Maryland Divorce Lawyer Blog

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

Maryland Court Affirms Decision Denying Parent Visitation in Child Custody Dispute

December 30, 2014 | by Anthony A. Fatemi, LLC

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

“Marital Presumption” Under Maryland Code Governs Issues of Paternity

December 16, 2014 | by Anthony A. Fatemi, LLC

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

Maryland Court Upholds Award of “Indefinite Alimony” to Wife

November 26, 2014 | by Anthony A. Fatemi, LLC

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