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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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...
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...
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.
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