Category Archives: Family Law
What Factors Matter Most When Dividing Marital Assets And Debts In Maryland?
When you get married, your marital estate begins accruing assets and debts. Any asset or debt established during the marriage is considered a part of the marital estate, unless it was a gift or inheritance. When you initiate a divorce, the marital estate stops accruing debts and assets. During a divorce, you will split… Read More »
Do I Need The Court’s Permission To Relocate With A Child?
If you have a custody agreement with a former spouse who would be impacted by your move, then you need either the spouse’s or the court’s permission to move with the child. During the hearing, you would have to argue that moving is in the child’s best interests. One Maryland court case in which… Read More »
When Might The Maryland Courts Void A Prenuptial Agreement?
Several circumstances can force the Maryland courts to void a prenuptial agreement. Voiding means that the agreement is unenforceable. Maryland doesn’t have a specific statute that governs prenuptial agreements. Their validity is determined under the broad principles of contract law and the Maryland Code, Family Law § 8-101, et seq. Prenuptial agreements can be… Read More »
What Is Discovery In A Maryland Divorce?
Discovery in a Maryland divorce refers to the point at which information is exchanged between the two parties so that each side can understand the other’s position. The discovery process is meant to ensure both spouses are fully informed concerning the other’s financial matters and other relevant issues so that a fair settlement can… Read More »
Maryland Residence Requirements For Filing A Divorce
If you’re considering divorcing your spouse, you may wonder what the State of Maryland requires from those filing divorce petitions. Although Maryland is a no-fault divorce state, which means that you do not need to prove anyone was at fault for the breakdown of the marriage, there are still a number of legal criteria… Read More »
Is The Appreciation Of Separate Property Considered A Marital Asset?
This is one of the more complicated concepts in family law. When a married couple gets divorced in Maryland, all of their property is classified as either separate property (it belongs to one of the spouses) or marital property (it will be divided between the spouses). However, the value that certain property accrues during… Read More »
Several Compelling Reasons To Consider A Postnuptial Agreement
A postnuptial agreement is very similar to a prenuptial agreement. The only major difference is when the agreement is signed. A prenuptial agreement is signed before your marriage whereas a postnuptial agreement is signed after you are married. While preparing for divorce doesn’t necessarily seem romantic on its surface, there are several good reasons… Read More »
What Is An Order Of Default In A Maryland Divorce?
You’re trying to file for divorce, but your spouse refuses to cooperate with the process. Now what? The Maryland courts have a solution to this problem. Under Maryland law, an order of default can be issued if a spouse is properly served with a summons and complaint yet fails to respond. In such a… Read More »
What Is The “The Best Interests Of The Child” Standard In Maryland Family Law?
Courts need to use some standard for determining how child custody decisions will be made. In Maryland, as in every state across the United States, the courts use “the best interests of the child standard” to determine matters related to child custody. Such a determination is not laid out in stone and depends much… Read More »
Who Pays The Legal Fees In A Maryland Divorce?
Generally speaking, each party is responsible for paying their own legal fees in a Maryland divorce. In some cases, however, one spouse may be ordered to pay the other spouse’s legal fees by the judge. In this article, the Bel Air MD family law attorneys will unpack this question and discuss when a spouse… Read More »
