Case Summaries

Arbitration Clauses in Marital Settlement Agreements and When You Can (and Cannot) Get an Arbitrator’s Ruling Reversed

October 10, 2025 | by Anthony A. Fatemi, LLC

When you and your spouse decide to end your marriage, it is often best to resolve as many issues as possible (if not all) between the two of you. Settling your divorce issues by agreement rather than litigation is often less stressful, faster, and less antagonistic. Nevertheless, you should understand that the things you put into a mutual agreement — once a judge signs off on it — are just as binding as a litigated judgment. For this reason and more, it is wise to have an experienced Maryland divorce lawyer by your side throughout the process to help ensure you understand what your agreement calls for and that it reflects the outcome you want.

A recent alimony dispute illustrates the importance of understanding a settlement agreement and being bound by its terms.

R.M. and S.M. were a couple who married in 1983, separated in 2017, and divorced in 2021. As part of the process, the couple worked out a settlement agreement. The agreement had several common elements, such as a provision about the division of property. (The wife, for example, got the marital home in Maryland and the condo in Colorado.)

The Significance of Conditional Terms in Maryland Separation and Property Settlement Agreements

August 11, 2025 | by Anthony A. Fatemi, LLC

In divorce cases, details matter. Sometimes, seemingly minor details may matter a great deal. These details may be factual matters or they may be matters of law. A recent Maryland Supreme Court ruling highlights that point in a case centering around the validity of a marital settlement agreement. Whatever nuances your divorce case presents, you can best protect yourself by retaining an experienced Maryland divorce lawyer to represent you.

The spouses in the Supreme Court case, T.P. and D.P., each filed for absolute divorce in 2019. On Friday, September 25, 2020, the wife’s attorney sent the husband’s attorney a package containing a Separation and Property Settlement Agreement, which the wife had already signed. The package’s cover letter stated, among other things, that the agreement was conditional upon the husband signing that same day.

The husband indicated a willingness to sign, but stated that he could not do so until the next business day. Ultimately, the husband did sign the agreement on the following Monday (the next business day).

What are ‘Crawford Credits’ and When Might They Impact My Maryland Divorce?

May 16, 2025 | by Anthony A. Fatemi, LLC

For many married couples, the largest single asset they possess is their marital home. When divorce arises, dealing with the marital home is often the most significant issue other than child-related matters. Even as you both navigate the divorce process, someone must pay the mortgage, property taxes, etc. Accounting for these expenses when it is time to divide assets can be crucial. To ensure you leave your marriage with a fair asset distribution, make sure you are not tackling the divorce process alone, but instead have representation from a knowledgeable Maryland divorce lawyer.

A recent divorce case from Howard County illustrates how thorny these matters can be. A husband responsible for paying the mortgage on the marital home, but did not receive something called “Crawford credits” based on those mortgage payments, took his case to the Appellate Court, but lost. Ultimately, he was unsuccessful because the law carved out several exceptions, one of which applied in his case.

To understand more fully why the court ruled against the husband, it helps to understand what Crawford credits are. These credits, which take their name from the 1982 Maryland Supreme Court case of Crawford v. Crawford, are a divorce law concept that impacts equitable distribution when a couple owns one or more pieces of real estate.

The Legal Rules Surrounding ‘Conflicts of Interest’ and the Process of Selecting an Attorney to Handle Your Maryland Divorce

April 30, 2025 | by Anthony A. Fatemi, LLC

A divorce case involves many steps and numerous decisions. One of those choices is selecting the right Maryland divorce lawyer. This decision may become particularly complicated if your spouse seeks to exclude your preferred attorney. The good news is that, in most situations, the rules regarding these “conflicts of interest” will not require you to replace your preferred legal counsel.

A recent case from Anne Arundel County illustrates just how far the rules regarding conflicts of interest do—and do not—extend.

In 2022, an Annapolis wife filed for divorce. Three years earlier, she and her husband had sued their neighbors and a property developer over stormwater runoff that allegedly damaged the couple’s property. The couple hired a local attorney who represented them in the property damage case.

Identifying Tactics that are Doomed to Fail When Used in Your Maryland Divorce Case

April 16, 2025 | by Anthony A. Fatemi, LLC

There is a time for debating and discussing one’s novel beliefs or opinions… and that time is not while attempting to litigate your divorce case. This is one area, among many, where having an experienced Maryland divorce lawyer represent you can be extremely helpful. Your knowledgeable attorney can save you from making the sort of mistakes that, no matter how important, useful, or valuable they may seem to you, are doomed to fail with the court and make you look unserious in the process.

In 2022, spouses H.M. and V.M. negotiated a Marital Settlement Agreement, which a Prince George’s County trial court approved and incorporated into the couple’s 2023 judgment of absolute divorce. One of the agreement’s clauses stated that the ex-spouses would sell the residence after their minor child graduated from high school, splitting any profits generated by the transaction.

After the child graduated in June 2023, the ex-wife was reluctant to sell the home. The ex-husband eventually returned to court to request that the judge appoint a trustee to oversee the sale of the house. The trial court ruled in favor of the husband. The wife took several post-judgment steps, but they were unsuccessful. The reasons for her lack of success are our focus today.

Dividing Credit Card Debts in a Maryland Divorce — Including Cards Titled in One Spouse’s Name Alone

February 28, 2025 | by Anthony A. Fatemi, LLC

One of the most important aspects of any divorce is the division of marital assets and debts. A crucial part of that process is separating marital from non-marital. Sometimes, it is as easy as looking at how an asset or debt account is titled, but in Maryland, that is far from the only relevant factor. Given the importance of fair distribution of debts and wealth, having a knowledgeable Maryland divorce lawyer on your side can be critical to success.

According to the Federal Reserve in New York City, Americans’ collective credit card debt has cleared the $1.2 trillion mark, shattering all previous records in that area. Credit card debt can be a substantial part of married couples’ lives, making it a significant piece of the divorce puzzle when those marriages end.

Such was the case for one Upper Marlboro couple who recently came before the Appellate Court of Maryland.

Maryland’s Law of Contempt of Court… as Applied in a Contentious Caroline County Divorce

December 10, 2024 | by Anthony A. Fatemi, LLC

Ideally, all divorces would proceed maturely, respectfully, and collaboratively for the benefit of both spouses (and their children, if any.) Reality tells us that divorces often fall short of this ideal. Divorces bring out strong emotions, and intense emotions sometimes lead spouses to engage in misconduct. When your spouse has done so, one option may be to pursue a finding of contempt of court. Because Maryland law recognizes many types of contempt, it is wise to consult an experienced Maryland divorce lawyer to advise you about pursuing a contempt case.

Earlier this month, the Appellate Court again waded into the contentious divorce of G.S. and T.S. from Caroline County, a dispute that raised many contempt-related issues.

In 2022, the couple worked out a divorce settlement agreement that they placed “on the record” in court during the second day of their divorce trial. The agreement covered terms related to child custody and parenting time and also directed the husband to pay the wife a monetary award of $100,000.

The Deadlines You Face if You Want to Challenge Your Maryland Divorce Judgment

November 8, 2024 | by Anthony A. Fatemi, LLC

Quality legal representation can help your divorce in many ways. The right legal team can be instrumental in requesting and amassing the evidence you need and crafting that proof into a compelling case for the relief you seek. One additional big way a skilled attorney can help is by navigating the rules of procedure. These rules may seem obtuse, opaque, or beyond comprehension to a layperson, but their requirements nevertheless are mandatory and noncompliance can have catastrophic consequences for your case. A skilled Maryland divorce lawyer, however, will be steeped in these requirements and know how to carry your matter forward without being tripped up by the rules.

A divorce litigation matter from Baltimore County shows how badly your case can go wrong if you fail to do what the rules demand.

The wife, a Baltimore-area realtor and accountant, hired an attorney who filed a petition for divorce on her behalf. The husband wisely retained counsel, who filed an answer. Aided by their attorneys, the couple worked out a consent agreement. The agreement stated that the wife got 30% of the husband’s pension.

Maryland Judgments of Absolute Divorce Based on Separations of 12 Months or More

April 30, 2024 | by Anthony A. Fatemi, LLC

When decide it’s time for a divorce, you hope that the process will be as amicable as possible. At a minimum, you hope that your spouse will acknowledge that your marriage is, indeed, over, even if they choose to contest issues in the divorce vigorously. Sometimes, though, your spouse may attempt to derail the process by contending that you’re not entitled to a judgment of divorce at all. Whatever kind of pushback you receive from your spouse, an experienced Maryland divorce lawyer can help you navigate and complete the process as efficiently and painlessly as possible.

A recent Baltimore County divorce case provides a practical example of what you do (and don’t) have to demonstrate to the court to be eligible for a judgment of absolute divorce based on separation.

The wife filed for divorce in June 2022, listing a one-year separation as her basis for the divorce. According to the wife, the couple separated nine years earlier but the husband periodically stayed “over [at the wife’s house] on Christmas Eve and New Year’s Eve.” Allegedly, the last of these overnights occurred on New Year’s Eve 2020.

What Happens to an Inherited Property Used as Collateral on a Loan Taken Out During a Couple’s Marriage?

February 26, 2024 | by Anthony A. Fatemi, LLC

“Yours, Mine and Ours” is a 1968 film about a very large blended family. “Yours, mine, and ours” could also refer to the analysis that must be done for equitable distribution in a divorce. Arriving at a truly equitable distribution requires accurately determining which assets are “yours,” which are “mine,” which are “ours,” and which are a combination of the above. This can be a complex and intricate process and is one where an experienced Maryland divorce lawyer can render invaluable aid toward protecting your interests.

One type of asset that can often be the center of a marital-versus-non-marital classification dispute is real property. That was the case with one Anne Arundel County couple and a million-dollar Annapolis residence that the husband inherited.

During the marriage, the couple jointly purchased investment properties in Bowie. To secure the funding needed for the purchase, the husband put up as collateral the inherited property. The couple eventually sold the Bowie properties and repaid the loans in full. To repay those loans, the couple used both proceeds from selling one of the Bowie properties and marital funds.