Maryland Divorce Lawyer Blog

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.

Pursuing an Alimony Award in Maryland When Your Spouse’s Income Fluctuates Significantly Year-to-Year

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

Many people in this state make their living working jobs in which all (or most) of their earnings come from commission payments. These include insurance agents, financial advisors, brokers, real estate agents, and sales representatives. The overall annual incomes of workers paid on commission — much like the incomes of self-employed people — can fluctuate substantially and can be very challenging to prove when you’re going through a divorce and needing to seek an award of alimony. When you’re facing serious hurdles regarding proving your spouse’s income, an experienced Maryland alimony lawyer can provide essential aid.

Cases where a payor spouse is paid entirely (or predominantly) on commission — or is self-employed — are ones where figuring out that spouse’s actual “income” figure can be extraordinarily difficult.

L.Z.P. was one of those people facing these complexities in her Anne Arundel County divorce case. She earned a fixed salary while her husband was paid 100% on commission.

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.

Spousal Bad Acts and Their Role in Strengthening Your Case for Alimony in Maryland

April 28, 2023 | by Anthony A. Fatemi, LLC

Going through a divorce is almost always a stressful time. That stress is even worse if you’re a divorcing spouse with no income and no ability to secure employment right away. When that happens to you, the law has options, such as rehabilitative alimony. A skilled Maryland divorce lawyer can help you collect and present the proof you need to get the alimony you deserve.

Earlier this month, this blog looked at a divorce situation where a spouse presented evidence of her husband’s misconduct that “contributed to the estrangement of the parties,” and parlayed that into a successful outcome regarding the monetary award the court ordered.

The case from earlier this month involved a husband who sought (and paid for) intimate pictures of women who were not his wife. While misconduct of a personal/intimate nature (such as the above example) may be what most readily comes to mind when it comes to spousal misconduct affecting the outcome of your divorce judgment, the alimony case we highlight today shows that there is actually a variety of spousal bad actions that can strengthen your divorce case.

How Your Spouse’s Marital Misconduct May Impact Your Monetary Award in a Maryland Divorce, Even If Yours is Not an Adultery Case

April 14, 2023 | by Anthony A. Fatemi, LLC

Here in Maryland, you have multiple avenues for seeking a divorce. You can pursue a “no-fault” divorce, provided you and your spouse have been separated for at least 12 months. Alternately, Maryland law recognizes six other causes for granting an absolute divorce, each of which revolves around the other spouse’s fault. Whether you’re proceeding with a no-fault divorce or a divorce based on your spouse’s fault, a skilled Maryland divorce lawyer can help you accomplish your goals more fully.

Obviously, if you’re pursuing a “fault” divorce based on your spouse’s adultery, you’re going to need proof of his/her bad conduct. In Maryland, you don’t have to present evidence of actual coupling between your spouse and a paramour; you simply have to establish that your spouse had both the “disposition” and the “opportunity” to cheat.

However, as a recent divorce case from Howard County shows, proof of your spouse’s marital misconduct can be beneficial to your case, even if you’re proceeding with a no-fault divorce.

The Ingredients of a Successful and Enforceable Post-Nuptial Agreement in Maryland

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

Today more than ever before, the two people who enter into a marriage represent two individuals with pre-established lives, careers, and wealth. Given that reality, spouses (or spouses-to-be) today have a greater need for prenuptial or postnuptial agreements than ever before. As with any contract, success when it comes to these agreements involves careful attention to detail to ensure you end up with (a) what you thought you agreed to, and (b) a valid and enforceable contract. In doing that, seeking out representation from an experienced Maryland prenuptial/post-nuptial agreement lawyer can help you to achieve those goals.

Last fall, this blog covered a Court of Special Appeals (now Appellate Court of Maryland) decision related to a couple’s post-nuptial agreement and the enforceability of a $7 million infidelity penalty. Ultimately, the court concluded that there was nothing illegal about the contract and, as a result, it was enforceable and the husband owed the penalty.

This post concerns itself less with details of that specific post-nuptial agreement and more with the things that any couple considering a post-nuptial agreement needs for success.