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Maryland Divorce Questions & Answers

1 Answer | Asked in Divorce for Maryland on

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

He has taken all marital property and refuses to negotiate and sign an agreement. I do not have money to hire PI to prove adultery, and he is moving out of state soon. I know I will not know his whereabouts after the 12 month waiting period - what happens if I don't know where to serve final... Read more »

Dawn Renee Gould answered on Mar 14, 2019

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... Read more »

1 Answer | Asked in Divorce for Maryland on

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

How do I know if my divorce is filed?

Jac E. Knust answered on Mar 6, 2019

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... Read more »

2 Answers | Asked in Divorce for Maryland on

Q: I was separated from my husband 9years. I am ready to get a divorce. I don't know where he lives; however, I know where

Works. Should I tell the sheriff to serve the divorce papers to his job?

Mark Oakley answered on Mar 3, 2019

Yes. That is permissible.

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1 Answer | Asked in Divorce and Family Law for Maryland on

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?

Dawn Renee Gould answered on Feb 23, 2019

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... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Maryland on

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

Our relationship isn’t healthy and my daughter isn’t close with him. I have proof of him leaving her in the dark for 30 minutes when I went to work. He cheats on me and for the first 4 months of when our youngest was born, he wasn’t there at all. CPS came and did an investigation and told me... Read more »

Dawn Renee Gould answered on Feb 23, 2019

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... Read more »

1 Answer | Asked in Divorce for Maryland on

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?

no adultery was committed that I know of just believe this a choice we should have made

Mark Oakley answered on Jan 24, 2019

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.

1 Answer | Asked in Divorce and Family Law for Maryland on

Q: When filing for separation does the other party have to moved. There are no children between the two.

There is tension between us and I can afford the mortgage on my own and I want to buy him out but I need a year to do it.

Nyasha A. West answered on Jan 9, 2019

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...
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1 Answer | Asked in Divorce for Maryland on

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?

I live in Baltimore County just outside of Baltimore City. I do not have a current working phone. . Thank you. Please help. There are no issues with property or children.

Mark Oakley answered on Jan 4, 2019

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

1 Answer | Asked in Divorce for Maryland on

Q: My ex refused to find a place that is dog friendly,

so now I have to take care of the dog full time - is it reasonable expect that he will pay for the dog sitter and dog walker b/c now he doesn't have to do it?

Mark Oakley answered on Dec 16, 2018

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.

1 Answer | Asked in Divorce for Maryland on

Q: Married 18 years wife makes more that me I have a life insurance and 401. Will I lose this in a divorce

Jac E. Knust answered on Dec 16, 2018

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...
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1 Answer | Asked in Divorce for Maryland on

Q: Hello, I am married for 6 years and getting divorced. What are my rights?

Hello, I am married for 6 years and am not able to go my house because my husband's sister is living there. Since our first year of marriage every visit she tries to break us up. She is here on a tourist visa. Right now I am not working, will I be able to get alimony? Also, is what my sister in law... Read more »

Pawnee A. Davis answered on Dec 7, 2018

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.

1 Answer | Asked in Divorce for Maryland on

Q: If I am unemployed and my husband is unemployed also and disabled can I get my divorce for free?

Mark Oakley answered on Nov 17, 2018

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... Read more »

1 Answer | Asked in Divorce for Maryland on

Q: Can I file for divorce if I just moved to Maryland and we agreed to a mutual consent divorce after I moved?

I am originally from Maryland and I just moved back 2 months ago with my child after living in another state for a few years. My spouse and I agreed to separate/divorce by mutual consent after I moved back. I am reading that I must be a resident of the state for 6 months prior to filing. However... Read more »

Dawn Renee Gould answered on Oct 30, 2018

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.

1 Answer | Asked in Divorce and Child Support for Maryland on

Q: My ex wife applied for Campership and received a 2000 discount off our bill, she thinks that satisfies her portion 67/33

67/33% split. Should our percentage to income be calculated based on the final amount?

Elizabeth Pugliese answered on Oct 23, 2018

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.

1 Answer | Asked in Divorce and Family Law for Maryland on

Q: My husband filed divorce and it was finalized in May. I never signed the papers. Could I ask for alimony?

I didn't respond to the notice because I couldn't find a lawyer in time. I found out that he has income greater than explained to me. He has been sending me over $500 a month. We have a child support order but its only for $111 a month.

Elizabeth Pugliese answered on Oct 15, 2018

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.

1 Answer | Asked in Child Support and Divorce for Maryland on

Q: I want to file for divorce but they told me I need something from child support but I pay my ex myself.

When we split we agreed to a certain amount and I pay that. I am not sure what paper they are talking about because when I called child support they could not help me since they did not have me in their system. I am looking for answers so I can put this behind me.

Elizabeth Pugliese answered on Oct 8, 2018

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... Read more »

1 Answer | Asked in Criminal Law, Divorce and Personal Injury for Maryland on

Q: Legal options for woman raped and assaulted by former husband

Hi

A woman I know divorced 4 years ago. However even to this day verbal abuse continues that is very bad. In the 12 years they were married, she was physically abused and raped by her former husband. He is in the military and she went to them for help and they would not help her. Our... Read more »

Joseph D. Allen answered on Sep 28, 2018

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,... Read more »

1 Answer | Asked in Child Support, Civil Litigation, Divorce and Family Law for Maryland on

Q: Question on if a divorce agreement can be changed 4 years later

Hi

My question is, due to the emotional and physical abuse to the woman at the time, is it possible to go back and ask for a change to a divorce settlement bc the woman at the time was not of the right mind to carefully examine and understand her options and rights under the law?... Read more »

Elizabeth Pugliese answered on Sep 28, 2018

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...
Read more »

1 Answer | Asked in Divorce for Maryland on

Q: Can one spouse unilaterally establish a trust fund for their child so that the other spouse has no access to the money?

Have concern that my spouse is trying to keep monetary assets from me when divorce arrives by putting it in a trust fund for our child. Can that be done without my consent?

Jac E. Knust answered on Sep 27, 2018

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... Read more »

1 Answer | Asked in Divorce for Maryland on

Q: I Separated 2 yrs ago: my lawyer retired, his died. Legal separation filed in court. How do we divorce w/out lawyers?

The separation agreement includes division of all assets and timeline for support.

Jac E. Knust answered on Sep 27, 2018

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... Read more »

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