You hope it does not happen, but sometimes an ex-spouse will refuse to comply with an Order issued by a Maryland/DC divorce or family court. The most common examples include violation of court Orders with respect to child support, custody and visitation. But there are other examples too, such as refusing to turn over assets,… Continue reading Can My Ex-Spouse Go to Jail For Violating the Divorce/Family Court’s Order?
Under Maryland divorce law, all marital property is subject to an equitable division when the couple divorces. One question that occasionally arises with high net worth divorces is whether the appreciation in the value of separately held assets can be considered marital property. Assume, for example, that, before being married, one spouse owned $50,000 in… Continue reading Maryland High Net Worth Divorces: Is An Appreciation in Value of Separate Property Deemed Marital Property Subject to Division?
Holding someone in contempt of court is a powerful tool to help individuals hold their ex-spouse accountable for violating a divorce ruling. Essentially, contempt of a court is an action taken when an individual violates the terms of a court order. Contempt generally occurs when one party isn’t abiding by the terms of the divorce… Continue reading What Should I Do If My Ex-Spouse Is In Contempt of The Terms of our Divorce? What Can I Do to Enforce the Court Order?
There are two options for legally leaving a relationship: divorce and annulment, and there are several similarities and differences between the two. The biggest difference between a divorce and an annulment is that a divorce ends a legally valid marriage, while an annulment formally declares a marriage to have been legally invalid. If you’re in a marriage that you… Continue reading What Is the Difference Between Annulment And Divorce?
When a same-sex couple decides to call it quits and end the relationship, it is important to understand how the child custody arrangement will affect both parents. Depending on how the judge considers the matter, the separation with custody and visitation could negatively affect the non-biological parent. The law can be very unfair to same-sex… Continue reading Child Custody Matters to Consider In a Gay Divorce
In both Maryland and the District of Columbia, when a couple divorces, their assets must be “equitably” divided. This legal principle applies to any small businesses owned by one spouse or the other and to any ownership interest in a small business. For this article, we will assume the small business is a marital asset.… Continue reading Maryland and DC Divorces: What About My Small Business?
When a couple decides to get married, they inevitably agree to share their assets. These assets (property, bank accounts, debts, etc.) are subject to division in the event of a divorce, either a 50/50 or “equitable” split (depending on the marital property laws of your state). But in many states, couples also have the option… Continue reading Postnuptial Agreements. What are they and what are the Benefits of Having One. Should we get one and why?
If properly drafted and executed and the surrounding circumstances warrant it, a postnuptial agreement between married spouses will be enforced by Maryland Family Law and Divorce courts. Here are some of the legal basics. A postnuptial agreement – an agreement made between married spouses – is a contract and is generally enforceable. We will discuss… Continue reading Maryland Divorces: Are Post-Nuptial Agreements Valid and Enforceable?
In Maryland, prenuptial – also called antenuptial – agreements are valid and enforceable. At the basic level, a prenuptial agreement is a contract and, as a contract, prenuptial agreements are presumptively valid. That being said, as a contract, prenuptial agreements can be challenged on the grounds that ALL contracts can be challenged. Put another way,… Continue reading Hallmarks of a Maryland Prenuptial Agreement That Will Hold Up In Court
If you are thinking about filing for divorce in Maryland or the District of Columbia and if you are also contemplating a move out-of-state, there are some legal and practical issues to consider. Divorces are always complicated and relocating out-of-state can make matters even more complicated. For this article, we will assume that the divorce… Continue reading Moving Out-of-State? How Will that Affect Your Pending Divorce or Child Custody/Visitation Requests?
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