Get free answers to your Family Law legal questions from lawyers in your area.
In the state of Maryland, can my spouse refuse to leave our jointly owned home after I file for divorce, considering there are no children involved and my spouse is emotionally abusive? There are currently no legal protections or restraining orders in place.
answered on May 6, 2025
Yes. While less than optimal, there are circumstances where spouses intending to terminate their marriage remain in the same household during the actual proceedings due to financial or other circumstances.
However, if you are the victim of "abuse" as defined by Maryland's... View More 
I've been receiving Social Security disability benefits for four years, and child support has been deducted directly from my checks. Despite submitting all the necessary paperwork to the child support agency, they claim there is no record of these payments, resulting in my driver's... View More
answered on Apr 25, 2025
No, they cannot be sued. However, it appears that the OCSE is not getting the money, so the issue probably lies with the SSA. I imagine the DOGE impacts on SSA with all the firing of telephone help, terminating the workers who process and manage the payments system, and freezes and delays on... View More
I have full sole legal and physical custody of my child in Maryland. I'm planning to move to Florida but need to know if I need to go through the courts or notify the other parent, who has not exercised his visitation rights in 7 months. He was supposed to have visitation every other weekend... View More
answered on Apr 22, 2025
Notice of intent to relocate with your child may be required in (1) provided for in your signed marital settlement and custody agreement; or (2) provided for in your divorce decree or custody order. Here is the Maryland statute that addresses the issue, which provides a 90 day advance notice in... View More
In 1992, a court ordered the father of my two children to pay child support, but I have not received any payments for over 30 years, except for a one-time payment of $300 when he was released from jail to avoid losing his driver's license. He's recently inherited money from his parents.... View More
answered on Apr 20, 2025
Generally speaking, a court order for unpaid child support first needs to be enforced by bringing a motion to enforce the order, which requires the court, based upon the evidence of nonpayment presented, to calculate the total amount of the child support arrearage. That amount is then reduced to a... View More
I am a divorced father in Maryland and have been paying child support for over 13 years, with shared 50/50 physical custody of my two children. My eldest child is 19 and in college, while my youngest will turn 18 and graduate high school in May 2025. The other parent is aware of my intention to... View More
answered on Apr 18, 2025
Unless there is an earnings withholding order served on your employer that is automatically garnishing your pay to cover your child support obligation which you need to terminate, you simply stop paying as soon as your child turns 18 or graduates high school (whichever is later). No petition to... View More
I have a 50/50 custody agreement with my child's other parent, where we have 3 days on and 3 days off. The child's mother uses daycare for her custodial days because of her work requirements. However, I do not need daycare during my custodial days. There is no provision in our custody... View More
answered on Mar 31, 2025
A court can always modify a child support agreement in accordance with the Maryland Child Support Guidelines, which are mandated by statute and generally cannot be waived by agreement of the parents. So either parent can go to court to modify an agreed child support arrangement using the... View More
I am seeking assistance in Maryland for a custody issue concerning my children and need a pro bono family lawyer. The father currently has the children and is not allowing me, the mother, to see them, and we were never married. Are there specific legal aid organizations or programs in Baltimore... View More
answered on Mar 24, 2025
Maryland Volunteer Lawyer Service (MVLS) offers legal assistance through volunteer attorneys to persons of limited means. You can contact MVLS through their website https://mvlslaw.org/free-legal-help/ or by phone at 410-547-6537 (Mon-Thurs).
Additionally, the Circuit Courts offer pro se... View More
I am scared of my children's father and want to obtain joint custody, but he refuses to let me break up with him, threatening to hurt me and take my kids. I have not taken any legal action against him, and currently live in a hotel with my kids until moving into my own place on April 1st. I... View More
answered on Mar 14, 2025
If your husband is placing you in apprehension of imminent serious bodily harm, you can petition the court (either District or Circuit) for a Protective Order. That Order could require your husband, by example, to refrain from having any contact with you, staying away from your current residence,... View More
I'm planning to form an LLC and would like to structure it so that my wife does not have access to it due to a possible divorce. We do not have any premarital agreements in place. Can you advise on how I might structure the business and what legal considerations I should be aware of?
answered on Mar 6, 2025
Any business you create in any form during your mariage becomes marital property. Your spouse may not necessarily have "access" in the sense of control, but she would have a claim to half the ownership or at leat half the value of the company. For instance, you can create an LLC and be... View More
I am currently married but separated from my spouse, who has just passed away. There were no legal arrangements made during our separation. We have children together, and there were no pending divorce proceedings at the time of his passing. I am unsure if there is a will or any significant assets... View More
answered on Feb 24, 2025
Consult a lawyer about this. A lot depends on whether there is a will or not, and whether the children are minors or not. In addition, how your assets are titled and whether any assets solely in his name have beneficiaries (transfer on death or “TOD”) designated, have a big impact. As surviving... View More
I am currently married but separated from my spouse, who has just passed away. There were no legal arrangements made during our separation. We have children together, and there were no pending divorce proceedings at the time of his passing. I am unsure if there is a will or any significant assets... View More
answered on Mar 20, 2025
If you did not waive rights in a prenuptial, then as surviving spouse you would stand in priority to open the estate. If your husband had no Will then the property would pass under the laws of intestate succession. How property would be distributed without a Will depends on whether your husband... View More
answered on Dec 27, 2024
The answer to your question only really matters from a legal standpoint when you divorce. How the parties manage their money during marriage is entirely up to them. A spouse has no legal right to access their spouse’s inherited funds or to take gifts given only to them, if their spouse refuses.... View More
My ex-husband passed away this year. We were married for nine years and divorced in 2008. We both are 52 years old. My ex-husband has adult children and no will. Am I entitled to any of his benefits, such as life insurance, pension or social security? I was listed as the beneficiary on all... View More
answered on Nov 25, 2024
Upon divorce, each spouse is automatically removed by law as a beneficiary under their ex-spouse’s estate, even if they are named in a will at the time of the divorce. So you are not entitled to any distribution under your ex spouse’s estate.
In order for an ex-spouse to qualify for a... View More
He has an untreated undiagnosed mental illness, he has not worked in a year, he is verbal, emotional, financial abusive to both me and kids
answered on Nov 11, 2024
It is possible to do so as part of your divorce, but that would be up to the judge after trial unless the two of you agree to remove him from the deed as part of a settlement of your divorce and all property and support issues. Ordinarily, the marital home is either bought out by one spouse paying... View More
answered on Oct 16, 2024
Maryland Family Law Code 9-102 allows for grandparent visitation in the best interest of the child; however, it is limited by the Cnstitutional rights of the biological parents to control decisions regarding their children. The Supreme Court of Maryland (formerly called the Maryland Court of... View More
We want to protect his business from creditors until he is able to return to work.
answered on Aug 28, 2024
The best option is if he is mentally competent enough to sign a power of attorney that has a robust business management power section. If he is not mentally competent, then you will need to petition for guardianship. It is possible to do so on an emergency basis if there is an emergency, but it... View More
I would like to obtain my father's birth certificate. He is deceased, and he was born in Maryland. The Division of Vital Records in Maryland only allows people who are listed on the birth certificate (the parents of the child, and the child born) to request an official copy of the birth... View More
answered on Jun 18, 2024
How much money is it worth to spend in order to get a birth certificate of a deceased ancestor? What information is on the birth certificate that you cannot obtain anywhere else?
If you must have it, then you file a "Petition for Appropriate Relief" in the Circuit Court where you... View More
Legal name change of an adult - non marriage or divorce
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 15, 2024
For a legal name change for an adult not related to marriage or divorce, the specific requirements can vary by state. Generally, you will need to provide proof of identity, such as a driver's license or birth certificate. Whether these documents need to be notarized depends on your... View More
My mother is 80 years old and lives in Florida. We'd like to sell her home and have her come live with me ( a married woman) in Maryland so that I may care for her as she ages in place. We'd like to use the proceeds of the sale to purchase a home in Maryland. I would apply for a home... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 29, 2024
When considering purchasing a home together with your mother, who is a recipient of Supplemental Security Income (SSI), it's important to understand how co-ownership might impact her benefits. SSI eligibility is sensitive to income and assets. However, a primary residence is not counted as an... View More
Paid 3 thousand dollars for guardianship case for my handicapped brother and it’s turned into an absolute nightmare.
answered on Feb 20, 2024
If the attorney-client relationship is not repairable due to the attorney, and you have a pending case/guardianship matter, you should contact a competent family lawyer right away. It is possible that if you explain the situation, they will work with you regarding attorney fees. You will want to... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
