Divorce

Maryland has strict sexual assault laws with severe penalties. Sexual assault crimes are categorized into Rape and Sexual Assault, with different degrees of severity. First-degree Rape involves forced or threatened intercourse, while second-degree Rape includes non-consensual sex with incapacitated individuals or minors. Offenders can face life imprisonment without parole or mandatory sentences of 25 years. Although Maryland has a marital rape exemption, exceptions exist, allowing prosecution in cases of separation or force without spousal consent. Genuine cases of Rape can be prosecuted, even within a marital relationship.

Trial court judgments in family law cases carry substantial importance and potential impact, even though appellate courts review them. In the case of Belay v. Orma (2023), the appellate court upheld the trial court's decision to grant the wife's bank account claim and award alimony, without identifying any mistakes. This highlights the essential importance of having competent legal representation in determining the outcome of trials.

Cruz v. Silva's case involved a couple seeking a divorce, with the wife requesting alimony. Despite no final divorce judgment, the court awarded the wife indefinite alimony. The appellate court later overturned the decision, stating that corroborating evidence is necessary for alimony without a divorce.

The case of Fischbach v. Fischbach exemplifies how family law intersects with human nature. The husband, motivated by personal gain, concealed his early retirement from his wife, depriving her of entitled pension benefits. The court ruled in favor of the wife, emphasizing that benefits became shareable upon retirement, regardless of when the wife discovered it. This case underscores the importance of a reasonable approach and competent legal representation to simplify matters and avoid complex legal battles.

The case of Sherman v. Rouse involved a same-sex couple who established a civil union in Vermont in 2003 and then moved to Maryland. When their relationship deteriorated in 2018, one of the partners sought a divorce, but the other argued that since they only had a civil union, not a marriage, Maryland couldn't grant a divorce. However, the court ruled that Maryland could dissolve Vermont civil unions, and since the procedure for dissolving civil unions in Vermont was identical to that for dissolving formal marriages, forbidding a Maryland divorce based on the fact that the couple had a civil union was not logical. Therefore, the petitioner succeeded and was granted a divorce.

Reynolds v. Reynolds (2014) involved a Yale Law-educated couple who divorced after having three children. The wife, who quit working after having children, was awarded alimony despite the husband's argument that she had the earning potential of a lawyer. This case shows how even seemingly straightforward scenarios can lead to unexpected results in divorce cases.

The amount of rules, guidelines, principles, and regulations in family law is overwhelming. It is important to hire a skilled attorney to assist with family law issues. The case of Taiwo v. Taiwo (2023) is a recent divorce case that dealt with the concept of "comity" in family law.

Anyone going through a divorce should take the time to consider developing an independent settlement agreement. The reason is that private or independent settlement agreements can be highly beneficial: when worded properly, these agreements can streamline the divorce process in a very powerful and cost-effective way.

The article discusses the benefits of developing a private settlement agreement during divorce, which can simplify the property division process and save significant costs compared to involving the court. The case of Mokri v. Salimi is examined, where a husband claimed ignorance of the provisions of the settlement agreement, leading to a court petition by the wife for nonpayment of alimony. The court found the husband in contempt for failing to pay and for inconsistent arguments.

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.