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Maryland Divorce Questions & Answers
1 Answer | Asked in Divorce for Maryland on
Q: Im planning marriage. no children. I own houses and large bank accounts. she has zero. if divorce is this protected

i trust her after dating 12 years but I was planning on a prenup and she wont sign.

Mark Oakley
Mark Oakley
answered on Jun 21, 2022

Property acquired before marriage is not subject to division as marital property in divorce, so long as you can prove the property pre-dated your marriage and was not in part paid for or contributed to with funds earned after you married, which would result in converting at least some portion of... Read more »

0 Answers | Asked in Divorce for Maryland on
Q: tried to file for divorce with the online divorce but my spouse is in GA. What state and how do i file by publication?

he has received the paper work to sign but doesnt want to comply we share nothing together

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: I live in maryland. My wife and I own a house equally. She’s pregnant with another man’s child, she wants a divorce.

I live in the state of maryland. My life went from perfect to miserable within months.

At the beginning of the year I was happily married with 2 beautiful kids in a new home equally owned between my wife and I. Fast forward to today my wife has moved in her boyfriend, she’s now pregnant... Read more »

Mark Oakley
Mark Oakley
answered on Jun 15, 2022

Asking questions is smart, but you will not get the answers you need this way. You need to retain an experienced divorce lawyer. Property division, child custody, child support, alimony and divorce in your situation will require a comprehensive sit-down and discussion, and the various options and... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: I live in Maryland. I receive a pension from my former job. Is my husband entitled to my pension?

We are not separated or divorced. I would like to know by law am I obligated to give him half of my pension in the state of maryland?

Mark Oakley
Mark Oakley
answered on Jun 10, 2022

Until a court orders you to give him any, NO. However, in the event a divorce case reaches trial before a Maryland judge, one of the issues a judge resolves is how to divide marital property in an "equitable" manner. Marital property includes pensions, to the extent you contributed and... Read more »

1 Answer | Asked in Divorce and Estate Planning for Maryland on
Q: Revocable Trust in Maryland. Amicably divorcing couple with executed Separation Agreement, waiting for court date.

co trustees currently. Issues with home being under trust and dealing with Title transfer prior to divorce being final. One spouse buying out the other. Lender wrote $500k check to name of the Trust. Bank won’t deposit in trustees personal account to complete buyout without setting up new bank... Read more »

Mark Oakley
Mark Oakley
answered on Jun 7, 2022

If the trust is the seller of the property, the sale proceeds need to be paid to the trust, not the personal account of an individual trustee. The trust then can distribute the agreed buyout amount to whomever is supposed to receive it. You will need a lawyer to look at the trust instrument and... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: If both wife support and alimony specified in a divorce agreement, which one takes effect?

An agreement has "wife support" section stating a monthly payment to wife while in the same agreement document, the "alimony" section says alimony is waived. Based on the document flow, the alimony section comes after wife support section will override the wife support section... Read more »

Mark Oakley
Mark Oakley
answered on May 22, 2022

You will need to take your agreement to a lawyer to review. It is not possible to construe the terms based on your summary description. There can be support and maintenance payments by agreement that are not treated as alimony. Alimony has a distinct meaning and set of legal rules that apply to it,... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Ex committed adultery which ended marriage. She served me for divorce but per paperwork, says she doesnt want anything.

do i need a lawyer? if so, what is a reasonable fee for just document review and possibly just representation in court?

Mark Oakley
Mark Oakley
answered on May 21, 2022

You should always consult and use a lawyer in a divorce action. Real property, retirement assets, pensions, alimony, property division, health insurance, etc., are all on the table and can be affected (gained or lost) if you do not protect yourself. The danger is in not knowing what you do not... Read more »

2 Answers | Asked in Divorce and Family Law for Maryland on
Q: what evidence is required to disprove that a verbal threat was made

I'm in the process of applying for a divorce. My wife received a temporary protective order against me based on her false statement that i threatened her life on three separate occassions. At the court proceedings the judge issued a 12 month permanent order based on my wife's statement.

Mark Oakley
Mark Oakley
answered on Apr 4, 2022

You do not state whether this was a separate court case from the divorce proceeding (e.g., a Petition for Protection from Domestic Violence under its own case number) or whether this 12 month protective order was issued in the divorce action under the divorce case number. The process you would... Read more »

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1 Answer | Asked in Criminal Law and Divorce for Maryland on
Q: If a car is awarded in a divorce but the other spouse's name is still on the title, who legally owns the car?

My mom was awarded a car in the divorce from my father. Only his name is on the title. She never changed it because there were no loans left to pay. He sold the truck to someone else who towed it away. Who legally owns the truck? What are my mom's options?

Mark Oakley
Mark Oakley
answered on Feb 11, 2022

"Awarded a car in the divorce" -- find the proof of this, and your mother can file a motion to enforce and for contempt against him, and claim monetary damages.

1 Answer | Asked in Divorce for Maryland on
Q: I live in Maryland. I am going to receive a $10,000 Monetary award in my divorce settlement in lieu of going through

A court battle at great expense. I am also receiving 100% of the proceeds from the sale of the marital home in lieu of taking his retirement or pension and I’m not asking for alimony. With the additional $10,000 award it works out in my best interest. My question is, will I have to pay any... Read more »

Mark Oakley
Mark Oakley
answered on Jan 8, 2022

No. A monetary award is made to adjust the equities between the parties as to existing marital property and debts. It is not an award of new taxable income. It merely shifts already earned and taxed income (or property purchased with that taxed income) from one spouse to the other.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: i want to file for divorce and leave this abusive marriage with 2 kids will this negatively affect my case for divorce

do i have to file for full custody of kids before leaving or send him a text telling him we are leaving then tell him to call me so we make arrangements anytime he wants to see the kids.

Pawnee A. Davis
Pawnee A. Davis
answered on Dec 13, 2021

I am sorry to hear that you are going through this difficult situation in your life. It is very important that you find an attorney with whom you can go into detail about this question given the different factors involved. It would not be wise to give a simple answer to such a very complicated and... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: My son died while separated from his wife for three years. Is she entitled to his estate

She left him for someone else and moved in with the other man whom she left after a few months. My son wanted a divorce but she did not as he was in the Air Force and wanted his benefits.

Mark Oakley
Mark Oakley
answered on Dec 4, 2021

In Maryland, as in most states, a surviving spouse has inheritance rights to their deceased spouse's estate. Absent a divorce decree entered before death, or a signed property settlement agreement, or a prenuptial or postnuptial agreement, those rights remain intact so long as they remain... Read more »

1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for Maryland on
Q: Where can I get a lawyer for a low income family?
Scott Scherr
Scott Scherr
answered on Dec 1, 2021

Contact Maryland Volunteer Lawyers Services, Legal Aid, or your local bar association.

1 Answer | Asked in Divorce and Child Custody for Maryland on
Q: My ex girlfriend and I live together with our two kids.It’s my house in my name. What rights does she have?

I want her to move out. I pay everything and the kids have my last name. What are my rights

Mark Oakley
Mark Oakley
answered on Nov 26, 2021

You have two issues: a landlord/tenant issue, and a custody/child support issue. If there's domestic violence going on, that is a potential third issue, or one which could arise based on how she reacts to whatever it is you do about the first two issues. The good news is (for you), you are... Read more »

1 Answer | Asked in Divorce, Civil Litigation and Domestic Violence for Maryland on
Q: . He's had 3 attys . They asked to be striken. He won't cooperate ,md court , what does plaintiff's exhibit mean

We have many assets . 3 businesses.a classic car collection. Ect. He's failed to put in discovery

My atty has asked for 2nd motion for sanctions

What's this mean

Mark Oakley
Mark Oakley
answered on Sep 23, 2021

Ask your lawyer. This is what you are paying for: legal advice and counseling.

1 Answer | Asked in Divorce for Maryland on
Q: Hello: My daughter's marriage was solemnized in Ontario Canada but no marriage certificate was applied for and issued.

After less than a year she got divorced (religiously, not in court). Question is, will she be considered legally married even though no marriage certificate was issued?

Reason for question is that if she is considered legally married then will need to file for divorce, otherwise not.

Thanks

Mark Oakley
Mark Oakley
answered on Aug 28, 2021

You need to ask this question of an Ontario lawyer, or research the law there. The law of the place of marriage determines whether the marriage is legal or not. For instance, in all states in the United States of which I am aware, a marriage is only legal if the parties obtain a marriage license... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: I just got divorced and we have a mortgage together with a living trust for our kids I live there and pay the payment

She wants her name off the mortgage what is the law about that because I don’t know if I can afford to tefinance

Mark Oakley
Mark Oakley
answered on Jul 27, 2021

Is the deed to the house in the name of the living trust, or do you jointly own the house in your individual names? Upon divorce, real property owned by spouses as "tenants by the entireties" automatically converts to "tenants in common" ownership. Therefore, you would each... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: My husband got the house in divorce settlement. He is selling got papers from realtor to sign so he can sell. Should I?

Will I be liable for any tax that may be owed?

Mark Oakley
Mark Oakley
answered on Jul 24, 2021

You have to do what your agreed settlement terms require you to do, or you will be liable to him for his legal fees and other costs incurred to force you to do so under court order. So, to that end, if you are uncertain as to what you agreed to do, take your settlement agreement (or divorce... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: If the wife makes more money and gets caught cheating, can the husband get spousal support?
Mark Oakley
Mark Oakley
answered on Jul 17, 2021

You have cited two factors in a list of factors that would be considered in your favor when considering whether to award alimony in a divorce case. The limited facts you have provided, however, are insufficient standing alone to establish your right to alimony. Consult with a divorce lawyer in... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Divorce. Married in one state, where he lives. I am in another state. 2 adult kids. No checking, no savings, no stocks

No money no house he lives with our son me our daughter. Married in his state. How do I divorce him without traveling to his state? He owns a used car that he can have?

Mark Oakley
Mark Oakley
answered on May 16, 2021

If you are not seeking alimony, a monetary award, a share of his pension or retirement, or property division, you can file in your state of residence; or if you are seeking any of those things, you may need his consent to, or waiver of, personal jurisdiction in your state of residence. If he... Read more »

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