Maryland Divorce Questions & Answers

Q: Husband left Jan 2019. I'm willing to wait 12 months; however, he is moving out of state. Refuses no-fault option

1 Answer | Asked in Divorce for Maryland on
Answered on Mar 14, 2019
Dawn Renee Gould's answer
I would file for divorce ASAP so that you can serve him while he is still living here. He will then have to return here for any and all court dates. You can file for a limited divorce if you don't meet the grounds for an absolute divorce and then upon meeting any ground for absolute divorce, you just amend the original pleading.

Q: Hello. How do I know if my divorce is filed?

1 Answer | Asked in Divorce for Maryland on
Answered on Mar 6, 2019
Jac E. Knust's answer
Except for the larger population jurisdictions, e.g. Montgomery County, PG County, and Baltimore City all filing is now required to be done electronically by lawyers. Clerks review papers for correctness per MD Rules before accepting them for filing, but almost all cases files by lawyers using the old paper system (see above jurisdictions) are done correctly and readily accepted by the Clerk within a few days of filing. Case loads vary by jurisdiction, staffing, weather, etc. Judges rarely...

Q: In court last week there was a new court order made but has not been signed yet. Is the previous court order in place?

1 Answer | Asked in Divorce and Family Law for Maryland on
Answered on Feb 23, 2019
Dawn Renee Gould's answer
If the Judge ruled on the record then that ruling is an Order. However, your question is very vague. The ruling could've been only a ruling on a certain issue which means that all other orders are still valid regarding other issues. Your question is lacking too much information to truly tell what occurred.

Q: I’m separating from my husband &want to move out of Maryland to another state and there’s no custody arrangement

1 Answer | Asked in Child Custody, Divorce and Family Law for Maryland on
Answered on Feb 23, 2019
Dawn Renee Gould's answer
It's probably prudent to file for custody prior to moving. However, without a custody agreement, you are free to move anywhere. The risk that you run if you move with your daughter is your husband filing for custody and then you'll have to return to MD to defend the suit. You said that you are separating so a custody agreement can be part of your separation agreement and if he agrees to all property distribution as well then you won't have a waiting period to get divorced.

Q: Married 6 months ago and want to file for a mutual consent divorce. Do I need to married a full year in order to file?

1 Answer | Asked in Divorce for Maryland on
Answered on Jan 24, 2019
Mark Oakley's answer
No, if you have a signed separation and property settlement agreement that resolves all issues, then you can file immediately regardless of the time that has passed. When filing in this way, both parties must appear in court in person at the hearing to confirm they agree to it.

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

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