to custody and visitation. Here, the couple began a relationship in 2002 and decided to try artificial insemination, by an anonymous donor, in order to conceive a child. At the time, the couple, Brittany and Michelle, lived in D.C., where same-sex marriage was not legal.

Divorced Couple Battle Fate of Frozen Embryos in Court

August 31, 2015 | by Anthony A. Fatemi, LLC

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 separating spouses will be able to come to an agreement on the most significant issues related to their marriage. And even when the parties do enter into a marital settlement agreement or some other consent agreement, one spouse or the other may attempt to challenge the terms down the road. In order to ensure that your separation or property settlement agreement complies with applicable Maryland law, you are encouraged to consult with a local, experienced family law attorney.

The importance of crafting and executing an enforceable agreement in any family-related matter cannot be overstated. In a recent case making national news, a divorced couple has been in court arguing over the fate of their frozen embryos. During their relatively short marriage, Dr. Mimi Lee and Stephen Findley chose to create five embryos upon learning that Dr. Lee had breast cancer. Two years ago, Findley filed for divorce and sought to have the embryos destroyed. Dr. Lee, 46, wants to implant the embryos, since she considers it her last chance to have a biological child.

Maryland Court Decides Child Custody Issue Involving Special Immigrant Status

August 17, 2015 | by Anthony A. Fatemi, LLC

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 neglected by his or her parents. In fact, state law protects children from “neglect,” which is legally defined as “leaving a child unattended or other failure to give proper care and attention to a child by any parent . . . under circumstances that indicate (1) that the child’s health or welfare is harmed or placed at substantial risk of harm.” In order to properly understand your rights in any child custody case, during a divorce or separation proceeding, it is important that you contact an experienced Maryland family law attorney as soon as possible.

Child custody cases take many different shapes and forms. In some unique situations, a child may be a citizen of another country but in the United States and in the care of a family member other than a parent, in order to avoid neglect. When this happens, courts may be called upon to determine whether it is in the child’s best interests to be reunited with the parents. In some instances, the court could determine that reunion is not a viable option due to neglect.

Maryland Court Asserts Personal Jurisdiction Over Non-Resident Putative Father in Child Custody Case

July 29, 2015 | by Anthony A. Fatemi, LLC

Most states have enacted uniform laws that govern child custody and support issues. Such uniform provisions serve to provide “systematic and harmonized approaches” to family issues that require immediate attention when the parents live in different states or countries. Since such parents live in different states or nations, the first issue that must be resolved is whether the court has proper jurisdiction over the person to handle the child custody or support dispute.

The governing statutory frameworks are: 1) the Maryland Uniform Child Custody Jurisdiction and Enforcement Act, or the UCCJEA, and 2) the Maryland Uniform Interstate Family Support Act, or the UIFSA. These statutes do not contain uniform provisions on jurisdiction, and in some cases courts are called upon to sort through the discrepancy. If you are facing a child custody or support matter of any kind, it is important to contact a Maryland family law attorney to find out how the law can affect your case.

Maryland Court Upholds Marital Agreement Dividing Pension Benefits

July 15, 2015 | by Anthony A. Fatemi, LLC

Under Maryland law, “marital property” is a term used to identify property that was acquired during the length of a marriage. In contemplation of divorce, spouses often seek to divide up marital property by virtue of a settlement agreement. Under Section 8-105 of the Maryland Family Code, courts have the power to enforce the provisions of such agreements. The statute provides that a settlement agreement that has been incorporated, but not merged into the final decree, may be enforced as a judgment or as an independent contract. It is important to understand how these legal rules can affect your divorce proceeding. For assistance and guidance on how to prepare and present your case, you are encouraged to contact a local Maryland divorce attorney as soon as possible.

In a recent divorce case, a Maryland court of special appeals was confronted with a dispute over the terms of a settlement agreement purporting to divide the couple’s pension and retirement benefits. Here, the couple got married in 1989 and separated in 2006. The wife filed a complaint for absolute divorce in 2008. In February 2009, the husband filed a counter-complaint for absolute divorce, custody and other relief. On July 30, 2009, the court issued a judgment of divorce, incorporating the parties’ agreements – resolving all remaining issues. As part of this judgment, the court referenced the parties’ agreement concerning all of the property issues related to this case, which included a division of the couple’s pension interests.

Approximately a month later, the military informed husband that he would be relieved of duty and afforded “retired pay” that would be calculated based upon a 60% disability rating. In January 2010, the trial court issued a Marital Property Consent Order, which identified the parties’ agreement regarding the division of marital property, namely that wife would be entitled to 50 percent of the marital property portion of husband’s monthly pension. Throughout a series of court proceedings, wife argued that husband was in contempt for failing to divide his military pension. Husband argued that he was now only receiving disability payments, which are not subject to division under federal law.

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.