Across Maryland, countless families are impacted by domestic abuse. Whether suffering from emotional, verbal, or sexual abuse, the effects on the family can be dire. In divorce and child custody cases, allegations of these behaviors can have a significant influence on the legal proceedings. If you or your children are in this situation, you must understand your rights and seek proper legal guidance. Here we’re going to discuss how a domestic violence lawyer can help survivors through the legal complexities, safeguard their rights, and protect the well-being of survivors and their children.&nb ..read more

In a usual divorce case, in addition to deciding issues of custody of children and support of children or a party, parties routinely divide the property that they acquired during the marriage.  An agreement made by the parties provides them with the most flexibility possible. Property can be divided by the parties in any manner that they think is fair and reasonable. If parties are unable to make an agreement, then they submit the issue of division of property to a court.  However, because of the laws regarding the division of marital property, a court is much more limited in what i ..read more

Currently, the law in Maryland permits a court to order a person who is subject to a protective order to surrender to law enforcement any firearms in his or her possession, and to refrain from possession of any firearm for the duration of the protective order.  Violation of a protective order may result in criminal prosecution or imprisonment.  On June 30, 2023, the Supreme Court of America decided to hear a case next term that will address the question of whether a law that prohibits a domestic abuser from keeping a gun violates the Second Amendment. The question arises from a case ..read more

Alimony is a payment of money from one spouse/former spouse for the support of the other spouse/former spouse. In this post, we’ll discuss what it encompasses in the state of Maryland. How is Alimony Awarded in Maryland?  In the state of Maryland, there are multiple forms of alimony including: Alimony pendente lite—Pendente Lite is a Latin phrase that means “pending litigation.” This form is paid while a divorce case is pending. Its purpose is to maintain the status quo (keep things the way they are). The amount paid depends on the reasonable needs of the person seeking alimony (income ..read more

The question of whether to separate from a spouse is one of the most difficult decisions that someone about to go through a divorce faces. There may be thoughts of “not wanting to throw in the towel,” feelings of shame, or conflicts with religious beliefs as reasons for not wanting to separate. Then, there are concerns about “how am I going to support myself,” “where will I live,” or “what effect will this have on the children” that have to be addressed before the decision to separate is made. Once the decision to separate is made, the process of separation begins. What Constitutes a “Legal S ..read more

Going through a divorce can be difficult as each party tries to move on with his or her life. In addition to determining where each person is going to live, the parties may have to determine where the children are going to live, how each party is going to financially support the children or each other, and how the parties are going to divide the property that they acquired during the marriage, which is referred to as  Marital Property. How do parties decipher what is considered marital and non-marital property? What is Marital Property in Maryland? Marital Property is any property acquir ..read more

  Child custody is the determination that parents make, or a court if the parents can’t agree, regarding the following: 1) where the child(ren) will reside (which parent the child(ren) live(s) with); 2) the access schedule with the other parent (formerly called visitation); and 3) which parent makes decisions regarding the child(ren). There are two types of custody—1) physical custody, also known as residential custody (physical custody determines the time that each parent spends with the child[ren]), and 2) legal custody, also known as legal decision making (legal custody determines how ..read more

Ending a marriage is difficult. There is an emotional toll on top of the complexity of deciding who will keep certain items that have accumulated over the years. Calculating and dividing retirement assets adds to that complexity. For many, it can be the most significant part of their entire nest egg, especially when fully funded for years. That’s why it is critical to understand 401(k) and IRA accounts as marital property and what dividing them may mean. Asset Division in the Court System When it comes to valuable items titled in the names of both spouses, such as retirement accounts or prope ..read more

When a marriage ends, caring for the offspring becomes more complex. Maryland has distinct guidelines in the ways payment between guardians is calculated as well as how it is enforced. How It’s Calculated When determining an amount, a court considers the income of each person, the number of overnights the children spend per party, care expenses incurred due to employment or job search, the cost of health insurance, and any extraordinary medical expenses not covered. A court may also consider the cost of attending private school. If one parent is responsible for 273 or more overnights per year ..read more

Litigating Instead of Making an Agreement Divorce, including custody and property issues, is an emotional and sometimes costly experience. Coming to an agreement with your spouse has plenty of benefits over litigating: Making an agreement lets you and your spouse or significant other control the outcome of your case instead of letting a judge, who does not know you or your family and who has limited time to hear your evidence, make the decision instead.  Making an agreement is less costly, both financially and emotionally.  Making an agreement is a way to minimize the impact that a ..read more