Category Archives: Family Law
Can I Be Forced To Pay My Spouse’s Legal Fees?
The Maryland courts have wide discretion in making awards of attorney’s fees in family law cases, especially when there has been unfair action by one of the parties that increased the cost of litigation. One of the instances in which the court can award attorney fees to one party, is when that party wasted… Read More »
How Maryland Courts Address Hidden Assets In A Divorce
Divorce generally involves the division of marital property. Under Maryland law, both parties are required to disclose their assets and debts. Unfortunately, it is not unusual for one of the parties to attempt to conceal their assets with the hopes of gaining the upper hand financially. This is a serious offense under Maryland law…. Read More »
Understanding The Role Of Parenting Plans In Maryland Custody Agreements
In cases where parents living in Maryland split up or get a divorce, one of the most significant and contentious issues that needs to be addressed is child custody. To address this issue, the State of Maryland suggests that parents use parenting plans. These are written agreements that state how parents are supposed to… Read More »
When A Parent Wants To Move: Understanding Domingues V. Johnson And Maryland Relocation Law
Custody battles are tough to begin with — but things get even more complicated when one parent wants to move away. Whether it’s for a new job, to be closer to family, or just to start over, relocating can have a big impact on a child’s connection with both parents. In Maryland, one of… Read More »
Maryland Court Upholds Uneven (But Equitable) Distribution Of The Marital Estate
Maryland is an equitable distribution state. This means that the assets attached to your marital estate are divided in accordance with what is fair. It also means that the marital estate isn’t always divided evenly. In some cases, the courts will see fit to favor one spouse or the other with a larger share…. Read More »
Maryland Court Clarifies When Indefinite Alimony Is Appropriate
In the case of K.B. v. D.B., the Maryland Court of Special Appeals revisited one of the most complex issues in family law: when should the court award indefinite alimony as opposed to a limited rehabilitative term? This decision reinforces Maryland’s preference for alimony that only spans a limited time. It also underscores that… Read More »
Former Husband Contests Former Wife’s Alimony Award
Maryland Family Law Article § 11-106 lays out the statutory conditions under which an alimony award is made. The court must review several factors, such as the paying spouse’s ability to pay and the receiving spouse’s genuine need. The petitioner must argue that those statutory factors are present to receive an award of alimony…. Read More »
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 »
