As family law attorneys, we see the good, the bad, and the ugly when it comes to divorce litigation. One unfortunate scenario that occurs regrettably often is a spouse who receives divorce papers from his/her spouse but decides to proceed with the divorce without legal counsel. This choice can have…
Articles Posted in Equitable Distribution
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…
‘…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…
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…
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…
How Avoiding Procedural ‘Missteps’ Can Be Critical to Success in Your Maryland Divorce Litigation
In a very recent case opinion announced by the Court of Special Appeals, the court wrote that “[s]ometimes one misstep early in a case can have repercussion for the rest of the case.” Those kinds of damaging missteps can include, among other things, failing to comply with all the pretrial…
‘Commingling’ Assets and Its Impact on the Distribution of Property in a Maryland Divorce
People are waiting longer to get married. Statistics show that the average age of Maryland men marrying for the first time is roughly 30 and, for Maryland women, 29. That means that, whether you’re talking about a first marriage or a subsequent marriage, the odds are greater than ever that…
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…
How a Non-Marital Asset May Become (At Least Partially) Marital in Nature and Subject to Equitable Distribution in Maryland
Marriages, especially those entered into by spouses with pre-established careers, can lead to complex divorces when they break down. These kinds of divorces arise when a spouse entered the marriage with substantial non-marital assets, but then also continued to grow their wealth during the course of the marriage. When a…
What You Need When Your Spouse Has Accused You of ‘Dissipation of Assets’ in Your Maryland Divorce
In music and other popular media, there is the stereotype of the deceitful spouse who, during the pendency of the couple’s divorce, empties the couple’s bank accounts and absconds with the funds. That stereotype exists because that sort of malfeasance does happen sometimes. If it has happened to you, or…