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Maryland Divorce Questions & Answers
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.

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... 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... 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... 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.

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