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Maryland Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Maryland on
Q: (Maryland) I have not received an increase in my ex-husband's pension since it began in 1997. What are my legal options?

As part of my divorce, my ex-husband agreed and was part of the judge's decree, that he would pay me 10% of his military pension until one of us died. This took effect in 1997, however, I have not received an increase since then. (He sends the monthly check directly to me; it is not through... View More

Mark Oakley
Mark Oakley
answered on Jan 14, 2024

If you were married at least ten years during the time that your ex was in the military, then you can get the pension award issued in the form of a special court order served on the military to receive direct (and retroactive) payment of what you are owed. Either way you will need to file a motion... View More

2 Answers | Asked in Bankruptcy, Divorce and Family Law for Maryland on
Q: what is my Ex's financial responsibility, if any, to a debt i incurred 3 years after our divorce?

My wife and I get a divorce and I'm ordered to pay some alimony.

Three years later I'm in and out of psych wards depleting me to bankruptcy.

Is my wife legally responsible to any of my own debt or past/future expenses of

a psych ward or nursing home?

Would... View More

James L. Arrasmith
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answered on Nov 27, 2023

In general, after a divorce, each ex-spouse is typically responsible for their own debts incurred after the divorce decree is finalized. This means that debts you acquired three years after your divorce, including those related to medical or psychiatric care, would usually be your responsibility,... View More

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Maryland on
Q: Can a postnuptial agreement or Divorce decree free a spouse from creditors collecting on the other spouses debt?

My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 21, 2023

If you file a Chapter 13 petition in the future, it includes a co-debtor automatic stay for claims "dealt with by the Plan".

Filing a bankruptcy does not create a liability in a non-filing spouse. If she is currently liable as a joint obligor, then she remains liable for that...
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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Maryland on
Q: Can a postnuptial agreement or Divorce decree free a spouse from creditors collecting on the other spouses debt?

My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.

Martha Warriner Jarrett
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answered on Nov 22, 2023

It depends on where you live. If Maryland is a community property state, then you are both equally liable on all debts incurred during the marriage, regardless of whose name is on the contract. Although a post-nuptial agreement or divorce decree can assign responsibility to one spouse or the other... View More

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3 Answers | Asked in Bankruptcy, Divorce and Family Law for Maryland on
Q: Can a postnuptial agreement or Divorce decree free a spouse from creditors collecting on the other spouses debt?

My wife is worried that if we divorce and I eventually went bankrupt that she will be legally responsible for my finances. She thinks that there's a 5 year look back so if I went bankrupt within 5 years of our divorce finalization that creditors can legally claim her as liable.

James L. Arrasmith
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answered on Nov 27, 2023

In Maryland, a postnuptial agreement or a divorce decree can define financial responsibilities and liabilities between spouses, including those related to debts. If properly drafted and executed, these agreements can clarify that your wife is not responsible for your debts incurred after the... View More

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: Can I have divorce papers served via certified mail to his adult sister whom he lives with and collects his mail?
T. Augustus Claus
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answered on Nov 2, 2023

Yes, you can have divorce papers served via certified mail to your spouse's adult sister, whom he lives with and collects his mail. This is a valid method of service under Maryland law.

Once the certified mail package has been delivered to your spouse's adult sister, she must sign...
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1 Answer | Asked in Divorce for Maryland on
Q: If a man gives a woman an engagement ring and then he calls off the engagement/wedding is the ring his property or hers?
Jason Ostendorf
Jason Ostendorf
answered on Aug 4, 2023

I see you're in Edgewater, MD. Although I'm a <a href="https://www.ostendorflaw.com/practice_areas/maryland-divorce-lawyer.php">divorce lawyer in Baltimore County</a>, I can provide some general guidance on this issue as it's a common question that often arises... View More

2 Answers | Asked in Arbitration / Mediation Law, Child Custody, Child Support, Divorce and Family Law for Maryland on
Q: What happen if I respond for a mediation meeting without being legally served? does it make me being legally served?

I was compelled to meet in a zoom meeting for mediation for child support in CA. But I already initiated a complaint for divorce, child support and custody in Maryland. Do I have to attend it? what is going to happen with the action in Maryland?

Mark Oakley
Mark Oakley
answered on Jul 12, 2023

You need a lawyer to review the jurisdictional issues. The Uniform Child Custody Jurisdiction and Enforcement Act has been codified in both CA and MD (and every other state, I believe) and there must be a hearing first to determine which state court will hear the case and exercise jurisdiction... View More

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: I filed for divorce first in Pennsylvania, can my ex file in another state months later?

I filed for divorce in Pennsylvania. My ex and i lived there during the marriage. We separated, i moved to Maryland and filed for divorce in Pennsylvania My spouse claimed she wasn't properly served. My attorney sent the divorce papers certified mail. My ex responded, we signed a marital... View More

Mark Oakley
Mark Oakley
answered on Jul 2, 2023

Who cares where you get divorced? You have a signed separation and property settlement agreement which I assume resolves all issues between you, so why expend time and money arguing over which court to get the divorce judgment from? If both parties voluntarily participate in one of the divorce... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Maryland on
Q: How long does it take to get a to get a divorce case that was obtained on major fraud in front of the Maryland Supreme C

It has already been appealed but the majority of the evidence found after the fact.

Mark Oakley
Mark Oakley
answered on Jul 1, 2023

An appeal from the circuit court goes first to the Appellate Court of Maryland (formerly called Court of Special Appeals). Although the Supreme Court of Maryland (formerly the Court of Appeals) has the discretion to take jurisdiction over an appeal pending before the Appellate Court, it rarely does... View More

1 Answer | Asked in Family Law and Divorce for Maryland on
Q: I live in MD and have been separated from my husband for seven years with no contact. Can I file for alimony?

I'm facing homelessness in 2 months. I don't have a car and can't get a job without one. I severely broke my ankle in 2016 and had complications after my first surgery that led to a second surgery. Complications have continued and limit me to not being able to be on my feet for more... View More

Mark Oakley
Mark Oakley
answered on Mar 9, 2023

"Can" you file for alimony? Yes. Will a court award you alimony? Not enough facts to evaluate that claim. 7 years separation with no contact will not help, but is not determinative. Length of marriage prior to separation, total length of marriage including period of separation,... View More

1 Answer | Asked in Divorce, Appeals / Appellate Law and Libel & Slander for Maryland on
Q: "Brief to Appellate Court shall be securely bound along left margin". What is the standard way of doing it for judges?

Are there any photographs of properly bound briefs, so that I know how to conform to what is expected? Maryland Rules do not go into sufficient detail.

I have been forced to be a Pro Se defendant, in appealing to the Appellate Court of MD. My wife, a former attorney, has successfully... View More

Charles William Michaels
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Charles William Michaels
answered on Mar 6, 2023

The brief should be "spiral bound" along the left margin. Staples are not accepted. Any quality copy center or brief printer should be able to help you. And if you are the appellant--the brief cover must be yellow, as well as the record extract. The brief should be printed on ONLY one... View More

1 Answer | Asked in Divorce for Maryland on
Q: I'm going through a divorce & I just discovered that my wife for the first 8years of the marriage she committed fraud

We got married in 2004 & unbeknownst to me we were living in section 8 housing & she was using her maiden name to obtain benefits

Mark Oakley
Mark Oakley
answered on Feb 25, 2023

You need to be careful about how you use or report this information. You benefited financially from this fraud, by way of subsidized housing. How do you explain having such low housing expense all those years, without knowing the reason for it? If you received a benefit you were not entitled to,... View More

1 Answer | Asked in Family Law and Divorce for Maryland on
Q: Can a Non-modifiable alimony agreement be changed?
Mark Oakley
Mark Oakley
answered on Feb 17, 2023

By a court, no:

Family Law Code 8-103:

(b) The court may modify any provision of a deed, agreement, or settlement with respect to spousal support executed on or after January 1, 1976, regardless of how the provision is stated, unless there is a provision that specifically states...
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2 Answers | Asked in Divorce for Maryland on
Q: I co-signed my husband's car, and he refuses to pay for it and is hiding it. He now said he abandoned it. What do I do?

Could the judge do anything about the bank coming after me for the car loan?

Mark Oakley
Mark Oakley
answered on Feb 2, 2023

As a co-signer, you owe the full balance of the loan. Your husband's actions are no defense. If both you and your husband are co-defendants in a lawsuit, you can file a cross-claim against your husband if your arrangement was that he was to pay for the whole loan, and then you'd have a... View More

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1 Answer | Asked in Divorce and Family Law for Maryland on
Q: My ex is in arrears for alimony in Maryland, he pays something each month but not the full amount
Mark Oakley
Mark Oakley
answered on Jan 17, 2023

You can file a motion to (1) hold your ex in conempt of the court order to pay the full child support amount, and (2) enforce the child support order. You will need to list the total amounts over the time period he should have paid, and th amounts he actually paid, to support your motion. If you... View More

1 Answer | Asked in Divorce for Maryland on
Q: What do i need to present to the law to get a divorce and the COST. Thank you Jbm
Mark Oakley
Mark Oakley
answered on Nov 27, 2022

Impossible to answer on these facts. First, I would urge you to call a divorce lawyer, and provide a few salient details: how long married; any minor children; employment income of both spouses; real property; financial assets; retirement/pension assets; abuse allegations; separated or not; have... View More

1 Answer | Asked in Real Estate Law and Divorce for Maryland on
Q: How can my ex husband take over the condo? He isn’t on the mortgage though! He won’t be able to refinance?

I am on the mortgage he isn’t. But we are both on the deed. What is the process of how he can take the condo from me and my name come off?

What happens if my mortgage loan is not assumable though and my mortgage doesn’t transfer to

Him?

Baltimore county signed off on... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 2, 2022

A names "comes off" property by a deed that gets recorded in Land Records. If this wasn't handled in the divorce, you may want to talk to a real estate attorney who can prepare a deed conveying to your ex.

A deed does not change who has responsibility on a mortgage, but...
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1 Answer | Asked in Divorce and Real Estate Law for Maryland on
Q: Can my ex husband who isn’t on the mortgage take over? We just got divorced

He isn’t on the loan but my name and his name is both on the deed. My name is only on the loan. How does this work if he want to take over the loan? He keeps telling me he can just take over the mortgage loan

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Nov 1, 2022

Generally speaking someone cannot transfer ownership of property without paying off the mortgage balance in full. However, things are a bit different for a husband and wife. A federal law called the Garn St. Germain Act allows a spouse to essentially take over a mortgage for a home if they are... View More

2 Answers | Asked in Foreclosure, Real Estate Law and Divorce for Maryland on
Q: If my ex husband isn’t on my mortgage but deed only can he take over my loan?

We are both on the deed. He isn’t on the loan but wants to take the condo over. I have a conventional loan only and I been researching this that this type of loan isn’t assumable. So how can he take over the loan? He can’t refinance the loan either can he?

Liu "Margaret" Yang
Liu "Margaret" Yang
answered on Nov 1, 2022

Most mortgages aren't assumable, so he won't be able to "take over" the loan. Refinancing is the only option. If you remain on the deed, you'll probably have to sign the mortgage (not the note), so you may talk to a real estate attorney about the option of transferring the... View More

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