Posted on January 19, 2018 in Uncategorized

There are often many myths associated with divorcing. Below, please find some common myths and commentary.

1.  The Mom will always get custody of the kids.  Nope! Custody or access time is a continuum and absent a horrible situation both parents will see the child.  If one parent withholds the child, custody can secede to the other side.  Generally, the parent who has the child for more than 65% of the overnights (256/365) is said to have primary physical custody. If the other parent has more than 35% of the overnight (128+) then the parents share physical custody. The Court determines the custody arrangement based on all sorts of factors to include parent work schedules, geography and logistics, past parenting, communications, involvement with school, doctors, sports, etc.
2. The Court will “Ding” Me for Sleeping with Someone Else while Married.. Not really.  If a spouse is cheating but not involving the children in any way, not doing it in a way that is designed to humiliate the faithful spouse, and not spending a lot of money on the paramour, then the adultery will not significantly affect custody or the division of marital property. In Maryland, if you can prove adultery you can get a divorce without any waiting period at all, and technically you could live in the house during the divorce. Still, adultery is a crime subject to a $10 fine in Maryland and it may reduce the amount of alimony that will change hands.
3. My kids are going to decide who they want to live with.  Not exactly.  While teenagers will “think with their feet,” and stay with whomever they want, in Maryland, Judges do not let kids pick who they live with, and Judges do not like it when a parent puts a child in that position. That in and of itself could be the main reason someone loses primary custody. The older the child is the more his or her choice may be considered but generally Judges want the child to be represented by a Best Interest Attorney (BIA) so the Court can hear the child’s preference and the reasons for that preference.  Judges don’t like kids testifying in court.  Once your child reaches age 16, he/she can file his own petition for custody/emancipation.

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 Posted on August 11, 2017 in Uncategorized

Will I get alimony? For how long? These are questions often asked of a divorce lawyer.  See comment from a recent Court of Special Appeals case on the matter:

A trial court has broad discretion in awarding alimony, which may include both
rehabilitative and indefinite components.” Innerbichler v. Innerbichler, 132 Md. App.
207, 246 (2000). Family Law § 11-106(b) of the Maryland Code lists “all the factors” a
court is required to consider for “a fair and equitable award,” including:

(1) The ability of the party seeking alimony to be wholly or partly self-supporting; 
(2) The time necessary for the party seeking alimony to gain sufficient education or training to enable that party to find suitable employment; 
(3) The standard of living that the parties established during their marriage;
(4) The duration of their marriage;
(5) The contributions, monetary and nonmonetary, of each party to the well-being of the family; 
(6) The circumstances that contributed to the estrangement of the parties;
(7) The age of each party;
(8) The physical and mental condition of each party;
(9) The ability of the party from whom alimony is sought to meet that party’s needs while meeting the needs of the party seeking alimony; 
(10) Any agreement between the parties;
(11) The financial needs and financial resources of each party, including:

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 Posted on August 11, 2017 in Uncategorized

If you follow legislative updates as to domestic law in Maryland, some of the below cases may be helpful to read:

1. Polygraph tests don’t come into evidence. They are unreliable.   In re. A.N., B.N., and V.N., 226 Md. App. 283, 127 A. 3e 644 (2015).
During a permanency planning hearing for a CINA case, the trial court made a determination that relied upon a recommendation that included evidence of a failed polygraph test. Permanency planning hearings, unlike divorce hearings, are given significant flexibility regarding the type of allowable evidence. In Maryland, polygraph tests are not typically admissible as evidence. The Court of Special Appeals ruled that even with flexible evidence rules, polygraph test results are inadmissible.  They lack reliability.

2. No automatic rights to paternity testing. Davis v. Wicomico County Bureau of Support Enforcement, 222 Md. App. 230, 112 A.3d 1024 (2015).
Not sure whether a specific man is the father of your child? A party only has a right to a paternity test in a proceeding to set aside or modify a “Declaration of Parentage.” If the contesting party allows the 60-day recession period to lapse, the affidavit can only be challenged on the basis of fraud, duress, or material mistake of fact. After the 60-day period, excluding the previously mentioned challenges, the putative father forfeits his right to contest paternity by requiring a blood or genetic test.

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 Posted on April 11, 2017 in Uncategorized

I am asked very often whether there is a lawsuit remedy for people posting things on Facebook and Instagram that is defamatory.  Here is the low-down on the law in Maryland about defamation:

In Maryland, defamation of character falls into two categories: libel and slander. Libel is a written, including signs or pictures, defamation. Slander is oral, involves speech. “A statement that is merely unflattering, annoying, embarrassing, or that hurts only the plaintiff’s feeling is not considered defamatory.” R. Sack, Libel, Slander and Related Problems 45 (1980).

These are the elements necessary for a plaintiff to prove a case of defamation in Maryland:

“(1) that the defendant made a defamatory statement to a third person, (2) that the statement was false, (3) that the defendant was legally at fault in making the statement, and (4) that the plaintiff thereby suffered harm.  A defamatory statement is one ‘which tends to expose a person to public scorn, hatred, contempt or ridicule, thereby discouraging others in the community from having a good opinion of, or associating with, that person.’” Offen v. Brenner, 402 Md. 191, 935 A.2d 719 (2007), quoting Smith v. Danielczyk, 400 Md. 98, 115, 928 A.2d 795, 805 (2007).

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 Posted on March 20, 2017 in Uncategorized

I am often asked, “How much am I going to have to pay in alimony?” Well, the answer is: “It depends.” And, it’s totally up to the Judge hearing your case.

Maryland law has several different types of alimony: pendente lite, which is alimony awarded for a specific time period, rehabilitative alimony, and indefinite alimony (permanent).

Alimony Pendente Lite

Pendente lite alimony is an award that maintains the status quo of the parties so that the wife or husband doesn’t suffer any financial hardship while they are waiting for their divorce proceedings to be finalized.  There are four factors that must be proven before a pendente lite award will be granted:

• Proof of the marriage existing,
• Proof that a divorce proceeding is pending (meaning you have already filed for divorce)
• Proof that the spouse requesting the alimony needs the money,
• Proof that the other spouse has the ability to pay money to the receiving spouse.

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 Posted on January 06, 2017 in Uncategorized

Maryland Assault Laws

In Maryland, assault is defined as an attempt to touch someone else without their consent. Usually, the touching in question is an act of violence, such as a punch or threatening someone with a weapon.

One of the most serious forms of assault in Maryland is known as first-degree assault. First-degree assault occurs when someone causes serious physical injury to another person. Under Maryland criminal law, serious physical injury means that the victim could have died or was permanently disfigured or disabled due to the altercation.

First-degree assault is a very serious crime, and it comes with a very serious penalty. Specifically, if you are convicted of first-degree assault, a judge may sentence you to a maximum of 25 years in prison.

A lesser assault charge is known as second-degree assault. In Maryland, second-degree assault is defined as causing someone physical injury. This excludes minor injuries.

Although less serious than first-degree assault, second-degree assault still comes with a fairly stiff penalty. In fact, if convicted, you can face up to 10 years in prison and a $2,500 fine.

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 Posted on November 04, 2016 in Uncategorized

Possession of Less than 10 grams of Marijuana in Maryland

In Maryland, possession or use of less than 10 grams of marijuana is not a criminal offense.  Possession or use of up to 10 grams of marijuana is still illegal, however, and carries civil penalties.

Read the Law: Md. Code Ann. Criminal Law § 5-601 (link is external); § 5-601.1 (link is external)

Fines for possession of small amounts of marijuana

Because it is not classified as a crime, possession of up to 10 grams of marijuana does not result in arrest, jail time, or a criminal record.  Possession or use of marijuana is not legal, but in these cases involving small amounts of marijuana, the penalties are civil in nature.

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 Posted on September 29, 2016 in Uncategorized

Effective October 1, 2016, you will not need a “witness” in court in order to get your divorce.  The law appears below.

Family Law 7-101, 8-104 (HB0274/SB0359) – Family Law – Divorce – Corroboration of Testimony

Repealing a provision prohibiting a court from entering a decree of divorce on the uncorroborated testimony of the party seeking the divorce; and repealing a provision specifying that in a suit for absolute divorce on the grounds of voluntary separation a separation agreement is corroborated by the plaintiff’s testimony.

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 Posted on September 29, 2016 in Uncategorized

For many people, the loss of a job is a horrible and stressful time.  I am often asked whether losing a job can change child support.

This issue can become even more challenging if your ex wants to take you back to court and wants to make you pay child support even when you aren’t earning anything. In one recent case, an out-of-work science professor made the very bad decision to represent himself in court, leading to a trial court decision that imputed an income of $95,000 to the unemployed man and a Maryland Court of Special Appeals ruling upholding the lower court’s judgment.  Imputed income means income that a court imputes, or to assign a value to, based on inferences that a court makes.

The centerpiece of this case was the job search of a father, Ivan Belyakov. The father had served as a professor until losing his job in December 2012. Earlier that year, Belyakov’s wife had filed for divorce, and she sought an award of child support for the couple’s two children. Ten months after losing his job, the father remained unemployed.

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 Posted on September 07, 2016 in Uncategorized

The State of Maryland has recognized same-sex marriages since January 1, 2013, and has honored same-sex marriages performed in other jurisdictions since 2010. Even before same-sex marriages could be performed in Maryland, the state’s highest court ruled that same-sex couples legally married in another state could divorce in Maryland. There is still a residency requirement that must be met in Maryland.

Residency requirements for a Maryland divorce

To file for divorce in Maryland, at least one spouse must be physically living in Maryland. How long a party must have lived in Maryland before filing a divorce complaint depends on where the grounds for the divorce occurred. If the grounds for divorce occurred in Maryland, you need only to be living in the state at the time you file for divorce. But if the grounds for divorce occurred outside Maryland, at least one of the spouses must have lived in Maryland for at least a full year before the filing of the divorce complaint.

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