Family Law

In Rudnick v. Rudnick (2023), a prenuptial agreement signed in 1992 became the subject of dispute during the couple's divorce in 2019. The agreement, which prohibited the division of assets or alimony, was initially considered fair but was deemed unconscionable at the time of enforcement. Massachusetts law, where the case arose, applied an unconscionability analysis at the time of enforcement. The courts ruled in favor of the wife, highlighting the importance of skilled legal representation well-versed in relevant state laws.

In Maryland, the division of marital property, especially pensions or retirement accounts, is guided by the Bangs formula, as demonstrated in the case of Heger v. Heger (2009). This formula determines the marital portion of the asset, ensuring equitable distribution. In this case, the appellate division corrected a trial court error, recalculating the wife's entitlement to 25% of the pension based on the duration of the marriage. The Bangs formula serves as a crucial tool for courts in fairly dividing complex assets in divorce proceedings.

In Maduako v. Maduako (2016), a father seeking a reduction in child support due to job loss, failed in his attempt due to a failure to adhere to legal timelines. Despite valid reasons for modification, the father's appeal against the denial was unsuccessful as he filed it against a proposed order, which is not permitted in Maryland, and subsequently missed the 30-day deadline to appeal the final order, emphasizing the critical importance of timely legal actions in family law cases.

This blog emphasizes the crucial importance of understanding and adhering to procedural rules in divorce litigation, highlighting the case of Gore v. Gore (2023). In this case, the wife's failure to comply with procedural requirements, such as timely expert witness presentation, led to the court accepting the husband's valuation of her lucrative business at nearly $35 million. The outcome underscores the severe financial consequences of procedural mistakes, emphasizing the need for strict adherence to divorce process regulations.

The Lloyd v. Niceta (2022) case highlighted the enforceability of postnuptial agreements, emphasizing their contractual nature subject to general contract law principles. The case involved a postnuptial agreement with an "infidelity penalty," successfully upheld in divorce proceedings. To ensure enforceability, parties must avoid fraud, coercion, or duress, emphasizing transparency and proper disclosure during the agreement's formation. While prenuptial agreements are generally preferred, well-constructed postnuptial agreements can be equally effective in addressing marital issues.

The Payne v. Payne case dealt with alimony and the issue of the husband's income changing. The judge decided to calculate alimony based on the average income over multiple years, resulting in a higher amount. Despite being unhappy with the decision, the husband couldn't change it because the judge had the authority to use their discretion according to Maryland law. This case highlights the complexities that can arise in these situations.

In the case of Pulliam v. Pulliam, the court clarified that a private settlement agreement must be reviewed and approved by the court to ensure everything is executed properly, even after it's been signed by both parties. The court resolved ambiguity regarding the division of the husband's pension benefits derived from a Deferred Retirement Option Program (DROP) and determined that the benefits were included in the settlement agreement as "pension" benefits, making the wife entitled to half of the benefits.

The case of In re Victoria C (2012) involved an adult daughter seeking formal visitation rights with her younger brothers. The court ruled that adult siblings requesting visitation rights are treated the same as grandparents and must show parental unfitness or exceptional circumstances to be granted visitation. In this case, the court denied the daughter's visitation request.

Mediation is a process whereby divorce parties settle disputes outside the traditional courtroom environment with the assistance of a professional mediator. Here are some tips to be fully prepared when spouses arrive for their first mediation session.

We want our readers to know ALL the possibilities that can turn up in the world of family law.

This blog is a follow-up with strategies to get Facebook evidence into (or kept out of) Family Court proceedings using general evidence rules.