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Articles Posted in Division of Property

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Litigating Pet Possession in Maryland: Lessons from a Frederick County Divorce

Most dog owners consider their dogs family members, not mere property like appliances, furniture, or cars. However, in Maryland, that is how the courts will address pets in a divorce case. To get an outcome that will enhance your pet’s best interests, you must understand how Maryland law sees pets…

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Equity and Judicial Discretion in Maryland Divorce Cases

A lot of people, when they hear the phrase “equitable” in connection with a divorce case, immediately think “50-50.” That’s not necessarily true. The law actually gives trial courts broad discretion in deciding what is (or is not) equitable, whether that means distributing assets and/or debt obligations evenly or ordering…

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How Maryland Law Addresses Unconscionability Arguments in Prenuptial Agreement Enforcement Cases

Prenuptial agreements and postnuptial agreements can be traps for the unwary. Signing an agreement with unfavorable terms can — absent a court judgment invalidating the contract — cost you greatly. (In one recent Maryland case, it cost the husband $7 million.) Before you sign, make sure you understand exactly what…

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How Failing to Meet Your Discovery Disclosure Obligations Can Greatly Damage Your Maryland Divorce Case

While divorce trials are matters where the focus falls heavily on the facts in evidence, Maryland still has numerous procedural rules that govern. A spouse’s failure to comply with them can have a very harmful impact on that spouse’s ability to litigate her case before the court. Procedural issues are…

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Part of My Prenuptial Agreement is Unenforceable Under Maryland Law. Now What?

In Maryland, and across the United States, we have “freedom of contract.” This means that you and another party (or parties) mostly can customize the terms of your agreements however you want without governmental interference. That freedom extends to prenuptial agreements, but it is not without limits. Certain subject matters…

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How Your Spouse’s Marital Misconduct May Impact Your Monetary Award in a Maryland Divorce, Even If Yours is Not an Adultery Case

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…

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Adulterous Affairs, Dissipation of Marital Assets, and Equitable Distribution in a Maryland Divorce

One of the more painful experiences a spouse can endure is to devote years — or even decades — to a marriage only to discover that your spouse has not been as faithful to you as you’ve been to them. While heartbreaking and sometimes infuriating, your spouse’s infidelity won’t always…

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Know Before You Go to Sign: The Importance of Getting Legal Advice Before Signing an Agreement Relinquishing Your Right to a Marital Asset

In this blog, we’ve discussed in the past the importance of consulting a knowledgeable Maryland divorce lawyer before you sign documents like prenuptial agreements, post-nuptial agreements, and marital settlement agreements, which can alter your ownership rights in various marital and/or non-marital assets. As a recent divorce case from Prince George’s…

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The Value of a Good Legal Advocate in Your Maryland Divorce: It Goes Further Than You Might Think

A knowledgeable Maryland divorce lawyer can help your case in countless ways. Sometimes, those ways involve in-depth knowledge of the law or the effective use of the pre-trial discovery processes to get key evidence. Other times, a skilled divorce lawyer can help by managing a client’s expectations and giving them…

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Dealing With Your Spouse’s Family Business in Your Maryland Divorce

Family-owned businesses are a staple of the American commercial landscape. Many of these businesses are passed down across multiple generations. Sometimes, though, the family business in question is your spouse’s, not yours. When that happens and you’re divorcing, some or all of that business may be a marital asset subject…

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