Back in the 1990s, a famous politician once responded to a question under oath by noting that “it depends on what the meaning of ‘is’ is.” While that answer might be puzzling to some, the reality is that, in the law, sometimes outcomes hinge upon small phrases or even single words, and the very precise definition of those terms. The outcome of a Florida case not too long ago hinged upon what the definition of a “sale” was. Recently, here in Maryland, the outcome of one ex-wife’s case alleging her ex-husband violated the couple’s marital settlement agreement rested squarely upon two things: whether a thing qualified as an “asset” and whether that asset had an established, non-speculative value. All of these very nuanced details had the potential to have major consequences, and they highlight why it is so important to have skilled Maryland divorce counsel on your side.
The couple, R.G. and S.G., began divorce proceedings in 2012 after 25 years of marriage. Seven months after the wife filed her divorce petition, the husband had a dream. That dream was the origin of a groundbreaking invention – a flossing toothbrush. The husband consulted one of his former patients, a businessman, about the invention, but he did not consult a patent attorney right away. Allegedly, the husband was trying to avoid leaving a “trail” that could provide the wife with an opportunity to claim the invention as a marital asset.
The couple entered into a mediated marital settlement agreement on Nov. 18, 2013. Sixteen days later, the husband contacted a patent attorney. In late January 2014, the divorce became final. A week later, the husband filed a provisional patent application for his toothbrush invention. The following November, the wife brought the husband back into court, asserting that he violated the settlement agreement when he failed to disclose the idea for the invention. Specifically, the wife alleged that the husband violated the “Disclosure” paragraph, which required that each spouse disclose all of the assets in the litigation. An improper non-disclosure, according to the agreement, meant that the injured spouse would receive 50% of the value of the undisclosed asset.
Without question, maintaining a vibrant relationship with your child can be challenging if your child resides most of the time with her other parent and you live thousands of miles away. If, however you get the opportunity to relocate closer to the child, you may desire to take that opportunity to have a larger role in the child’s life and spend more time with her. When experiencing a situation like this, you still have to go to court and secure a modification of visitation, which means you still have to demonstrate a sufficient change of circumstances to the judge. This is a substantial requirement that requires careful knowledge of the law. To make sure you get the change you need to enhance your relationship with your child, consult an experienced Maryland family law attorney.
Maryland law recognizes two different types of alimony. Rehabilitative alimony is alimony that is paid (or received) for a fixed and finite period of time. Indefinite alimony is, as the name suggests, something that does not have a specified end date. While Maryland law generally disfavors indefinite alimony, there are certain situations in which indefinite alimony is proper. The key is to understand which type of alimony the facts of your case point toward. An experienced Maryland family law attorney can help you to determine which type of alimony you are entitled to.
Every parent has her or his own specific notion of the experiences that she or he considers to be integral to her or his child’s formative years. This may include discipline-building activities like participating in team sports. It may mean cultural activities like music or dance. It could mean spiritual opportunities like church camp. While a parent might consider any one (or more) of these essential to a child’s development, the law sees them differently when it comes to paying for these activities and determining a parent’s child support obligation. As a non-custodial parent, one of the keys to maintaining a full and vibrant relationship with your child is making sure that you are not financially overburdened by paying a child support obligation greater than what the law really says it should be. By working with knowledgeable Maryland child support counsel, you can give yourself a better chance of achieving a fair outcome in accordance with what the law dictates.
Today, people’s lives are more portable than ever. For most people, gone are the days when you would grow up, get married, and raise children in one area, coupled with a spouse doing the same. This new reality can be especially true for professionals working in specialized fields. The increase in the geographic portability of people’s lives and careers can play a major role when your spouse and you divorce, and child custody is an issue. Whether you are the parent seeking to relocate with the child, or you are the parent opposing relocation, you have certain rights under the law, so it is extremely important to have a knowledgeable Maryland child custody attorney on your side to protect your relationship with your child.
Resolving family law disputes by agreement can often be a useful and beneficial means of arriving at an outcome. For some parents, resolution by agreement gives them a greater sense of control and makes the outcome more lasting. Even if you intend to try to resolve your family law dispute through agreement, it is worthwhile to have legal representation by an experienced Maryland child custody attorney. Your legal counsel can help make sure any agreement you sign adequately protects your relationship with your child, and they can also assist you if litigation is necessary at a future date.
For some divorcing couples, financial matters may be the key issues in dispute. These can include many things, such as the division of assets and alimony. Some cases may also involve a request that one spouse pay the other spouse’s attorney’s fees. When resolving these disputes, there are certain procedural requirements. If those requirements are not followed, you may be able to use that failure to get the trial court’s order reversed. Family law cases, just like other civil cases, can involve the use of technical legal arguments to achieve the outcome you need, which is why it is helpful to have a knowledgeable Maryland divorce attorney on your side.
Distributing marital property can be one of the most complex elements of any divorce, especially one in which minor children are not involved. Sometimes, in order to achieve a genuinely equitable outcome, it may be necessary for a trial judge to order one spouse to make a monetary payment to the other. There are certain rules that govern monetary awards, though, and if they are not followed, the spouse ordered to pay may be entitled to get the order thrown out. All of these concepts and litigation strategies highlight how having an experienced Maryland property division attorney can provide a substantial benefit to you in your divorce case.
There is the saying that “timing is everything.” While timing may not be everything in your family law case, it certainly is an important thing and can be a “make or break” thing in some cases. Making sure that all of the necessary documents are filed within the required time period is one area in which an experienced family law attorney’s detailed knowledge of the law can pay dividends and allow you to avoid the traps that can defeat your case.