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Articles Posted in Divorce

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Major Changes in the Grounds for a Obtaining Maryland Divorce Take Effect October 1

Back in February, this blog discussed a bill in the General Assembly that would create “no-fault” divorce in this state. That bill passed and, as WUSA reminded its audience today, Maryland’s new no-fault divorce law takes effect tomorrow, October 1. The new law represents an important shift in divorce law…

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What to Do When You’re Living in Maryland and You Need to Enforce the Divorce You Got Outside the United States

According to the U.S. Census Bureau, more than 30% of all Montgomery County residents were born somewhere outside the United States. That means thousands of people living in Maryland may have married somewhere other than the U.S. and may have even divorced outside this country. If you’re living in this…

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‘…And the Dog, Too’: Dealing with Pets as Part of a Maryland Divorce

Americans’ attitudes toward pets have changed over the last several decades. Today, many pet owners call themselves “pet parents” and their pets “fur babies.” While these relationships have evolved, animal law has been slow to follow suit. This can present some unique challenges when a married couple who shares a…

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Determining Marital Versus Non-Marital Portions of a Home Purchased With a Marital Mortgage But a Non-Marital Down Payment

In elementary school math class, students begin learning about the “order of operations.” This concept governs the sequence in which to complete various mathematical operations in pursuit of the correct solution. In divorce law, we have something similar. Maryland divorce law lays out a specific sequence of mathematical steps to…

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Baseball, Woody Allen, and an Absentee Spouse: Lessons from the Maryland Appellate Court in a Recent Potomac Divorce

Divorce cases are often highly fact-intensive contests. That means that much of the outcome of your case will rest on the trial judge’s exercise of his/her discretion. Overturning a trial court decision based on a judge’s exercise of discretion is often highly difficult, which is why, if you are embarking…

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Rehabilitative Versus Indefinite Alimony and the Concept of ‘Unconscionable Disparity’ in Maryland

One of the essential components of many divorce actions is contesting alimony. The differences between temporary alimony versus rehabilitative alimony versus indefinite alimony can be enormous, having a massive impact on both the recipient spouse and the supporting spouse. If you’re facing a dispute over alimony in your divorce case,…

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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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The High Hurdle Involved in Overturning a Divorce Judgment in Maryland

Recently, a Montgomery County husband sought to defeat via appeal a divorce judgment that gave his wife a monetary award of more than $20,000 and three years of rehabilitative alimony. The wife’s success in the divorce trial — and the husband’s unsuccessful appeal thereafter — is yet another reminder of…

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Default Judgments: One of the Many Potential Risks You Face by Handling Your Maryland Divorce Case Without a Lawyer

People who try to litigate their divorce actions without the aid of a knowledgeable Maryland divorce lawyer can fall victim to many potential pitfalls. A recent case originating in Baltimore County, while not a divorce action, nevertheless contains some very valuable lessons for people considering litigating a divorce without counsel.…

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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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