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Maryland Divorce Questions & Answers
1 Answer | Asked in Divorce for Maryland on
Q: My wife and I have only been married 6 months with four months separated because of deployment and she wants a divorce.

Is there a time frame to be married before filing for divorce?

Mark Oakley
Mark Oakley answered on Oct 8, 2019

No. There is only a time frame for filing for divorce where both parties are not in agreement to get divorced: one year continuous uninterrupted separation. If both parties are in agreement, however, then so long as they both sign a written agreement resolving all marital rights and interests,... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Does the 1 year separation period restart if you file for divorce, then retract the case if you are trying to divorce?

I've been separated for over a year now. Around june, i started filing for divorce but then my ex and i began communicating so we decided to remove the case to see if something could be worked out. But it didn't and now i really want to file for divorce and get out of the relationship as soon as i... Read more »

Mark Oakley
Mark Oakley answered on Oct 8, 2019

Unless you resumed living together under the same roof, then the separation period starts and runs from the date you initially separated and remained separated through the present. Doesn't matter that you began talking about getting back together, unless you resumed marital relations and living... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Can a "nonmarital property" of the husband be up for property division in a divorce case with these circumstances:

(1) the property was acquired (March of 2015) before the marriage (October 2015) without the wife's name on the title simply to qualify for an income-based program (Housing Initiative Partnership)

(2) the mother of the wife is the realtor that found the home and the program intending to... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 25, 2019

The home most likely would be considered part marital and part separate property. From March of 2015 - Octover 2015 it would be separate property. From the date of marriage it could be argued it is marital property.

1 Answer | Asked in Divorce, Family Law and Child Custody for Maryland on
Q: Soon to be ex-husband threatening to create problems for me if I don't get an abortion

I have been in a very bad marriage from 5 years, it is not necessarily physically violent but it does get very violent and I have many times decided to quit but he always stops me. I am at last pregnant now and I do want to have the baby because I have a good job and supportive family however I no... Read more »

Mark Oakley
Mark Oakley answered on Sep 24, 2019

Leave this abusive relationship and go have your baby. File for custody and request child support. Call House of Ruth for advice and possibly representation or referral to pro bono or reduced fee legal representation.

1 Answer | Asked in Divorce, Family Law and Animal / Dog Law for Maryland on
Q: I recently left my abusive husband and got a protection order in which I get my dog but he won't give him up

I dont know what to do. The order says I get the dog but he wont give him back and when asked in court he said he give my dog away to his cousin to foster and wouldn't say who. I asked around and none of his cousin say they have him and this rest of the family won't tell me. Everyone is acting... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 5, 2019

You file contempt with the court and ask that he be jailed for not turning over the dog. He can get out of jail by giving you the dog. It's a court order. Even if he gave the dog away, he is still required to get the dog back and give it to you.

1 Answer | Asked in Divorce for Maryland on
Q: I am in MD and my husband left, moved to SC. Just found out he married a woman there. We are NOT legally divorced.

We are still legally married. His new bride has no idea. What recourse do I have?

Jac E. Knust
Jac E. Knust answered on Aug 5, 2019

His new marriage does not terminate your marriage to him. I am not licensed to practice in South Carolina but I would be willing to bet that bigamy is a crime in South Carolina as it is in Maryland. Your husband has potentially violated the criminal laws of the state of South Carolina and... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Does release of any & all claims in a divorce decree pertain to only Family Law, or would it include contract and tort?
Mark Oakley
Mark Oakley answered on Aug 1, 2019

The specific provision containing the release would have to be reviewed, but generally, these releases are all-encompassing as of the date of the agreement containing the release, unless otherwise limited. Releases will not be construed to cover claims arising after the date of the release, but... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Cancelling vacation schedule after confirming it?

The divorce settlement between my ex and I states she has one (summer) vacation week that she has to give 30 days notice to me for. A few weeks ago, she emailed the vacation week she will be taking; however, a week later, emailed again that she will no longer take the vacation the week she... Read more »

Dawn Renee Gould
Dawn Renee Gould answered on Jul 17, 2019

Unfortunately, you won't get a court hearing within 2 weeks so you can't get an immediate resolution through the courts. You can however advise her that she is to STILL take your child the week that she said she was going to take your child and advise her that even though she may not be "going" on... Read more »

1 Answer | Asked in Consumer Law, Divorce and Family Law for Maryland on
Q: Im A 33yr old married woman and my husband is incarcerated currently but he will be released some time next month

he claims that he has won a law suite against the baltimoe police dept and won how do I find out if this is true or not?

Dawn Renee Gould
Dawn Renee Gould answered on Jul 8, 2019

If you are planning to remain married to him, the only way to find out is to go online to Maryland Judiciary public case search and see if there was in fact a lawsuit. If you are planning on divorcing him, that information can be obtained though the discovery process.

1 Answer | Asked in Divorce and Child Support for Maryland on
Q: I’ve been separated from my wife for over 8 years and I want to get a divorce.

I also want to adjust my child support since I’m making much less then I was when I was living in MD and when we filed the paperwork for the amount I would pay, back in 2013

Dawn Renee Gould
Dawn Renee Gould answered on Jul 8, 2019

If you want to get a divorce and modify your child support, then you must file for divorce and you must file a modification with the court. As there is not an actual question here, I am not sure what advice you are seeking regarding those issues. You may want to schedule a consult with an attorney.

2 Answers | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Maryland on
Q: What proper/careful steps do I take to make sure an abusive parent/estranged husband is not given custody or visitation?

My children’s father/estranged husband abused me for 18 yrs. My bones have been broken, & I’ve been covered in lumps & bruises. His violent alcoholic abuse turned into countless death threats & he started threatening & physically abusing the boys & my disabled Mother. Which he admit to in... Read more »

Pawnee A. Davis
Pawnee A. Davis answered on Jul 4, 2019

Your situation needs a lawyer to ask you questions and get more information in order to advise you. So, please contact an attorney experienced in divorce and domestic violence.

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2 Answers | Asked in Child Support and Divorce for Maryland on
Q: I am separated and moving toward the divorce. I make substantially more money than my ex, but she only works part-time.

We have shared custody 50/50, but the monthly child support I pay is significant. Should this be calculated on her earning potential instead of her actual since she chooses to work part time and is using my child support her?

Elizabeth Pugliese
Elizabeth Pugliese answered on Jun 18, 2019

Child support is based on actual income, not speculation of what someone thinks she could be making.

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1 Answer | Asked in Divorce for Maryland on
Q: Husband left Jan 2019. I'm willing to wait 12 months; however, he is moving out of state. Refuses no-fault option

He has taken all marital property and refuses to negotiate and sign an agreement. I do not have money to hire PI to prove adultery, and he is moving out of state soon. I know I will not know his whereabouts after the 12 month waiting period - what happens if I don't know where to serve final... Read more »

Dawn Renee Gould
Dawn Renee Gould answered on Mar 14, 2019

I would file for divorce ASAP so that you can serve him while he is still living here. He will then have to return here for any and all court dates. You can file for a limited divorce if you don't meet the grounds for an absolute divorce and then upon meeting any ground for absolute divorce, you... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Hello. How do I know if my divorce is filed?

How do I know if my divorce is filed?

Jac E. Knust
Jac E. Knust answered on Mar 6, 2019

Except for the larger population jurisdictions, e.g. Montgomery County, PG County, and Baltimore City all filing is now required to be done electronically by lawyers. Clerks review papers for correctness per MD Rules before accepting them for filing, but almost all cases files by lawyers using the... Read more »

2 Answers | Asked in Divorce for Maryland on
Q: I was separated from my husband 9years. I am ready to get a divorce. I don't know where he lives; however, I know where

Works. Should I tell the sheriff to serve the divorce papers to his job?

Mark Oakley
Mark Oakley answered on Mar 3, 2019

Yes. That is permissible.

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: In court last week there was a new court order made but has not been signed yet. Is the previous court order in place?
Dawn Renee Gould
Dawn Renee Gould answered on Feb 23, 2019

If the Judge ruled on the record then that ruling is an Order. However, your question is very vague. The ruling could've been only a ruling on a certain issue which means that all other orders are still valid regarding other issues. Your question is lacking too much information to truly tell what... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Maryland on
Q: I’m separating from my husband &want to move out of Maryland to another state and there’s no custody arrangement

Our relationship isn’t healthy and my daughter isn’t close with him. I have proof of him leaving her in the dark for 30 minutes when I went to work. He cheats on me and for the first 4 months of when our youngest was born, he wasn’t there at all. CPS came and did an investigation and told me... Read more »

Dawn Renee Gould
Dawn Renee Gould answered on Feb 23, 2019

It's probably prudent to file for custody prior to moving. However, without a custody agreement, you are free to move anywhere. The risk that you run if you move with your daughter is your husband filing for custody and then you'll have to return to MD to defend the suit. You said that you are... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Married 6 months ago and want to file for a mutual consent divorce. Do I need to married a full year in order to file?

no adultery was committed that I know of just believe this a choice we should have made

Mark Oakley
Mark Oakley answered on Jan 24, 2019

No, if you have a signed separation and property settlement agreement that resolves all issues, then you can file immediately regardless of the time that has passed. When filing in this way, both parties must appear in court in person at the hearing to confirm they agree to it.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: When filing for separation does the other party have to moved. There are no children between the two.

There is tension between us and I can afford the mortgage on my own and I want to buy him out but I need a year to do it.

Nyasha A. West
Nyasha A. West answered on Jan 9, 2019

Unlike an Absolute Divorce on the ground of Voluntary Separation, when parties seek to divorce on the ground of Mutual Consent, there is no requirement that they live separate and apart prior to seeking to dissolve the marriage.

In Maryland, a divorce may be granted on the ground of Mutual...
Read more »

1 Answer | Asked in Divorce for Maryland on
Q: I am trying to do my own divorce as not working. Can you tell me the steps and ESPECIALLY FORMS I need to complete?

I live in Baltimore County just outside of Baltimore City. I do not have a current working phone. . Thank you. Please help. There are no issues with property or children.

Mark Oakley
Mark Oakley answered on Jan 4, 2019

Baltimore County Circuit Court has a self-help office for persons filing their own divorce. Go tho this website and follow the instructions: https://www.baltimorecountymd.gov/Agencies/circuit/family/prose.html

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