Articles Posted in Division of Property

Divorce can be a challenging time. A spouse may not be ready to accept the consequences of divorce, including the need to let go, whether of a relationship or of other marital assets, such as a residence. Spouses should be aware that, when they are subject to court orders, failure to comply with the court’s instructions may result in a finding of contempt of court. One of the best ways to protect yourself is to retain and rely upon a skilled Maryland divorce lawyer throughout the process.

A Montgomery County divorce from 2023 makes for a clear example of what can happen when a spouse fails to do what he agreed to do or what a judge ordered him to do.

In May 2023, the Circuit Court granted M.S. an absolute divorce from her husband, K.S. The court said that the husband could use the couple’s marital home temporarily and also gave the husband an option to buy out the wife’s interest in the house for “one-half of the appraised value, less the amount due on the mortgage.”

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Going through the divorce process is almost always a stressful time, and one of those stressful periods can be the time spent waiting for a trial court to issue its judgment. As a recent divorce case from Montgomery County illustrates, while a prolonged delay in issuing a divorce judgment may be exasperating, it is not, by itself, proof that the trial judge was unreasonable or the basis for reversal. As with any divorce-related issue or concern, you should get knowledgeable answers by speaking to an experienced Maryland family lawyer.

The spouses in the case, C.D. and T.V., married in 1999. The wife filed for divorce in August 2020, and the couple appeared before the circuit court for a trial in mid-July 2023. On June 7, 2024, the trial judge issued a written “Divorce, Child Support, and Marital Property Opinion.” In that opinion, the wife was successful in many ways. The trial court denied the husband’s request for a monetary award, ordered the husband to transfer his rights to the family home in Potomac to the wife, and also denied the husband’s request that he receive half of the wife’s retirement accounts.

The husband appealed. In his appeal, he challenged not only the outcomes reached by the trial court but also argued that a delay of almost 11 months in issuing the order was clearly unreasonable and required overturning the judge’s ruling.

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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.)

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When you divorce after many decades of marriage, you may have numerous assets to divide. There may be houses, cars, 401(k)s, and more. This process, if contested in court, may involve presenting arguments regarding marital versus non-marital property, commingled assets, and monetary awards. To ensure you walk away from your divorce with a fair outcome, you owe it to yourself to go into your divorce hearing properly armed, which includes having an experienced Maryland divorce lawyer represent you.

The divorce case of a Talbot County couple illustrates this reality.

Richard and Laura married in 1993, then eventually divorced in 2022. The couple successfully worked together to settle several divorce issues, including the sale of their business and the disposal of the marital home.

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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.

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Today, Millenials, members of “Gen Z,” and many others live much of their lives online. For some influencers and celebrities, it seems that if it did not happen on Instagram (or another social media platform,) it did not happen at all. However, the ever-presence of social media can be a problem when you are going through a divorce. The potential pitfalls are numerous and varied, but by finding and retaining a skilled Maryland divorce lawyer, you can sidestep these possible hazards that otherwise could harm your divorce case.

A recent celebrity divorce case provides a practical example. Teyana Taylor is a singer-songwriter who married Iman Shumpert, a professional basketball player, in 2016. The couple divorced in 2024. After the divorce was finalized, though, the ex-husband allegedly posted a series of documents and reports to Instagram. The Instagram information appeared to show the ex-wife getting a substantial amount in the divorce, including four pieces of real estate worth more than $10 million, a seven-figure cash sum, a $300,000 Maybach vehicle, a $70,000 Mercedes-Benz Sprinter, and a tour bus.

The “leaked” documents created a stir on social media, with many users calling the ex-wife a “gold digger.” The ex-wife fought back this month, filing a request with the court to hold the ex-husband in contempt of court. According to Taylor, Shumpert’s social media disclosure included false reports and court documents that were sealed by the judge. The ex-wife’s legal team asked the judge to impose maximum fines and a 20-day jail stint as punishment for leaking the sealed information.

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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.

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Divorce is often an extremely painful time. Different individuals respond to the trauma of divorce in various ways — some more constructive than others. One way of responding to your spouse’s decision to end your marriage that is never helpful is to ignore it (or ignore aspects of the legal case that require you to respond.) Failing to participate in your divorce case can only serve to harm you, including in terms of substantial economic losses. Rather than hiding away from your divorce and your divorce case, seek out an experienced Maryland divorce lawyer instead.

A recent divorce case in Annapolis offers many pointers about what not to do when your spouse initiates divorce proceedings.

The divorce involved a young couple with one child. The husband was in the Navy, while the wife worked as a proposal analyst for a software company. During the litigation, the wife did not comply with multiple “reasonable discovery requests” the husband made. The wife “simply ignored them and/or didn’t respond, and/or didn’t update any discovery responses she did make,” according to the trial court.

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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.

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One does not necessarily expect to unearth beneficial knowledge about the law from the latest celebrity gossip news regarding “reality” television stars. Perhaps there really is a time for everything, as the latest reports about the divorce involving one “Real Housewives” star show offer some valuable clues about what – and what not – to do as you navigate the process of prenuptial agreements, postnuptial agreements, and divorce. One thing that is always a good idea is to contact a knowledgeable Maryland divorce lawyer whenever you have questions.

Ashley Darby, a native of Sandy Spring, Maryland, and one of the featured spouses on “Real Housewives of the Potomac,” filed for divorce from her husband, Michael Darby, earlier this month, according to TMZ. The couple separated in April 2022. The husband told TMZ that the spouses had worked out a mutually agreeable marital settlement agreement, guided in part by the couple’s prenuptial agreement.

According to other sources, including Yahoo! Entertainment News, the couple had multiple agreements.

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