Who Gets the House in a Maryland Divorce?

Who Gets the House in a Maryland Divorce?

Absent an agreement regarding the disposition of marital home1, which could range from the selling the house and agreeing on how to divide the net proceeds to one party buying the interest of the other party in the marital home at a certain price, the courts will order the sale of the marital home and […]

Divorce Process in Maryland

Divorce Process in Maryland

The complexity and length of time for your divorce depends primarily on whether you have a written agreement that resolves all of the issues pertaining to your marriage and divorce including, but not limited to, division of marital assets, alimony (or lack thereof), child custody and child support (if you have a child or children […]

Separation and Property Settlement Agreement

Separation and Property Settlement Agreement

A Separation and Property Settlement Agreement (“Separation Agreement”) is a contract that resolves all or some of the issues that should be resolved as part of your divorce and custody case. The range of issues that can be dealt with in a Separation Agreement include, but are not limited to, date of separation, grounds for […]

Divorce for Doctors, Dentists, and Other Medical Professionals

Divorce for Doctors, Dentists, and Other Medical Professionals

In Maryland, marital property is defined as any and all properties that have been acquired by either or both parties during their marriage regardless of how they are titled. Any property that was acquired by either spouse during their marriage is presumed to be marital property. Pre-marital property, gifts, inheritance, and property that can be […]

Effect of Tax Cuts and Jobs Act on Family Law and Divorce Cases

Divorce & Custody in Maryland When Spouses Live Together

Effect of Tax Cuts and Jobs Act on Family Law and Divorce Cases The federal tax reform law, known as the Tax Cuts and Jobs Act (TCJA), which was signed into law by President Trump last year, is a major piece of legislation hundreds of pages long. As a result, it is easy to overlook […]

Mutual Consent – Maryland

Mutual Consent – Maryland

A New Option for Married Couples with Minor Children in Maryland to File for Absolute Divorce Without Waiting for Any Required Separation Period Prior to October 1, 2018, married couples with minor children could not take advantage of Mutual Consent as a ground for absolute divorce. As of October 1, 2018, married couples in Maryland […]

Maryland Residential Custody Laws

Divorce & Custody in Maryland When Spouses Live Together

Pretty much anyone who has had to deal with residential custody issues in Maryland knows that the standard for determining a minor child’s custody is the “best interest” test, which seems to be a vague notion at first glance. After all, what determines what is in the best interest of a child or children without […]

Valuation of Business in Divorce Cases in Maryland

Divorce & Custody in Maryland When Spouses Live Together

Maryland courts undertake a three-step process to determine whether a monetary award should be granted for a property, and if so, how much. The three (3) step process is: A) Determining whether a property is marital, B) Determining the value of the property that is determined to be marital, and C) Considering the statutory factors […]

Setting Aside Separation Agreements in Maryland

Divorce & Custody in Maryland When Spouses Live Together

In Maryland, it is very challenging to set aside a Marital Settlement Agreement, commonly also known as a Separation Agreement or Separation and Property Settlement Agreement (hereinafter referred to as “Separation Agreement”). While there are numerous ways to attack a Maryland Separation Agreement, the likelihood of success is low, primarily because under Maryland law Separation […]

Divorce & Custody in Maryland When Spouses Live Together

Divorce & Custody in Maryland When Spouses Live Together

The Court of Appeals of Maryland decided in Ricketts v. Ricketts, 903 A2d 857, 393 Md 479 (2006) that a spouse could file and maintain a case for limited divorce and custody even if the couple live together. The Court’s decision in Ricketts stands for the proposition that withholding marital relations could be a ground […]