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Maryland Divorce Questions & Answers

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 »

1 Answer | Asked in Divorce for Maryland on

Q: What am I looking at paying for a device in Maryland with kids

Husband has agread to give me custody of the kids as long as he can see his when he wants

Nyasha A. West answered on Sep 24, 2018

It sounds like you are asking about an Uncontested Divorce with Children. Having a spouse on board with a divorce and a working idea of what you want to include in the child custody and child support agreement are great starts, but, divorce is a complicated matter and should be discussed with an... Read more »

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

Q: What is the process of getting an annulment?

I got married in May 2014 and I got a divorce October 2017. How do I proceed in getting an annulment?

// edit: If I was already granted an Absolute Divorce, is there no possible way to get remarried? Or since I got an Absolute Divorce, I am able to get remarried and that would be considered... Read more »

Elizabeth Pugliese answered on Sep 17, 2018

If you are already divorced, you cannot get an annulment. An annulment is a legal statement that the marriage should not have occurred in the first place based on very specific reasons. If you were granted a divorce, that means there was a legal finding that there was a marriage.

1 Answer | Asked in Divorce for Maryland on

Q: Is there a conflict of interest in a case in which a pro se learns the other side's attorney is a judge on the same

court as the presiding judge? No mention was made before/during the trial.

Pawnee A. Davis answered on Sep 7, 2018

When I evaluate what you said, the question hints at potential bias because the presiding judge and the opposing counsel (also a judge) are friends or know each other. If there is bias present in the judge’s decision making there could be a conflict of interest in which the judge ‘s decisions... Read more »

1 Answer | Asked in Divorce for Maryland on

Q: Is there a conflict of interest when a pro se is not informed husband's attorney is married to a judge on the same court

Mark Oakley answered on Sep 7, 2018

Not necessarily. However, any judge assigned to your case has an obligation to recuse themselves if they believe that a conflict, potential conflict, or appearance of conflict is present. In many jurisdictions there are so many judges that a particular judge may feel there is no bias issue if they... Read more »

1 Answer | Asked in Divorce for Maryland on

Q: What if one of the people who want a divorce does not want the other person to receive any monetary settlement ?

I am wondering if I am entitled to any cash settlement

Mark Oakley answered on Sep 3, 2018

The only way to find out is if you meet with a lawyer and go over your and your spouse’s incomes, assets, retirement/pensions, and liabilities. If there is marital property, then you have an interest in it equal to your spouse. All property and money accumulated during the marriage is, generally,... Read more »

1 Answer | Asked in Divorce for Maryland on

Q: If I receive a huge raise after my divorce, will it affect my spousal support payments?

Dawn Renee Gould answered on Aug 31, 2018

It may affect your payments but it depends upon what your Court Order states. Additionally, your ex would have to file to modify the payments and then the Court would hold a hearing to determine the accurate amount based upon the calculations.

1 Answer | Asked in Divorce for Maryland on

Q: I have printed out the forms needed to file a divorce, would someone be able to review them with me?

Pawnee A. Davis answered on Aug 19, 2018

Certainly. I invite you to look at my profile for my contact information.

1 Answer | Asked in Divorce for Maryland on

Q: I got married at the courthouse March 18' Mistake. What are my options to end this ASAP?

The person is unfit. We don't get along. I wasn't in my right state of mind. We don't even live together.

Elizabeth Pugliese answered on Aug 15, 2018

You can try for an annulment but that requires something that would have prevented the marriage from going forward in the first place, not just finding out later you were not a right fit.

Or you can both mutually agree to divorce. It merely takes a written settlement agreement of all...
Read more »

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

Q: In MD, are there ways around having to be separated for a year? Is it true this law is changing in October? Thank you.

Elizabeth Pugliese answered on Aug 13, 2018

You must be separated for one year unless you have reached a written agreement on all issues, financial, property and related to the child prior to filing for the Absolute Divorce.

1 Answer | Asked in Divorce for Maryland on

Q: US citizens, married abroad years ago; but no US marriage license. Can they legally divorce in MD where they live? How?

They have one minor child and been living together in MD for many years. They jointly own a home (mortgage) and have no major debts.

Elizabeth Pugliese answered on Aug 7, 2018

The location of the marriage does not matter as long as it was a valid marriage where it was performed. Maryland can grant a divorce from any valid marriage.

1 Answer | Asked in Divorce for Maryland on

Q: I have been married for only 2 months. Seeking divorce. There are no children, no assets, property, nothing. l

Mutual consent to divorce, do we have to wait a year still?

Pawnee A. Davis answered on Jul 30, 2018

You are correct that you can fie for a mutual consent divorce. This does not require a separation period. However, you must have a prepared separation agreement and there are a few other requirements that must be met that are in the Maryland Code. To get some help targeted to you particular... Read more »

1 Answer | Asked in Divorce for Maryland on

Q: Wife and I separated over 3 months. She refuses to sign separation agreement. What recourse for proceeding with divorce?

Nyasha A. West answered on Jul 17, 2018

In Maryland, to receive a no fault divorce, the parties must meet the following criteria:

1. No minor children in common

2. Signed separation agreement resolving all property and alimony issues

3. No rescission of the agreement and

4. Both parties must appear at the...
Read more »

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