Category: Family Law

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

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

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

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

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

There is a framed cartoon in my office which shows two men sitting in a jail cell talking. The caption reads, “Those surprise witnesses didn’t surprise me, but they really surprised my lawyer!” When you engage with a divorce lawyer you need to make sure you tell him or her everything that could potentially affect  … Read more

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

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

When a couple of is planning to divorce, it can become very contentious over “who gets what”, and often the financial consequences of the divorce are the cause of a lot of arguments. But, if there are children in the marriage, that can increase the “contention level” significantly. “I always ask my client right at  … Read more

The Courts can provide that a parent with custody of a minor child or children can have use and possession of the family home for up to three years from the date of divorce. Even before a couple is divorced, the Court can order that one of the parties remain in the marital home with  … Read more