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Maryland Divorce Questions & Answers
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.

1 Answer | Asked in Divorce for Maryland on
Q: Is a marriage contract from France (which calls for separation of assets of spouses) enforceable in Maryland

If a couple (one from each nationality) married in France and then lived in the United States, would the French marriage contract (signed, notarized, no duress) be valid?

Elizabeth Pugliese
Elizabeth Pugliese answered on Nov 3, 2020

It could be. It does depend on the circumstances just like any other contract between two adults. If the assets are divided fairly and there was no duress it could be considered valid. But it would have be reviewed by a Maryland attorney and it could still be challenged and a judge would... Read more »

1 Answer | Asked in Divorce for Maryland on
Q: Legal rights wrt equitable division of real estate property?

Finalizing divorce. Ex is re-financing the house in her name to get mine off of it. Current agreement is that she will give me 1/2 of the current equity of the house minus 10% of the value of the house to cover closing costs and other charges

when she sells it years from now. Do I have the... Read more »

Elizabeth Pugliese
Elizabeth Pugliese answered on Oct 10, 2020

One she pays you your share at the time of the divorce, you have no further rights to the home. The refinance removes you from the mortgage and the title. It is hers. If she sells in the future, she gets 100% of the equity. You are only entitled to what you built up together. Once you... Read more »

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 »

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