Maryland Divorce Lawyer Blog

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.

A First Wife’s Efforts to Get Her Dead Husband’s Second Marriage Annulled Failed Because of Her Excessive Delay

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

A recent case from Prince George’s County includes some highly unusual facts, including a woman’s 2011-12 effort to invalidate her divorce and her 2020 attempt to annul her husband’s marriage to his second wife… even though the husband died in 2007. While the outcome of the woman’s case doesn’t break new legal ground regarding issues like the division of marital property, it does serve to remind all spouses that, if they think you have a need to take legal action, don’t wait. Instead, get in touch with a knowledgeable Maryland divorce lawyer as soon as possible to begin protecting your rights and avoiding risking losing them due to excessive delay.

A deceased man’s two marriages make for a case in point. It all started when, after four years of marriage, A.P. and his wife, B.P., separated in 1975. They did not, however, get divorced.

In 1991, the husband sought a divorce in D.C. The wife didn’t participate so the D.C. judge granted the man a default judgment of absolute divorce. The next year, A.P. wed again. A.P. and his second wife, M.P. remained together until the man’s death in September 2007.

The Maryland General Assembly Weighs Passage of a Law to Institute ‘No-Fault’ Divorce in This State

February 27, 2023 | by Anthony A. Fatemi, LLC

The Maryland General Assembly is weighing the prospect of making this state a “no-fault” jurisdiction in terms of divorce actions. For some couples contemplating the prospect of divorce, such a change may have little impact; for others, it may matter a great deal. The bill is a reminder that, like all areas of the law, divorce law is frequently evolving. To put yourself in the best position possible, retain an experienced Maryland divorce lawyer who is fully up-to-date on all the changes in the law.

The bill, House Bill 14, would allow spouses to seek a dissolution based solely on their “irreconcilable differences.” Additionally, Maryland judges could grant divorces based on six months’ separation or medical proof that the other spouse is permanently incapacitated and incapable of making decisions.

Currently, Maryland has two forms of divorce: limited divorce and absolute divorce. Limited divorce doesn’t end the marriage and doesn’t allow you to remarry someone else, but somewhat functions like a form of legal separation, allowing you to obtain certain relief like an award of support. The bases that Maryland law currently recognizes for the award of a limited divorce are (1) cruelty (toward you or a minor child), (2) excessively vicious conduct, (3) desertion, or (4) voluntary separation.

What to Do When Your Divorce Involves Litigation in Maryland and Out of State

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

A skilled Maryland divorce lawyer can provide crucial assistance in most divorce cases. However, there are some types of cases where the aid of knowledgeable legal counsel is especially crucial, and that includes matters that span across multiple jurisdictions.

For one couple in Baltimore County, their divorce spanned multiple countries. The husband was a dual citizen of the United States and Nigeria. The couple married in the Nigerian capital in 2003 but relocated to Pikesville the next year, where they remained until their separation in 2019.

The wife filed her Maryland divorce petition in late May 2021. Three months later, the husband asked the judge to dismiss the petition. The reason? The husband had already filed a divorce petition in Nigeria in October 2020.

Contempt of Court and Who Has (and Who Doesn’t Have) a Right of Appeal in a Maryland Unpaid Alimony Dispute

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

If you have an alimony obligation and your ex-spouse is seeking to have you held in contempt of court, this is a very serious matter that you should treat accordingly. If a court declares you in contempt, you could be ordered to pay fines or even jailed. This requires serious countermeasures, including retaining the services of an experienced Maryland family law attorney.

P.R. was a Montgomery County husband facing that type of potential legal consequence. He and his wife divorced in May 2017. Three months prior, the spouses signed a marital settlement agreement that called for the husband to pay the wife non-modifiable alimony for a period of 10 years.

In 2020, the spouses became embroiled in a dispute over $6,350 in court-ordered attorney’s fees that the wife owed the husband. The husband took that $6,350 out of his alimony payments over a period of nine months.

Pursuing a Finding of Contempt of Court in Maryland When Your Ex-Spouse Has Not Met Their Alimony Obligation

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

Unpaid alimony matters are intensely fact-driven, meaning that your case can be much more successful if your judge has all the facts and is presented with all the circumstances regarding your ex-spouse’s non-compliance. If your ex-spouse isn’t living up to their alimony obligations, you can (and should) seek relief from the courts. And you should act promptly in contacting a knowledgeable Maryland unpaid alimony lawyer about protecting your rights.

The alimony case of F.S. and S.M. was a dispute that involved a large sum of unpaid alimony. The spouses, who divorced after 30 years of marriage, worked out a property settlement agreement that included an alimony provision. The agreement set the initial alimony amount at $1,500 but said that, if the wife no longer lived in the marital home, the amount of alimony was $3,250 per month.

The wife moved out in September 2016.

In December 2019, the wife asked the court to find the husband in contempt because he had not paid his alimony. Before the trial judge, the husband argued that he never agreed to anything regarding alimony in the separation agreement. After the hearing, the court concluded that the husband was in contempt, having never paid any alimony. The court set the husband’s unpaid alimony amount at $130,750.