Maryland Divorce Questions & Answers

Q: When filing for separation does the other party have to moved. There are no children between the two.

1 Answer | Asked in Divorce and Family Law for Maryland on
Answered on Jan 9, 2019
Nyasha A. West's answer
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 Consent so long as the following conditions are met:

1. The parties have a signed settlement agreement that resolves property issues, alimony and issues related to dependent or minor children...

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?

1 Answer | Asked in Divorce for Maryland on
Answered on Jan 4, 2019
Mark Oakley's answer
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

Q: My ex refused to find a place that is dog friendly,

1 Answer | Asked in Divorce for Maryland on
Answered on Dec 16, 2018
Mark Oakley's answer
No. You can give the dog away and not incur the expense. Your choice to keep the dog and incur the expense is your choice, not your ex’s.

Q: Married 18 years wife makes more that me I have a life insurance and 401. Will I lose this in a divorce

1 Answer | Asked in Divorce for Maryland on
Answered on Dec 16, 2018
Jac E. Knust's answer
Life insurance generally comes in two different forms. Number one: term inurance has no cash value -often times an employer provides thisas a benefit to employees. You can name anybody you want as a beneficiary and it does not have to be your wife generally speaking.

Another type of insurance is whole life insurance which typically has a cash value. If this was purchased during the marriage then the cash value of the insurance is marital property which is subject to a marital award. You...

Q: Hello, I am married for 6 years and getting divorced. What are my rights?

1 Answer | Asked in Divorce for Maryland on
Answered on Dec 7, 2018
Pawnee A. Davis' answer
I am not able to give you an answer without more information. There are questions and follow up questions that need to be asked about your situation for me to give you an answer. You may call to schedule a consultation or any divorce lawyer in Maryland of your choosing.

Q: If I am unemployed and my husband is unemployed also and disabled can I get my divorce for free?

1 Answer | Asked in Divorce for Maryland on
Answered on Nov 17, 2018
Mark Oakley's answer
The circuit court has preprinted family law forms for divorce cases, and many counties and the City of Baltimore have family law clinics for do-it-yourself litigants. You would still have to pay the filing fees and arrange service of process on your spouse. There is a motion you can file to ask the court to waive the filing fees based on your financial condition. Service of process can be arranged privately by getting a friend (anyone 18 years or older) to hand the summons and copy of the...

Q: Can I file for divorce if I just moved to Maryland and we agreed to a mutual consent divorce after I moved?

1 Answer | Asked in Divorce for Maryland on
Answered on Oct 30, 2018
Dawn Renee Gould's answer
If the ground for divorce occurred in Maryland, you need only be currently living in Maryland at the time you file for divorce. Where the grounds for divorce occurred outside Maryland, you or your spouse must have lived in Maryland for at least six months before filing your divorce complaint.

Q: My ex wife applied for Campership and received a 2000 discount off our bill, she thinks that satisfies her portion 67/33

1 Answer | Asked in Divorce and Child Support for Maryland on
Answered on Oct 23, 2018
Elizabeth Pugliese's answer
What you must split is the cost that is actually paid by the parents. In other words, the remainder due is split between you both 67/33. While she should be applauded for her initiative in getting the reduced cost, there is still a remainder to be paid. That is both parents' responsibility.

Q: My husband filed divorce and it was finalized in May. I never signed the papers. Could I ask for alimony?

1 Answer | Asked in Divorce and Family Law for Maryland on
Answered on Oct 15, 2018
Elizabeth Pugliese's answer
Your deadline to respond was 30 days after you were served -- whether you had an attorney or not. Once the divorce is final, you cannot go back and ask for alimony.

Q: I want to file for divorce but they told me I need something from child support but I pay my ex myself.

1 Answer | Asked in Child Support and Divorce for Maryland on
Answered on Oct 8, 2018
Elizabeth Pugliese's answer
You need to attach what is called Child Support Guidelines that show the amount that Maryland thinks you should be paying. If you are paying less than that, you must provide a good reason (other than this is what we agreed) why you are paying less. If you are paying more than the guidelines amount, no need for an explanation.

Q: Legal options for woman raped and assaulted by former husband

1 Answer | Asked in Criminal Law, Divorce and Personal Injury for Maryland on
Answered on Sep 28, 2018
Joseph D. Allen's answer
The statute of limitations for sexual or other battery (assuming she was 18 or older at the time) is 3 years. There is no criminal statute of limitations for sexual assault. It may be relatively difficult to get a prosecutor to take the case given the passage of time- but depending on the facts, it might be possible. She might be able to get restitution if he is convicted. As for the continuing verbal abuse, it depends on how severe it is- she might have a civil claim. Or she could be...

Q: Question on if a divorce agreement can be changed 4 years later

1 Answer | Asked in Child Support, Civil Litigation, Divorce and Family Law for Maryland on
Answered on Sep 28, 2018
Elizabeth Pugliese's answer
Unfortunately no. Once a divorce is final, you cannot go back and ask for alimony or any property division. Only custody and child support are modifiable.

If everyone has been following the agreement for four years and receiving the benefits of it, the court is not going to throw it out -- short of proving fraud at the time of creation. Not being in the right emotional state is not fraud.

Q: Can one spouse unilaterally establish a trust fund for their child so that the other spouse has no access to the money?

1 Answer | Asked in Divorce for Maryland on
Answered on Sep 27, 2018
Jac E. Knust's answer
Yes, If you are able to show that the removal of money that could be deemed marital and placing it into a trust for the purpose of avoiding consideration as marital property. The process or act of removing marital assets and placing them in a trust or with a third-party for the purpose of avoiding consideration of them as marital property is called dissipation of assets.It is necessary to show intent on behalf of the spouse and that the intent is to deprive you of your marital interest in the...

Q: I Separated 2 yrs ago: my lawyer retired, his died. Legal separation filed in court. How do we divorce w/out lawyers?

1 Answer | Asked in Divorce for Maryland on
Answered on Sep 27, 2018
Jac E. Knust's answer
Started to answer this question without more information, but it may be as simple as just requesting a hearing date from the clerk of the court and presenting testimony to support the basis of the allegations in the complaint that you filed. You should call the clerk of the court and find out the status of the case and ask them what is necessary for you to advance your case to hearing to present testimony for divorce

Q: What am I looking at paying for a device in Maryland with kids

1 Answer | Asked in Divorce for Maryland on
Answered on Sep 24, 2018
Nyasha A. West's answer
It sounds like you are asking about an Uncontested Divorce with Children. Having a spouse on board with a divorce and a working idea of what you want to include in the child custody and child support agreement are great starts, but, divorce is a complicated matter and should be discussed with an experienced Family Law attorney.

Q: What is the process of getting an annulment?

1 Answer | Asked in Family Law and Divorce for Maryland on
Answered on Sep 17, 2018
Elizabeth Pugliese's answer
If you are already divorced, you cannot get an annulment. An annulment is a legal statement that the marriage should not have occurred in the first place based on very specific reasons. If you were granted a divorce, that means there was a legal finding that there was a marriage.

Q: Is there a conflict of interest in a case in which a pro se learns the other side's attorney is a judge on the same

1 Answer | Asked in Divorce for Maryland on
Answered on Sep 7, 2018
Pawnee A. Davis' answer
When I evaluate what you said, the question hints at potential bias because the presiding judge and the opposing counsel (also a judge) are friends or know each other. If there is bias present in the judge’s decision making there could be a conflict of interest in which the judge ‘s decisions are prejudiced. You may decide to file a motion for recusal if there is evidence of the bias.

Q: Is there a conflict of interest when a pro se is not informed husband's attorney is married to a judge on the same court

1 Answer | Asked in Divorce for Maryland on
Answered on Sep 7, 2018
Mark Oakley's answer
Not necessarily. However, any judge assigned to your case has an obligation to recuse themselves if they believe that a conflict, potential conflict, or appearance of conflict is present. In many jurisdictions there are so many judges that a particular judge may feel there is no bias issue if they do not know the parties and are not particularly close to the married judge in question. Finally, connections between lawyers are very common, as the community is small enough that you will have many...

Q: What if one of the people who want a divorce does not want the other person to receive any monetary settlement ?

1 Answer | Asked in Divorce for Maryland on
Answered on Sep 3, 2018
Mark Oakley's answer
The only way to find out is if you meet with a lawyer and go over your and your spouse’s incomes, assets, retirement/pensions, and liabilities. If there is marital property, then you have an interest in it equal to your spouse. All property and money accumulated during the marriage is, generally, marital property, regardless of how it is titled or in whose name it is held.

Q: If I receive a huge raise after my divorce, will it affect my spousal support payments?

1 Answer | Asked in Divorce for Maryland on
Answered on Aug 31, 2018
Dawn Renee Gould's answer
It may affect your payments but it depends upon what your Court Order states. Additionally, your ex would have to file to modify the payments and then the Court would hold a hearing to determine the accurate amount based upon the calculations.

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