Posted on February 14, 2025 in Family Law

Between January and August 2022, 311 protective orders were issued in the state of Maryland, and 344 were issued between January and August 2023. The category contributing to the largest percentage of this increase involved claims of stalking. While the terms peace order and protective order are often used interchangeably, they are not the same, even though they are both civil orders issued by a judge.

Many people still think of these types of orders as "restraining orders," although that is no longer the terminology in Maryland. Those seeking a protective order or peace order may only qualify for one or the other, but not both. If you are unsure whether you need a protective or peace order, speaking to an experienced Gaithersburg, MD family law attorney can be beneficial.

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 Posted on February 07, 2025 in Child Custody

Father’s Rights during Divorce and Custody cases in Maryland

When you think of the custody of children, many people assume (wrongfully) that a mother has a superior right to custody because she is the mother and/or she birthed the child.  Nothing could be less true!  While in the past, custody and visitation rights heavily favored towards mothers, legal perspectives have finally evolved, recognizing that fathers play an essential and irreplaceable role in the upbringing of their children. The Court looks at the child’s best interests, considering factors such as emotional ties, stability, and the capacity of each parent to provide for the child’s needs.

Our courts recognize that both parents have valuable contributions to make in a child’s life. This approach is laid out in various statutes and case law precedents that guide custody and visitation decisions.

What are fathers’ rights to custody and visitation?

Fathers in Maryland are entitled to equal consideration when it comes to custody and visitation. The courts do not favor mothers over fathers by default. In fact, the United States Constitution itself gives parents the Constitutional right to parent their own children.  Fathers seeking custody must demonstrate their involvement in their child’s life, their ability to provide a stable environment, and their commitment to the child’s well-being. But, just because you’re a father does NOT mean you aren’t entitled to equal parenting time with your child.

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 Posted on January 27, 2025 in Property Division

One of the questions I get asked most often is whether a spouse whose significant other "cheated" on them can benefit financially from that spouse’s behavior.  The answer is, "It’s possible."

On October 1, 2023, Maryland became a no-fault divorce State. As such, adultery has been eliminated as a ground for seeking a divorce. In other words, Maryland changed to a "no fault" divorce State, which is in line with most other States.  Divorce can be requested and granted for the following reasons/grounds:

• Irreconcilable differences

• The couple has lived apart for at least six months or

• The couple seeks a divorce by mutual consent

Can Adultery Affect the Outcome of a Divorce? 

Even though adultery is no longer a reason/ground for divorce, adultery can — and will — still be a valid consideration in Maryland divorce proceedings. This is because Maryland divorce courts are still required to take into account the "reasons for the estrangement" of the couple when making decisions about alimony and division of property. That’s what "sitting as a Court of Equity" literally means.   

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 Posted on January 22, 2025 in DUI

Maryland’s Highway Safety Office reported that alcohol-impaired drivers contribute to about 35 percent of all fatal auto crashes across the state. The FY2024 report from Zero Deaths Maryland identified repeat DUI offenders as a "persistent issue." While no one is in favor of impaired drivers on Maryland’s roadways, there are times when an over-zealous officer charges a person who was not actually impaired with DUI.  

Being charged with a DUI has many repercussions, both legal and otherwise. In addition to potential jail time, high fines, and the suspension of the offender’s driver’s license, collateral consequences can include the loss of a job, the inability to secure employment, prohibitively high insurance rates, and social stigma from family, friends, and neighbors.

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 Posted on February 21, 2024 in Divorce

Preparation is Key, Including Knowing your Financial Accounts

• Divorcing a narcissistic spouse is typically high-conflict and overwhelming so it’s important to mentally and legally-prepare.
• Ending the marriage requires organization, strength, and a team of dependable, supportive individuals.
• Strategies including enlisting a strong attorney and therapist, keeping rigorous records, and cutting off direct communication except as necessary to effectuate the transfer of children from one home to another.

The Signs of Narcissism

Because the ego of a narcissistic person is fragile and his or her self-esteem so heavily guarded, a narcissist’s thoughts and therefore behaviors are armored, protecting them from their own self-loathing that is at the very core of their being. Many narcissists suffered emotional pain as children and cover for that pain in the way they attach to others.

How to Approach Divorce with a Narcissistic Partner

1. Please hire an attorney before approaching your spouse with the plan to divorce.
Important note: If you believe you or your children are in immediate danger, do not remain under the same roof and do not wait to act. You can call 9-1-1 or seek a protective order in the State of Maryland. A protective order can protect both yourself and your minor child(ren).

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 Posted on July 26, 2022 in Property Division

Maryland is an equitable distribution state, which means that marital property is divided based on a number of factors as part of a divorce decree. These factors may include your income, your partner’s income or your ability to work. Your age, physical condition and whether or not you have children may also be considered relevant during the property division process.

What is held within the marital estate?

As a general rule, anything that is acquired during the marriage is considered to be a part of the marital estate. Marital assets might include a home or car that was purchased with joint funds, or money inside of a brokerage or retirement account. It’s worth noting that an asset may be considered part of the marital estate even if only one name is on title documents. It’s also worth mentioning that any appreciation in an asset that takes place during a marriage might be considered a joint asset in a divorce proceeding.

Be careful when it comes to commingling assets

Assets that begin as separate property may lose that status if they are used to acquire or maintain a joint item. For instance, if you deposit money from an inheritance into a joint bank account, the money will likely convert from a separate asset to marital property. The same is true if you used joint funds to maintain a home that you owned before getting married.

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 Posted on July 12, 2022 in Child Support

Maryland law requires a parent to financially support a child regardless of that person’s relationship with the minor’s other parent. A family law judge will evaluate a variety of factors when determining how much you should pay each month. If you fail to abide by a judge’s order, assets such as a home, car or the funds inside of an individual retirement account might be garnished.

IRA funds are not protected by state or federal law

Maryland law generally makes pensions and other employer retirement plans exempt from garnishment. However, this is not the case with an IRA because it is not a qualified account. In fact, your retirement savings may not be safe from being garnished even if you file for bankruptcy.

What happens if you file for bankruptcy?

If you do decide to file for bankruptcy, up to $1,362,800 in IRA funds may be deemed off-limits to creditors per the federal Bankruptcy Abuse Prevention and Consumer Protection Act. However, since child support payments are considered a priority debt, this legislation may not apply in your case. It is important to consider that filing for protection from creditors may result in other debts being discharged. This might free up enough money to get current on your child support obligations without losing any property.

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 Posted on June 27, 2022 in Property Division

Going through the divorce process can be emotional when you decide to choose this option in Maryland. In this situation, evaluating each step is essential to ensure you don’t make any costly mistakes. This action will help provide safeguards so that you stay financially and emotionally healthy after the divorce has been completed.

Starting the divorce process

After choosing to divorce, you’ll need to gather financial information and determine what you own. Collecting information on your debts should also be done to determine what you owe. You’ll also need documentation showing your income. Establishing your own credit by obtaining a credit card opened in your name only is another step you can take. Evaluating and protecting financial accounts can also be a critical action to take. Doing so helps ensure you can live comfortably after you separate.

Knowing how your retirement is handled during a divorce is essential

If you’re facing divorce, it’s critical to understand how your pension or retirement plan is handled. Most accounts and plans have specific procedures. These must be followed when retirement assets are being divided in a divorce.

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 Posted on June 09, 2022 in Divorce

The notion that spouses married for many years or remarried at an older age will not divorce is not correct. Many couples over age 50 file for divorce in Maryland family courts.

In this blog post, we will look at some of the issues related to older couples’ divorces.

What causes divorces for older couples?

Many reasons contribute to divorces for older couples.

Financial concerns, not surprisingly, often drive a wedge in a marriage. Worries about retirement years and nest egg savings can become more severe as people age. In the opposite scenario, one spouse worries about retirement savings while the other continues spending or putting retirement funds at risk.

"Empty nest" refers to changes in the household after children become adults and move away. When the children are gone, the spouses find themselves unable to live together and problems ensue.

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 Posted on June 08, 2022 in Divorce

Divorce can be an emotionally challenging time for Maryland couples. The end of a marriage can be a complicated time to process your changing feelings and relationship. However, it is also a very practical process with major financial implications for the future. Even when the divorce is relatively amicable, there are still important matters to resolve about how to divide assets, handle child custody and support, and manage any alimony. By having key documents prepared for your first meeting with your divorce attorney, you can get ready for the changes to come.

Get ready by assembling a file

When it comes to negotiating a divorce settlement, paperwork is one of the most important things that you can provide. When you meet with your divorce lawyer, you can bring a file with you that contains key financial documents, property records and other legal documentation. This will enable your attorney to move forward with your case more quickly and communicate more effectively with your spouse’s lawyer.

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