Blog Posts in 2015

  • "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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • Apportioning tax deductions for minor children in a divorce

    Under IRS regulations, the parent “with whom the child resided for the longest period of time during the taxable year” has the right to claim the tax exemption for a minor child. IRC Section 152 (c)(4)(B)(I). However, the IRS also allows the custodial parent to execute a signed waiver disclaiming the child as an exemption in any given year. This allows the parties to a divorce to allocate the ...
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