October is Nearly Here: Summing Up The Upcoming New Divorce Laws
Maryland divorce laws are changing! While we’ve all busy watching the spectacle of Kim Davis in the Kentucky clerk’s office, let’s not forget what’s coming down the pike here in Maryland. As we’ve blogged elsewhere (here and here and here), there are some much anticipated changes coming for divorcees effective October 1, 2015.
Read MoreThink Second Parent Adoptions Are A Thing Of the Past? Think Again. Conover v. Conover.
Yesterday, the Maryland Court of Special Appeals released its latest opinion on third party custody rights in Conover v. Conover. This case involved a lesbian couple. One of the couple, the biological parent, was inseminated and carried the child and the other woman, the non-biological parent, held herself out as the parent to the child,…
Read MoreWhat If My Husband’s Name Is On The Ashley Madison List?
In the wake of the Ashley Madison hack, we’ve been getting a lot of inquiries about what to do with the information that your spouse may be committing adultery.
Read MoreCan I Get Divorced On Adultery Grounds? What If I’m In A Same-Sex Marriage?
First a primer: in Maryland, you have to have grounds in order to be divorced. Most frequently, the grounds for divorce are a 12-month separation (a no-fault ground). There are grounds which are known as “fault” grounds, too: desertion, excessively vicious conduct, etc. Included in the fault grounds is the ground of adultery. One advantage…
Read MoreLimited Divorce On Separation Grounds Will No Longer Require A Voluntariness Component
Maryland’s law on limited divorce is changing. Not so long ago, the most common grounds for absolute divorce in Maryland (one-year separation) was changed so that the separation no longer had to be “voluntary.” Unfortunately, the corresponding limited divorce ground continued to have the “voluntary” requirement, making the two statutes incongruent and maddening prospective divorcees.…
Read MoreCongratulations to Emily Russell On Her Acceptance To Leadership Howard County’s Premier Program!
Howard County Divorce Lawyer Emily Russell Has Been Accepted into Leadership Howard County’s Premier Program! Although divorce and family law are our business, it’s not all we do! Every day, we are proud to be a part of the vibrant communities we serve, including Howard County. So we are especially thrilled to announce that Emily Russell…
Read MoreBlake Shelton and Miranda Lambert Are Divorcing. Not to Fear, They Have a Prenuptial Agreement. Should You Consider One?
After four years of marriage, country music stars Blake Shelton and Miranda Lambert have announced they are divorcing. But from the outside at least, the separation seems to be moving along pretty quickly. From our perspective, this must be at least thanks in part to the couple’s prenuptial agreement. So, yes, if you are contemplating…
Read MoreSometimes Your Life and Your Desk Can Be Messy: Finding Joy In the Organizing
There’s no time like a divorce to begin organizing! Ever felt like your life was out of control? Or just too messy to get what you want? Heather McCabe, one of the attorneys at McCabe Russell, is inspired both in her life and in the family law work she does every day by the “tidying…
Read More5 Steps To Take Before You Divorce
View our video on 5 steps to take before you divorce. You may also want to review our frequently asked questions about divorce, domestic violence, prenuptial agreements, child custody, and related topics about family law in Maryland.
Read MoreNew to Maryland? Residency Requirement For Divorce in Maryland Will Be Cut In Half
For as long as we can remember, Maryland divorce law has required a one year residence period by a party prior to divorce. This requirement could wreak havoc. For instance, couples who moved frequently or who moved long distances as a result of job requirements or who moved as a result of domestic abuse found…
Read MoreAfter The Supreme Court Opinion, Do My Spouse And I Still Have To Do A Second-Parent Adoption?
Are you wondering whether a second parent adoption is still necessary after the Supreme Court’s recent opinion on same-sex marriage? In short, yes it is. While Obergefell was a giant stride for same-sex folks, it is important not to conflate marriage rights with parentage rights. The same parentage issues that used to be present for…
Read MoreMutual Consent Grounds For Divorce in Maryland
Updated July 2020 As of October 2018, mutual consent has been an option for divorcing couples in Maryland. The final version of the law is slightly different from what was originally proposed in 2015. Now, parents with minor children may also file for divorce using mutual consent grounds. You can read the text in its…
Read MoreThe Supreme Court On Same-Sex Marriage: The Practical Impact of Obergefell v. Hodges
Today, making way for same-sex marriage, the Supreme Court decided the landmark case of Obergefell v. Hodges. The opinion gives same-sex couples the same rights as their different-sex counterparts. The issues as framed by Justice Kennedy (writing for the majority) were (1) whether the Fourteenth Amendment requires a State to issue marriage licenses to two…
Read MoreWhat Do You Mean You Restructure Families? I Want A Divorce.
What does it mean to restructure your family in your Maryland divorce? There is so much negative talk around divorce and separation. We’re all guilty of it. But sometimes divorce is the only option to find your way to a better life and sometimes divorce is not your choice, but a reality you must accept.…
Read MoreWhat is a Limited Divorce?
What is a limited divorce? There are two types of divorce in Maryland: a limited divorce (a divorce a mensa et throro) and an absolute divorce (a divorce a vincula matrimonii). As the name suggests, an absolute divorce completely terminates the marriage and entitles either of the parties, or both, to remarry. On the other hand, a…
Read MoreWhat Is A Corroborating Witness in Uncontested Divorce Proceedings? And Why Do I Need One
When spouses decide to separate and have no issues of dispute between them, they will seek an uncontested divorce. An uncontested divorce is usually filed on one-year separation grounds. Even in these situations, the plaintiff must still prove that grounds for divorce exist.
Read MoreBut They’re Crazy! When You’re Worried About Protecting (Yourself and) The Kids
We often deal with people who are in crisis during their Maryland divorce – sometimes because they are being left, sometimes because they are dealing with a spouse or co-parent that is “crazy.” Unpacking what “crazy” means is tricky. In the throes of divorcing or of a potential custody conflict , once mild behavior can…
Read MoreHow Do I Get This Divorce Started? And Why Does It Take So Long?
Getting your Maryland divorce started and finished is not always easy. First, the complaint for divorce has to be drafted and signed by you, the party moving for divorce. Once the complaint for divorce is filed, the clerk of the court will issue what is known as a writ of summons. A writ of summons is…
Read MoreCollaborative Divorce: An Option for Parents of Special Needs Children
There is a lot to be said about a collaborative divorce for any divorcing couple. But as the parent of a special needs child, I can attest that when you are facing a long road of doctor appointments and IEP meetings, you might find that the collaborative process offers you what you need. And I…
Read MoreWhat In Tarnation is Discovery?
During the litigation process (if you go that route), you will eventually have to deal with “discovery.” The discovery process can include written interrogatories (questions that you have to answer in writing and under oath), requests for production of documents (which require you to put together documents for review by your spouse’s attorney – even ones…
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