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Maryland Divorce Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Maryland on
Q: Divorced in Maryland; former wife refusing visitation. Making statements that I am not their parent now.

We have a court signed Settlement Agreement granting "joint legal custody." The order outlines that I have unlimited access and visitation rights to our children. However, the former wife routinely states that "you are not their parent, I am." When I press visitation issues,... Read more »

Mark Oakley
Mark Oakley answered on Sep 17, 2020

File a motion to enforce court order/settlement agreement, and for contempt. Ask further for a set schedule of visitation, or to modify custody to make you the primary custodian since she is not allowing access.

1 Answer | Asked in Divorce, Family Law and Child Support for Maryland on
Q: how can I get my driver's license renewal suspended by child support
Elizabeth Pugliese
Elizabeth Pugliese answered on Sep 15, 2020

I presume you are asking how to get your driver's license back after being suspended by child support enforcement. The easiest way is to make a payment on the child support owed. Pay the child support and continue to make payments to keep your license from being suspended again. If you... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Im 22 (m) and my mom wants to divorce my step-father. Is there any legal way to have him stay as my step-father?

He has helped me through high school and college now and has been very beneficial to my life. Now my mom is deciding to divorce and I'm about to lose my step-father, but I don't want to. I love my step-father a lot.

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 1, 2020

You are old enough to have a relationship with your step-dad without any court involvement. You are also old enough to make a decision as to whether you want to reside with him--it is no one else's decision but yours.

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: If a married couple separate and break their lease can they split the balance?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 25, 2020

Yes, that is always a good idea. That way one person does not feel as if he/she is carrying the responsibility of the debt. Make sure to get a receipt or confirmation of payment. Please keep in mind that if both of your names are on the lease, you are both jointly liable for the balance. So, if one... Read more »

2 Answers | Asked in Divorce and Civil Litigation for Maryland on
Q: Can my spouse place tresspassing notice on my girlfriend that he allowed me to have? We are both on the lease!
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 18, 2020

It sounds like you and your spouse are in a polyamorous relationship and has agreed to allow a third party to have access to the both of you and your home. Under those circumstances, your spouse can always revoke his consent. Given that you and your spouse have equal rights to occupy the home, it... Read more »

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: I live in Maryland, is there a statute of limitation on when adultery took place as to when you decide to get a divorce?

I have texts, emails, and pictures to prove that my spouse had the opportunity and willingness to have an affair. The event took place 5 years ago and we have tried to reconcile but we are now to the point where she has left the residence three weeks ago. Our two sons (15 and 12) have remained at... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Aug 6, 2020

Usually when there is adultery, you qualify for an absolute divorce with no waiting period. However, there are defenses claiming adultery. For example, your spouse can say that you forgave it or you condoned it because of your actions/words (you said I forgive you, you resumed the marital... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: if i can prove infidelity on my wife how would i fare going through a divorce

we own one home paid off our children are all grown

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Jul 29, 2020

Usually infidelity is a factor that I focus on under two circumstances: (1) whether you are eligible for an absolute divorce now versus a year and (2) when calculating alimony guidelines since the cause of the breakup is an alimony factor. It's difficult to assess how the infidelity impacted... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: if i can prove infidelity on my wife how would i fare going through a divorce

we own one home paid off our children are all grown

Mark Oakley
Mark Oakley answered on Jul 28, 2020

Adultery provides fault grounds for an immediate divorce. It does not generally result in any better monetary awards. Proving adultery is not as easy as you might think. If you and your wife can come to an agreement resolving all property matters and other marital rights, then you can file for a... Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Maryland on
Q: Meaning of “it is further ordered that the matter of child support be resolved upon the filing of appropriate pleading”

My ex wife and I have a signed Judgment of Absolute Divorce and now she treating to take down for child support and maybe full custody. We have a ordered of joint legal custody now and the original question with other orders in affect. I just want to know if she can file to change anything 2yrs... Read more »

Mark Oakley
Mark Oakley answered on Jul 6, 2020

The visitation schedule, child support, and legal custody can all be modified at any time upon one party filing a motion and supporting the change with evidence of a material change in circumstances from when the last court order was entered. If there was never a determination of the amount of... Read more »

2 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Maryland on
Q: In maryland can my brothers wife ( pending divorce). Take the home of his deceased parents?

My aunt and uncle raised me. And have one biological son. My uncle died 2003 my aunt 2016. I was never legally adopted. My cousin( their son). Wants to sign their property over to me. Him and his wife are getting a divorce. She has threatened to take half of his deceased parents home. They do have... Read more »

Mark Oakley
Mark Oakley answered on Jun 21, 2020

No. Property which one spouse inherits alone is not marital property subject to division with the non-inheriting spouse. The only scenarios where your cousin’s spouse could make a claim are (1) if your cousin were to add his wife to the title; or (2) if your cousin were to make mortgage payments... Read more »

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1 Answer | Asked in Divorce and Immigration Law for Maryland on
Q: Is limited divorce possible in Maryland for a G4 dependent visa holder since it implies separation while the

G4 visa requires to live under the same roof.

Rada A Machin
Rada A Machin answered on May 27, 2020

It is possible to technically live under the same roof and file for limited divorce. It is rare that this happens or that a court recognizes the separation but under the Ricketts v. Ricketts case, it may be possible to prove separation even while living under the same roof. The facts must fit,... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: What does the following mean: The parties do not intend that Wife receive a pro rata share as defined in 5 CFR 838.103.

This question is in regard to a Federal Employee Retirement System (FERS) pension.

Diana Valle
Diana Valle answered on May 26, 2020

Is there more language to that order? Here is the link for the definition sections so that may help.

https://www.law.cornell.edu/cfr/text/5/838.103

1 Answer | Asked in Divorce, Child Custody and Child Support for Maryland on
Q: I need to remove my last name from a kid that is not my son biological. It's been 4 years since he was born.

My ex-partner and I, we separated about 4 years due to her cheating on me. As a result of this, she got pregnant by the man who she cheated on me. She never told me about this infidelity until later I found some emails on her phone when she used to communicate with guy. The baby was born, and I... Read more »

Diana Valle
Diana Valle answered on May 25, 2020

You should file a complaint for paternity to establish you are not the father and/or respond the the complaint and deny everything under the defense that you are not the father. The court will order a DNA test and that should take care of the support issue. You might be able to ask the court to... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Maryland on
Q: Can a husband legally take my camera and gear?

My husband has taken my camera and gear, around 15,000.- worth out of spite. I'm a photographer and taking photos is how I make my living.

Diana Valle
Diana Valle answered on May 25, 2020

No, he cannot take your camera and gear. Although you are married, and most property acquired during marriage is marital property, that does not mean that he can take your personal property from you. Try calling the local police for assistance. I do not know if he is still residing with you, but... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: After my divorce was final, I discovered a home my ex secretly purchased while married to me. Can I re-open the case?

The home was never a part of the settlement because I knew nothing about it. Can I go after him to recover my portion of the asset even though the divorce has finalized?

Mark Oakley
Mark Oakley answered on May 16, 2020

Maybe. Has your divorce been finalized yet? Is there a provision in your separation agreement containing representations as to full disclosure of all assets? Generally a party to an agreement can seek to have it set aside if there was fraud in the inducement, intentional failure to disclose a... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: My wife and I have filed for divorce. She purchased a house with my money in Maryland. Am I entitled to this property?
Pawnee A. Davis
Pawnee A. Davis answered on Apr 27, 2020

If the house was purchased during the marriage it is likely that you both are entitled to half of the house because it is marital property. If it is marital property, either of you may propose to buy the other's interest in the house or you may put the house on the market and split the proceeds.

1 Answer | Asked in Divorce for Maryland on
Q: Do I need to attend a scheduling conference for a divorce?
Elizabeth Pugliese
Elizabeth Pugliese answered on Mar 12, 2020

You must attend all court dates. If you do not attend the case will go on without you and you will likely not be able to challenge what happens at that hearing.

2 Answers | Asked in Divorce for Maryland on
Q: I am currently separated from my spouse and want it file for an absolute divorce. I fall under Maryland law.

I was reading on Maryland SB 472 In not having to wait 12 months. I am an active duty military member. How would filing for this go and how do I obtain a Marital Separation Agreement

Elizabeth Pugliese
Elizabeth Pugliese answered on Feb 27, 2020

In Maryland you must be separated for at least 12 months, unless there is adultery, domestic violence OR you have reached a written agreement with your spouse prior to filing for divorce. There are no exceptions to this, not even active duty military.

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1 Answer | Asked in Divorce for Maryland on
Q: married 18 months- moved out 12 months ago-we have no joint debt, kids, homes, bank accounts ...nothing between us

we are in the process of filling for absolute divorce. so the question is ...if one commits adultery can anything be done to that person financially?

Mark Oakley
Mark Oakley answered on Jan 30, 2020

Adultery is a crime which is almost never prosecuted. The maximum penalty is a $10 fine. In divorce, it can be the grounds for receiving a judgment of absolute divorce, but the proof required is often difficult to establish under the rules of evidence. It may also be considered as one of 10 factors... Read more »

1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Does Maryland have a statute of limitations in judgment of divorce

Ex has not paid me full amount on financial settlement. I have heard there is a 3 year statute of limitations and then I was told it’s a 12 year statute of limitations since it is a judgment of divorce

Mark Oakley
Mark Oakley answered on Jan 25, 2020

If the settlement was incorporated into your judgment of divorce (that is standard) then you have 12 years.

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