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Category: Family Law

In Divorce Cases Pensions Must be Valued As Martial Property In Maryland Unless an if, as and When Distriburion is Agreed Upon,   Family Law   Leave a Comment

In Maryland it has long been the law that pensions are marital property unless they pre-date the marriage. In most cases the parties agree upon an if, as and when distribution meaning that the portion of the pension earned by the non-receiving spouse will be distributed when the spouse receiving the benefits receives his or  … Read more

Grandparents Visitation,   Family Law, Uncategorized   Leave a Comment

In a recent unreported case the Court of Special Appeals in Luckhardt v. Coleman, No. 2149 Sept Term 2015 released June 12, 2016 addressed the issue of under what circumstances grandparents are entitled to a Court Order for visitation with their grandchildren.  The history of the case is that both parents had significant personal issues  … Read more

One Year Waiting Time For Uncontested Divorce My be Waived Under Certain Circumstances Under New Law in Maryland Effective October 1, 2015,   Family Law   Leave a Comment

Effective October 1, 2015, a Circuit Court in Maryland Court in Maryland may issue a judgment of absolute divorce on the grounds of mutual consent if the parties do not have minor children and the parties submit to the court a written settlement agreement which resolves all outstanding support and property issues signed by both  … Read more

Recently Passed Laws in the State of Maryland-2015,   Automobile Accidents, Family Law   Leave a Comment

There are numerous new laws that have already taken place or will take place effective October 1, 2015 in Maryland. These laws include the following: Marijuana Possession Decriminalization – The possession of less than 10 grams of marijuana will be a civil offense rather than a criminal offense. Civil penalties include $100.00 for a first  … Read more

Parentage Established After In Vitro Fertilization/Injunction from Harassment by Spouse/ Voluntary Impoverishment by Spouse,   Family Law   Leave a Comment

In an opinion released August 15, 2015, the Court of Appeals in Sieglein v. Schmidt held that a child conceived by artificial insemination during the course of the marriage when the husband consented to the procedure created a presumption of the legitimacy of the child and the obligation of both parents to support the child.  … Read more

What Kinds of Cases are Heard by a Magistrate,   Family Law   Leave a Comment

Family law cases that involve child custody, visitation, child support or alimony, use and possession of the family home and the personal property in the home are generally initially heard by a Magistrate. The Magistrate also hears cases involving modification of child custody, visitation, child support or alimony and modifications to use and possession orders.  … Read more

Social Security Benefits for Ex-Spouses,   Family Law   Leave a Comment

If you are divorced, you may be able to get Social Security benefits on your ex-spouse’s account, even if your ex-spouse has re-married. In order to qualify, the marriage to your ex-spouse must have lasted ten years or longer. You must also be currently un-married and sixty two years of age or older with an  … Read more