Questions Answered by Pawnee A. Davis

Q: Hello, I am married for 6 years and getting divorced. What are my rights?

1 Answer | Asked in Divorce for Maryland on
Answered on Dec 7, 2018
Pawnee A. Davis' answer
I am not able to give you an answer without more information. There are questions and follow up questions that need to be asked about your situation for me to give you an answer. You may call to schedule a consultation or any divorce lawyer in Maryland of your choosing.

Q: Is there a conflict of interest in a case in which a pro se learns the other side's attorney is a judge on the same

1 Answer | Asked in Divorce for Maryland on
Answered on Sep 7, 2018
Pawnee A. Davis' answer
When I evaluate what you said, the question hints at potential bias because the presiding judge and the opposing counsel (also a judge) are friends or know each other. If there is bias present in the judge’s decision making there could be a conflict of interest in which the judge ‘s decisions are prejudiced. You may decide to file a motion for recusal if there is evidence of the bias.

Q: I have printed out the forms needed to file a divorce, would someone be able to review them with me?

1 Answer | Asked in Divorce for Maryland on
Answered on Aug 19, 2018
Pawnee A. Davis' answer
Certainly. I invite you to look at my profile for my contact information.

Q: What if both of you did something wrong in an accident - who is at fault?

2 Answers | Asked in Personal Injury for Maryland on
Answered on Aug 12, 2018
Pawnee A. Davis' answer
Maryland (as well as the other two neighboring jurisdictions, D.C. and Virginia), is a contributory negligence state, which means that if an individual is even one percent at fault for an accident, then he or she is ineligible to recover any damages from an injury claim or civil case.

Q: I have been married for only 2 months. Seeking divorce. There are no children, no assets, property, nothing. l

1 Answer | Asked in Divorce for Maryland on
Answered on Jul 30, 2018
Pawnee A. Davis' answer
You are correct that you can fie for a mutual consent divorce. This does not require a separation period. However, you must have a prepared separation agreement and there are a few other requirements that must be met that are in the Maryland Code. To get some help targeted to you particular situation you should speak to a qualified attorney.

Q: I was hit while riding my bicycle and I hardly remember it. How can I sue the driver if my memory is so blurry?

4 Answers | Asked in Personal Injury for Maryland on
Answered on Jun 2, 2018
Pawnee A. Davis' answer
More information is need d to answer your question. However, some things that may help your case.

You went the ER or another doctor for treatment.

How injured are you?

Were there any witnesses that you have or can get contact information for?

Did you speak to anyone about the account?

Can the driver that hit you he identified?

Was there a police report?

A consultation with an attorney would greatly help you.

Q: I was separated in Oct 7, 2017, I filed for my divorce on Feb 28, and got case # then I filed the final decree.

1 Answer | Asked in Divorce for Maryland on
Answered on Apr 24, 2018
Pawnee A. Davis' answer
This question can not be answered without more information. I suggest you call a lawyer and ask for a consultation.

Q: im in md single home, is it legal for anyone to elec. spy on me in my bedroom or bath? thank you

1 Answer | Asked in Divorce for Maryland on
Answered on Apr 18, 2018
Pawnee A. Davis' answer
Spying with an electronic device where there is a reasonable expectation of privacy and without your consent is illegal. It violates the Electronic Communications Privacy Act--a federal law. It is also illegal under Maryland law. Specifically, Maryland Courts and Judicial Proceedings Section 10-402.

Q: Can I sue a cyclist who hit me on a sidewalk? There were no marked bike lanes.

4 Answers | Asked in Personal Injury for Maryland on
Answered on Mar 31, 2018
Pawnee A. Davis' answer
There are several questions I would ask you before I could tell you that if you have a case where you may want to sue the bicyclist.

Were you injured?

Do you have medical bills? What is thI total amount of charges?

Do you have the bicyclists contact information?

These are some factors that need to be addressed by an attorney. Please find one to have a consultation with.

Q: What happens if the husband filed but never served the wife with the writ of summons? Can she file herself now?

1 Answer | Asked in Divorce for Maryland on
Answered on Mar 8, 2018
Pawnee A. Davis' answer
The case might have been dismissed if the husband never served the wife or did not serve the wife properly. The wife can file for divorce if the case was dismissed. If the husband's case was not dismissed and is still active then the court might reject the wife's filing.

Q: My divorce papers have the wrong last name. Refers to me as the name i had before we married am I divorced

1 Answer | Asked in Divorce for Maryland on
Answered on Mar 8, 2018
Pawnee A. Davis' answer
To answer your question, yes. You are divorced because you were granted a divorce and received a divorce decree. If you want to amend your divorce decree to include the correct last name you can do that. Just file a motion (request) with the court that issued your divorce decree.

Q: Does the "waiting period" for my absolute divorce start after I filed the paperwork or after he is served?

1 Answer | Asked in Divorce for Maryland on
Answered on Feb 23, 2018
Pawnee A. Davis' answer
If you do not have children together there is no waiting period. If you do have children together then you may separate at any time, but cannot be granted a divorce until the one year period has passed.

Q: My Ex wife is contesting the limited Divorce. What can I do to fight it? She's only doing it out of spite.

2 Answers | Asked in Divorce for Maryland on
Answered on Feb 6, 2018
Pawnee A. Davis' answer
As much as you may want to settle your divorce by mutual agreement, there is nothing you can do to force your spouse to agree to the terms that you want her to. Unless both parties agree to all the divorce terms, you must have a contested divorce and it will be litigated in court.

Q: Should we merge our companies or just change the name?

1 Answer | Asked in Business Law and Mergers & Acquisitions for District of Columbia on
Answered on Jan 30, 2018
Pawnee A. Davis' answer
Changing the name would have no effect. So, I would advise you make the businesses one business. You have not said what type of business Company A is. But should they have the same or similar purposes it should be fine. However, I do urge you to consult with an attorney so that he or she can get more details to be certain they are advising you correctly.

Q: Do I have to pay Maryland annual back fees for an entity that has never conducted any business?

1 Answer | Asked in Business Law for Maryland on
Answered on Jan 24, 2018
Pawnee A. Davis' answer
I sympathize with you.

When you set up a business you do need to follow the state law requirements and pay all your dues. You should have dissolved the business if you weren’t making any money at all for the first year. That doesn’t mean not making a profit. It means literally not making any money.

At this point you may want to speak to Maryland to see if you can negotiate with them to pay less if you don’t have the funds to pay the back fees. Otherwise, just pay them.

Q: Do I have to sign a property settlement agreement prior to divorce if I do not agree with the terms and have no lawyer?

1 Answer | Asked in Divorce for Maryland on
Answered on Jan 18, 2018
Pawnee A. Davis' answer
Ma’am, you certainly should be concerned that this is a one-sided settlement agreement. You need someone to represent your interests and to make sure that you don’t lose out on anything you may be entitled to. I don’t know everything at stake without getting into the details with you, but you potentially could be losing a lot. Please contact me if you would like to discuss this. My contact information is in my profile.

Q: Husband wants a divorce and has not filed yet. I just found out that he has been cheating for the past 4 years. Options?

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Maryland on
Answered on Jan 1, 2018
Pawnee A. Davis' answer
Depending on when your daughter reaches age 18 or is emancipated, she might not be an issue for the divorce suit in terms of custody and child support. If she is then that will be another issue to sort out for you two.

Your options are to file for a divorce based on separation or based on adultery. If you file based on adultery you have the challenge of needing solid evidence to prove the adultery. But you can also include the separation. You could start your case in court based on a...

Q: Can my husband divorce me without me knowing about it?He is telling me he will do it ?

1 Answer | Asked in Divorce for Maryland on
Answered on Nov 25, 2017
Pawnee A. Davis' answer
If your husband lies and says he does not know where you live and is unable to serve you then he can at least try to divorce you without you knowing it. Eventually he would need to serve you by alternative service. At that point someone might see your name associated with the case in a periodical or posted at the courthouse. Or if you have access to the courthouse in which he is likely to file you can call and ask periodically if there is an active divorce case with your last name. Or you can...

Q: My ex-husband coerced me into signing the divorce agreement by saying he would not pay any alimony until it was decreed

1 Answer | Asked in Divorce for Maryland on
Answered on Nov 9, 2017
Pawnee A. Davis' answer
There is no way this could be enforceable if you were coerced in this manner. I would want to know the particulars of your case and if you have a divorce judgment from a judge. You need an attorney to protect your rights. You may contact me if interested or please contact another lawyer of your choosing.

Best,

Pawnee A Davis, Esq.

(202) 870-3021

DC and MD Divorces

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