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Maryland Divorce Questions & Answers
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.

1 Answer | Asked in Divorce for Maryland on
Q: I filed divorce from my husband. Im the breadwinner. He does work. Can I move out with my 3 yr old (same state).

I pay for her preschool, medical, food, clothing, etc. Ultimately I want to move closer to my family. He wont leave the house. Can I enroll her in new preschool, again same state but different county.

Jac E. Knust
Jac E. Knust answered on Jan 5, 2020

Yes. However, the big question for you to answer is ” Is this the best thing for our son?” consider hiring a mediator to resolve all issues and avoid court delays, contentious feelings, an potentially high lawyer fees.

1 Answer | Asked in Criminal Law and Divorce for Maryland on
Q: What is the legal penalty in Maryland for non payment of a court ordered judgment of 35,000 that has not been paid?
Mark Oakley
Mark Oakley answered on Dec 24, 2019

For ordinary civil judgments, like credit card debts, contracts, and the like, the judgment simply accrues 10% simple annual interest. Not paying it has no other penalty. For certain types of debt obligations, such as in Family law cases, including court ordered child or spousal support, in... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: I want to file for divorce in MD but I don’t have my husband’s address, do I need it when I file?
Jac E. Knust
Jac E. Knust answered on Dec 9, 2019

There is some reason that you believe he is a Maryland resident. You could use his work address his last name and home address etc. but you should indicate some address on your pleadings because you need to convince the court that he is a Maryland resident. You may not be absolutely certain of the... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: would a spouse on the deed but not the mortgage be entitled to 1/2 the selling price of the home but not the debt?

In the state of Maryland, would a spouse who is on the deed, but not the mortgage, be entitled to half the selling price of the home but not held responsible for the debt in divorce?

Elizabeth Pugliese
Elizabeth Pugliese answered on Dec 5, 2019

The spouse is entitled to half the value of the home - regardless of how titled. The value is usually the selling price, minus brokerage fees and minus the mortgage. Basically the equity in the home.

1 Answer | Asked in Divorce for Maryland on
Q: what is the legal recourse when someone passes a bad check in a court ordered divorce decree.
Mark Oakley
Mark Oakley answered on Nov 29, 2019

Passing a bad check is known in the criminal code as “uttering” and may be charged as a crime; however, not all such acts are deemed criminal. From the civil standpoint, you can file a motion to enforce the court order or judgment awarding the support payments, as well as for a finding of civil... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Is it easier to wait until my daughter is 18 before filing for divorce.

We own a home together but have no other joint accounts

Mark Oakley
Mark Oakley answered on Nov 15, 2019

Too little information and two totally unrelated issues (child’s age and property). You need to consult with a lawyer before doing anything and learn first what your rights are as well as the definition of “marital property” which is not determined based on whose name is on the title or the... Read more »

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.

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