5 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…
Read MoreAre Second-Parent Adoptions Still Important for Same-Sex Couples In Maryland?
In light of the ever-changing legal landscape for same-sex couples, are second-parent adoptions still important in Maryland? As of January 1, 2013, the right to marry has been extended to same-sex couples in Maryland. Pursuant to Maryland law, a child born or conceived during a marriage is presumed to be the legitimate child of both…
Read MoreNew Domestic Violence Laws Take Effect In Maryland On Wednesday, October 1, 2014
On October 1, 2014, new domestic violence laws take effect in Maryland. For our clients, the most significant change is to the Domestic Violence burden of proof which has been lowered to a preponderance of the evidence.
Read MorePet Custody in Maryland Divorce
Pets and divorce can be a very emotional area of your separation. Many divorce settlements result in both parties sharing “custody” of their pets in common. Although not technically a recognized legal concept, as soon as the parties’ agreement becomes an order of the Court, it becomes enforceable. If you are considering a shared parenting plan…
Read MoreDivorce Mistakes to Avoid
Divorce mistakes can be costly in the high stakes of divorce and separation. Here are a few mistakes to avoid as you move through your Maryland divorce: Don’t Predict You Are Going To Win It All Don’t brag to anyone, especially the spouse from whom you are separated. Boasting usually escalates conflict, which inevitably increases your…
Read MoreUpcoming Changes In Maryland Domestic Violence Laws
Maryland domestic violence laws are changing. Earlier this year, Governor O’Malley signed into law several changes to Maryland’s protective order statutes, which are set to go into effect on October 1, 2014. Perhaps the biggest change is the lowering of the burden of proof for final protective and peace orders from “clear and convincing evidence,”…
Read MoreSame-sex Marriage Licenses in Virginia are put on Hold after SCOTUS Issues Stay
What is the status of same-sex marriage licenses in Virginia? On August 20, 2014, the Supreme Court issued a stay on a ruling striking down Virginia’s ban on gay marriages by the U.S. Court of Appeals for the 4th Circuit. The 4th Circuit’s 2-1 decision would have paved the way for Virginia same-sex marriages to…
Read MoreMaryland Employees Who are Same-Sex Domestic Partners May Need To Marry To Continue Benefit Coverage
Do Maryland employees get coverage for same-sex benefits? The topography of same-sex marriage recognition and availability is constantly changing. Employees of the State of Maryland who receive or extend benefits to their domestic partners, may need to consider marriage in 2014 if they want to keep those benefits in place. The Benefits manual now provides,…
Read MoreWhat Are Marital Settlement Agreements?
UPDATED June 2021 Marital settlement agreements, or MSAs, can be a great way to resolve issues that are in dispute in a divorce proceeding. A marital settlement agreement is, in essence, a contract between spouses outlining the terms for terminating their marriage. When a judge issues an order of divorce, the marital settlement agreement is…
Read More