Maryland Mutual Consent Divorce Update

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 Estate of Vess (2017), a niece challenged the validity of Howard Vess’s 2006 will on multiple grounds, including lack of testamentary capacity and undue influence. The court emphasized the importance of procedural correctness in caveat proceedings, ultimately allowing the case to proceed on substantive issues rather than technicalities. The case illustrates the complexity of will contests and the need for experienced legal counsel.

Dividing military retirement benefits is far more complicated than dividing other marital property in Maryland. Recent cases like Howell v. Howell and Hurt v. Jones-Hurt highlight how federal disability pay can change what a former spouse actually receives after divorce.

In Augustine v. Wolf (2024), the court addressed whether collateral estoppel barred evidence from a prior protective order hearing in a custody modification case. The appellate court ruled it did not, as the two proceedings were distinct. The case underscores the critical importance of understanding procedural rules in family law and correctly applying legal principles like collateral estoppel.

In Pattison v. Pattison (2024), the Maryland Supreme Court reinforced that marital settlement agreements are governed by traditional contract principles. The court held that a property settlement offer with a set deadline is revoked if not accepted on time, and late acceptance does not validate the agreement. This case highlights the importance of clear contract language and competent legal counsel in marital agreements.