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Maryland Divorce Questions & Answers
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 »

1 Answer | Asked in Divorce and Child Support for Maryland on
Q: Are gains through stocks considered income in calculation of alimony?

My ex has not been working for a year. He is currently on disability, even though he would be able to work. He receives a large disability insurance. He also made millions at the stock market. Now he claims that he can not work anymore and if ever, he would only work 50% of the time. He wants to... Read more »

Mark Oakley
Mark Oakley answered on Apr 16, 2021

Possibly. Your question requires many more facts to be reviewed and considered, as it raises questions of voluntary impoverishment on the one hand, and availability of assets that might be converted into income-producing assets available to pay child support. In the case of Barton v. Hirshberg,... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Have a pending divorce case, want to know what I need to do to submit an agreement .

What forms or amendments needed to be submitted.

Mark Oakley
Mark Oakley answered on Mar 16, 2021

Separation and property settlement agreements are many pages long, full of numerous detailed legal provisions drafted to address a myriad of legal issues and rights that are implicated in a divorce. This is not a DIY agreement. If you do not use a lawyer, you will have no idea what possible... Read more »

3 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Maryland on
Q: If granted sole physical and legal custody, what rights do I have? If the order has Contradictions.

I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... Read more »

Timothy E. Howie
Timothy E. Howie answered on Mar 1, 2021

A pendente lite order is a temporary order that, generally, remains in effect until the actual trial. I suspect that you have an actual trial scheduled for June. If you feel that there is a sufficient reason for the court to reconsider the issue of custody after the pendente lite order but before... Read more »

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1 Answer | Asked in Divorce for Maryland on
Q: If I strike my answer to will they continue with mediation? That’s what I really need to know.how should I proceed.

If I ask them to dismiss my answer will they continue with a hearing or I should just go with it. We are still living together and have a sexual relationship. I would want the court to dismiss his complaint of Adultery.

Timothy E. Howie
Timothy E. Howie answered on Feb 23, 2021

This question appears to be a follow up to a question earlier today. I really cannot answer your question without knowing the facts of your case. You should confer with a lawyer who can assess all of the facts of your case.

1 Answer | Asked in Divorce for Maryland on
Q: My husband filed for a divorce stating adultery. I was never served but learned of the divorce. So I filed and answer.

Can I withdrawal my answer and wait to be served or is it too late. I want to wait into I’m served to go forwArd what can I do?

Timothy E. Howie
Timothy E. Howie answered on Feb 23, 2021

Generally, when you file an answer even though you have not been served, you thereby subject yourself to the personal jurisdiction of the court, and the other party need not serve you. But, depending upon the circumstances, you may be able to ask the court to strike your answer.

2 Answers | Asked in Divorce for Maryland on
Q: My ex-husband & I divorced in 2015. He hasn't fulfilled orders outlined in the decree. Is there a statute of limitation?

He was ordered to sign a car over to me (title has both our names on it) and pay half the total of expenses I paid. I was ordered to refinance car to take him off title but couldn't due to age of car and credit. Contacted him in late 2015 and he refused to pay until I could have him sign off... Read more »

Timothy E. Howie
Timothy E. Howie answered on Feb 7, 2021

If your husband has failed to comply with an order of court, you may file with the court a petition for contempt, asking the court to hold him in contempt if he does not comply with the order.

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1 Answer | Asked in Divorce for Maryland on
Q: My wife left me 6 years ago with no contact since. Is she entitled to half of my property still?

When she left she moved multiple states away. I’m currently trying to purchase my first home and the settlement date is with in a few weeks (not enough time for a divorce). I didn’t even think about this when looking for a home but would she be entitled to 50% of my new home ?

Mark Oakley
Mark Oakley answered on Jan 19, 2021

Maryland is an equitable distribution state, meaning assets are subject to a judge's determination as to what an equitable split of assets should be. Your wife will have a claim against all assets acquired (fully or partially) during the marriage, including your new home. What the measure of... Read more »

2 Answers | Asked in Divorce, Family Law and Health Care Law for Maryland on
Q: I am disabled, going through a divorce. Is it possible to stay on my wife's health insurance after divorce?

I am currently separated and am looking for legal advice concerning my divorce. I am disabled, so my main concern is healthcare insurance. I am qualified for Medicare, but because I am only 52 the premiums for supplemental are extremely high. Because of my illness (Multiple Sclerosis) I see my... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jan 15, 2021

Unfortunately, you will not be able to stay on your spouse's insurance after an absolute divorce. However, you would be able to retain your insurance under a limited divorce. Hope that helps. Good luck!!

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1 Answer | Asked in Divorce for Maryland on
Q: My husband and I married in Turkey . I want to divorce from him . He has properties back home . He doesn’t want to give

Me anything so if I divorce in USA am I able to get something from him ? House or money etc

Mark Oakley
Mark Oakley answered on Dec 28, 2020

This is a complex issue. While you may be able to obtain a divorce here, dealing with overseas property is an entirely different matter. You will also face hurdles regarding jurisdiction depending on lots of facts you have not provided here. Even if a Maryland court takes jurisdiction and assessed... Read more »

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