family law – Page 11 – Law Offices of Thomas Stahl

Are Gifts Given by One Spouse to Another Considered Marital Assets in a MD Divorce?

Yes, generally speaking, any gifts exchanged by a couple during their marriage are considered “marital property.” So, for example, if one spouse gives jewelry or some other luxury to another, then those items are “counted” as marital assets when the couple seeks and obtains a Maryland divorce. Why does this matter? Like every other State… Continue reading Are Gifts Given by One Spouse to Another Considered Marital Assets in a MD Divorce?

Maryland/DC Same-Sex Couples Alimony: How Long Have You Been Married?

african american female groom in black suit and caucasian bride in dress in ceremony on tropical beach under wedding flover arch .

There was an interesting case decided recently here in Maryland called S.O. v. H.M., Case No. 546, September Term 2021 (Court of Special Appeals of Maryland, May 3, 2022) (unpublished). One legal question in that case was: when did the couple’s marriage begin? The case involved a religious ceremony, but the legal principles should certainly… Continue reading Maryland/DC Same-Sex Couples Alimony: How Long Have You Been Married?

Maryland/DC Divorce Custody: What if a Child Expresses an Opinion?

In both Maryland and the District of Columbia, divorce courts may consider and evaluate an opinion (or preference) expressed by a child when considering issues of physical custody. But any expressed opinions are NOT controlled by the divorce courts. Both Maryland divorce courts and DC divorce courts are legally required to make decisions concerning custody… Continue reading Maryland/DC Divorce Custody: What if a Child Expresses an Opinion?

Same-Sex Divorces: Can I Be Ordered To Pay Child Support If I Am Not The Biological or Adoptive Parent?

With same-sex divorces, if there are children involved, issues of child custody, visitation and support will be complicated. This is not unique to same-sex marriages and divorce. In this article, we will focus narrowly on the question of child support (as distinct from custody and visitation) where one spouse is not biologically related to the… Continue reading Same-Sex Divorces: Can I Be Ordered To Pay Child Support If I Am Not The Biological or Adoptive Parent?

MD Divorce Attorneys: Will Courts Enforce a Divorce Settlement & Separation Agreement?

In general, marriages in Maryland (and the District of Columbia) end when a divorce court officially enters an order of divorce or dissolution. These are often called “divorce decrees.” In Maryland, the official document is called a “Judgment of Absolute Divorce.” If the couple sought a limited divorce, then the official court order would be… Continue reading MD Divorce Attorneys: Will Courts Enforce a Divorce Settlement & Separation Agreement?

Should Assets be Liquidated in a Maryland/DC Divorce?

In both Maryland and the District of Columbia, when a couple divorces, the divorce court is tasked with dividing the marital assets in an “equitable” manner. “Equitable” is not the same as “equal,” so there are some circumstances where one spouse might receive slightly more in marital assets than the other. Because assets must be… Continue reading Should Assets be Liquidated in a Maryland/DC Divorce?

Maryland Divorce Law: Divorce By Mutual Consent Explained

In Maryland, divorce proceedings may be characterized as “contested” and “uncontested.” As the words imply, a contested divorce in Maryland is one where the spouses are contesting – arguing and disputing – certain issues in the divorce. In theory, one spouse could be contesting whether the divorce itself should be undertaken and whether the marriage… Continue reading Maryland Divorce Law: Divorce By Mutual Consent Explained

Contested Divorces in Maryland/DC: What Evidence Will I Need?

If you are involved in a contested divorce here in Maryland or the District of Columbia, this generally means that, at some point, the couple and their lawyers will be appearing in court before the judge for a trial. It is unlikely that your trial will be as exciting as the trials depicted on television… Continue reading Contested Divorces in Maryland/DC: What Evidence Will I Need?

Maryland/DC Divorces: Same Sex Couples and Adultery

Adultery has long been an important potential issue for divorces. Indeed, at one time, adultery was the most salient ground that permitted a couple to dissolve their marriage. This remains true today. For example, under Maryland divorce laws, adultery is still a “for-fault” ground for seeking an absolute divorce. See Md. Code, Family Law, §… Continue reading Maryland/DC Divorces: Same Sex Couples and Adultery

Is There an “Upper Limit” for Child Support Awards in Maryland/DC Divorces?

Yes. Under both Maryland and DC divorce statutes, it can be said that there is an “upper limit” of how much child support that a divorce court can order. Why? Because in both Maryland and DC, awards of child support are calculated based on statutory guidelines that are explicitly tied to the couple’s joint annual… Continue reading Is There an “Upper Limit” for Child Support Awards in Maryland/DC Divorces?

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Category: family law