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Maryland Divorce Questions & Answers
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 »

1 Answer | Asked in Family Law, Divorce and Child Custody for Maryland on
Q: Can you file a restraining order in different state if the defendant keeps moving from state to state?

There is a protective order against my wife from Maryland to not have any contact with our minor child. She ran to California with the child. Can I file for another restraining order in California since she live there physically now? Can I file for temporary emergency custody out of California... Read more »

Bennett James Wills
Bennett James Wills answered on Dec 1, 2020

You should consult with a California attorney. But typically, under the full faith and credit clause of the US Constitution, CA law enforcement would recognize and protective order from Maryland. Consider contacting CA law enforcement as well where the wife resides currently.

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Mark Oakley
Mark Oakley answered on Nov 28, 2020

You have 30 days to file an appeal in a civil case to the Circuit Court. The only appeals that result in a de novo trial are small claims proceedings (claims filed requesting $5,000 or less in District Court), or petitions for peace orders, or domestic violence petitions. Civil claims seeking more... Read more »

1 Answer | Asked in Appeals / Appellate Law, Divorce, Family Law and Child Custody for Maryland on
Q: I lost a case in Maryland District Court, how long do I have to file an appeal for De Novo hearing in circuit court?

I want to file for an appeal of civil case I lost in the District Court in Maryland. I would like to please know how many days do I have before filling for an appeal to get a De Novo hearing in the circuit court?

Charles William Michaels
Charles William Michaels answered on Nov 28, 2020

A party has generally 30 days from the final judgment to appeal. If in the District Court the appeal goes to the Circuit Court.

2 Answers | Asked in Appeals / Appellate Law, Divorce and Child Custody for Maryland on
Q: If the plaintiff lose a case to the defendant, can the plaintiff file an appeal to have defendant trial twice?

The plaintiff file false domestic violence restraining order case in the District Court and was found to lie. The defendant won the case. Can the plaintiff file an appeal to have the defendant trail twice for the same case?

Charles William Michaels
Charles William Michaels answered on Nov 28, 2020

Either party who is dissatisfied with the results in the trial court can appeal. If the case was in the District Court, the appeal goes to the Circuit Court.

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1 Answer | Asked in Child Support, Divorce and Family Law for Maryland on
Q: Which percentage of the extraordinary medical expenses do I pay since my child support order has recently changed?

I was paying 73% of the extraordinary medical expenses for my kids. On 2 November it was lowered by the court to 54%. My ex sent me a bill on 5 November for September and October medical expenses and said I owed 73% since that was what the percentage was in September and October before it was... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 21, 2020

73%. Look at this way, do you want to be the parent who argues over needed medical treatment for the child and who pays it? If you wind up paying more than you think you "should" focus on the fact your child needed care.

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