Divorce Law

Recent Posts in Divorce Law Category

  • Divorce Is A Better Alternative For Many People

    Since Henry the Eighth first obtained a divorce from the Archbishop of Canterbury in 1533, divorce has had a long and tortuous history. Henry the Eighth was motivated by a desire to marry Anne Boleyn so that he could have a male heir; however, after multiple miscarriages, he accused her of adultery and had her beheaded. Fortunately, England adopted the Matrimonial Causes Act in 1857, allowing ...
    Continue Reading
  • "Mutual Consent" - New grounds for Maryland Divorce

    October 1, 2015 introduced new grounds for divorce in Maryland. Divorce by "mutual consent" is now available to certain couples in Maryland. Why is this development of significance? "Mutual consent" divorce eliminates the required 12-month separation period, so long as the parties meet the required criteria under the new grounds for divorce. To qualify for divorce by "mutual consent" there are ...
    Continue Reading
  • Father's Rights

    By David C. Gardner There are many references to "father's rights" in divorce law. As a divorce lawyer, we usually represent both mothers and fathers, and it is rare that an attorney only represents one sex in contested divorces or custody disputes. However, there are specific rights that father's usually want to protect when they go to court, and an attorney who represents fathers on a regular ...
    Continue Reading
  • Same-Sex Marriage Legalization Extends to All 50 States

    Maryland is a noteworthy state when it comes to same-sex marriage. In 1973, it was the first state to define marriage as a union between a man and a woman, thus prohibiting same-sex marriage. From that year forward, proponents of marriage equality made an active push to give same-sex couples the right to marry. Such an affirmative decision would not be made until 2013, 40 years later, when ...
    Continue Reading
  • Dividing marital property at the time of divorce

    Each state has developed it's own statutory laws which govern the division of property at the time of divorce. In Maryland, the legislature has adopted a three step process which requires the court to engage in the following three steps: 1) Determine what property is marital property under Family Law Section 8-203. Generally, this is all property accumulated during the mariage and excludes any ...
    Continue Reading
  • Shared Physical Custody and Shared Child Support Guidelines in Maryland

    The notion of shared physical custody is not well defined in Maryland case law. Parents typically think of shared physical custody as 50/50 or even time with their children. However, that is rarely the case. Even when parents agree to share physical custody, it is based on a schedule that approaches, but does not need to reach 50/50. One Maryland case that discussed such a schedule stated: "Shared ...
    Continue Reading
  • Visitation Schedules in Maryland

    There is no standard visitation schedule in the Maryland courts. The standard schedule used to be every other weekend from Friday evening until Sunday evening, alternating holidays, and two weeks for a vacation each summer. This is the schedule that is commonly referred to as a "weekend dad" schedule, and for years that is exactly what it created, a weekend dad. More common today is a schedule ...
    Continue Reading
  • Supervised Visitation in Maryland

    The issue of supervised visitation has become a hot topic in the courts. When a child's safety is at risk during visitation, the court will usually allow visitation only if it is supervised by a third party, who can be someone agreed to by the parties, a paid professional supervisor, or a service provided by the court. Recently, Montgomery County opened a supervised visitation center that can ...
    Continue Reading
  • Maryland General Assembly Back in Session - The Debate Over Same Sex Marriage Continues...

    Last week our legislature returned to Annapolis to begin this year’s session. What will they be considering over its 90 day session? No one knows for certain. On average, in any given session, our senators and delegates will be acting on over 2000 bills. Last year 2,353 were introduced, and of those 707 passed. Included in those that passed was at least one big change for family-law ...

    Continue Reading
Page 1 of 1