Divorce

Most people are aware of the need to hire an attorney in the event of dissolution but only a few are aware of the benefits of consulting an attorney prior to marriage.

In American legal history, none has been as controversial and popular as same-sex marriage in the Obergefell v. Hodges case.

Hardly a month had passed without a new high-profile divorce case appearing in the news headlines. Mr. Gates, a co-founder of Microsoft and one of the wealthiest men in the world, separated from his wife Melinda back in 2021. In this post, we’ll take a quick look at this well-known example of marital dissolution and see what lessons Marylanders can take away.

As the saying goes, “timing is everything,” and few areas reflect this fact and law. When it comes to the law, timing can be of critical importance in many different ways...

One aspect of property division that we haven’t discussed yet is the role of a marital trustee. Most laypeople are unaware that Maryland courts have the authority to appoint a trustee, or overseer, to manage the liquidation of assets (and redistribution of proceeds). Trustees are rarely appointed in divorce cases, but such appointments do happen.

The general public is becoming increasingly aware that, contrary to what many may assume, prenuptial agreements are primarily concerned with simplifying the property division process. A recent example of this phenomenon is Miller v. Miller (2022). Let’s look at this case more carefully.

If one spouse behaves in a financially reckless or fraudulent manner just before or during the divorce, this can impact property division outcomes. The technical term for this type of financial misbehavior is “dissipation of assets.”

When a couple quickly separates, problems can occur when one or both partners start meeting new people before the divorce is finalized. These issues showed up in a recent case that took place in India. Although this case is technically from a foreign jurisdiction and isn’t authoritative for Marylanders, we can still take away key lessons from this scenario.

Faithful readers of our blog will know that Maryland law has different types of alimony awards. Indefinite alimony can be awarded on different bases. One basis is when there is an unconscionable disparity between the incomes of the spouses. Let’s take a closer look at this basis by examining the recent case of Goldman v. Stabbe (2017).

When modifying an existing alimony award, the standard used is a “material change in circumstances.” This standard means that a current order shall remain untouched if there hasn’t been a material change in circumstances since its creation.

Property division in a Maryland divorce presents a veritable avalanche of potential issues, and this recent case relates to marital homes with outstanding mortgages...

The Alimony case of Moustafa v. Moustafa (2022) is certainly one you cannot easily mistake for any other. In this fascinating case, the ex-wife brought an action to collect the sum of an arrearage of over $300,000 of accumulated Alimony.

If you have a family business, started by your parents or other family members, and you plan to get married soon, you have probably given at least some thought to the future of that business if you get a divorce in the future.

Why would divorce be relevant for 1031 exchanges? The answer is that the owner conducting 1031 exchanges must remain the owner throughout the transaction.

When it comes to property division among divorcing spouses, we can summarize the basic attitude of parties in just about every instance...