Maryland Recent Legal Answers from Lawyers

For an absolute divorce, there are several grounds based on fault and two for no fault.  The first no fault provision is when the couple has lived apart without sexual relations for 12 months.  The second one, which is a new no fault ground, is based on mutual consent.  Unfortunately, if there are minor children as a result of the marriage, the couple cannot take advantage of this provision.  (Maryland Code, Family Law Section 7-103).  There are other requirements.  However, the minor child exclusion is the one that disqualifies many couples.  ... Read Answer

Your question about using a recorded phone conversation raises an important issue that may be of broad general interest to readers of this site.   Without the consent of all parties to the transaction, that would amount to illegal wiretapping. Do not do it.    I encourage you, and all other readers, before you act (or decide not to take some action) to seek competent, local legal counsel who can address the specific facts of your particular situation.   This web site and the responses herein, including this response,  are designed for general information only. The information presented at this site should not be construed to be  and is not formal legal advice. No attorney-client relationship exists and no attorney-client relationship is formed or created by this response or any response on this website. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

You can definitely file a lawsuit, although you may be getting ahead of yourself.  The first thing you should do is file a claim with the wrongdoer's insurance company.    Very often these cases will settle so there is no need to file a lawsuit.     However, the most important thing is that you get the medical treatment that you need.  You should not discuss a settlement with the insurance company until your medical treatment is finished, and you know the extent of your medical expenses and lost wages.  You are also entitled to a fair amount for pain and suffering.  I would strongly suggest you contact an expereinced personal injury lawyer.  The first consultation is always free, so it will not cost you anything to make this call.    ... Read Answer

If your wife is a co-owner of property that you want to use as collagteral for a loan and she won't sign to equally pledge that collateral I thionk you are going to have an impossible time finding any lender who will lend on that property.  Any lender wants to have some assurance that if you don't pay they have a chance of getting their money back by foreclosing the property.  In Maryland there is a special status in owning property if you are husband and wife and the deed you have specifically says "tenants by the entireties" which are words of art which mean husband and wife.  What that means under the law is that if one of those parties owes a debt but the other doesn't, you can't come against the house becuase the person without being on the debt is protected because she is a wife (or alternatively a husband) but, that only applies if the deed to the house specifically says that the man and woman (or couple I guess) own as tenants by the entirties.... Read Answer

Assuming your private lender recorded the mortgage in the land record office of the county where the property is located, you must make certain that a release of that mortgage (or deed of trust) is filed so the world will know that you don't owe the money any more.  Nightmares happen when the person to whom you owed the money dies, and no one can be sure that you really paid off the debt.  Then you have to go to court and convince a judge you don't owe the money.  Better to be extra careful and get a release and get it recorded immediately after you pay off any debt secured by land.... Read Answer

Frankly, the only way to know what you can and can't do in a contractual situation is to have a very careful reading of the contract.  Especially if it is more than just a simple one page contract it really makes sense to have a lawyer take a look.  By the same token, since each contract is different, I can not imagine any lawyer worth his salt who would give any kind of advice on a contract that they hadn't personally read.  So, if the situation you are describing is important to you, then do the right thing and have a professional review it.  if it was merely idle curiosity that prompted your question, I suspect you will remain curious.... Read Answer

In Maryland there is a way to have a tenant pay or move- that is called Summary Ejectment- The Landlord ffiles a Failure to Pay Rent Complaint.  The landlord states on the complaint how much rent is due.  There is a trial.  The court finds that the landlord is entitled to the rent they are claiming.  Typically, the tenant then would have the right to pay what the court says they owe and stay, or not pay and be evicted.  If, when the landlord first files this kind of lawsuit they do not specifically state they want a 'money judgment' and also make sure that the tenant is to be personally served, not just postiong the complaint on the house- then the landlord if they win in court only has a judgment for possession.  They must go back to Court, in a seperate trial and ask for a money judgment.  When I represent a landlord that is what I recommend.  It is pointless to sue for a money judgement in a failure to pay rent matter because the landlord really doesn't know what their final losses are until the tenatn moves or is evicted.... Read Answer

Have you filed for divorce yet?  At the minimum, once you file for divorce, you should request an immediate hearing to obtain an order of spousal support sufficient to allow you to pay rent.     You can also request continued health insurance through her policy or through payments by her sufficient to pay for your premiums and deductibles for a replacement policy.  The sucess of your request for temporary support  will be based on several factors, including how long you have been married and other income sources.   If available, you may have to take out student loans to supplement your income, stay in student housing, and obtain health insurance through the student health insurance policies at your school.  I understand that some schools don't offer graduate students those options.  However, undoubtedly, her attorney or the judge will ask you about those sources. Finally, if either of you have already filed for divorce, check the standing court order.  She may be in contempt of that order by moving and cancelling your insurance.   ... Read Answer

If you gather sufficient evidence to convince U.S.C.I.S. that you have had a bona fide marriage in which you were living together, you can remove the conditional basis of your residence status at any time after you obtain your divorce and before the expiration of your two-year residence on 5/30/17. In the event that the removal of conditions is allowed, you would have to wait 5 years instead of 3 years to submit your application for citizenship. Such would be in 2020, and since the law allows you to submit 90 days ahead of time, you could put in the N-400 application at the end of February or beginning of March 2020. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

The short delay between the visit to the Nurse Practitioner and the return to the hospital and the diagnosis of the ATRT suggests that any case against the nurse will fail on proximate cause. In other words, your child's underlying problem (the tumor) is what is causing her problems, not the delay in diagnosis. Having said that, no nurse practitioner is qualified to diagnose a complex neurological problem like cerebral palsy or a brain tumor, so you should definitely file a complaint against the practice.  If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.   Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.   Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.   Click here for more information about me.   Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  ... Read Answer

You will have a hard time finding an attorney to take on the case because of the issue of financial viability. Malpractice cases are damages driven. Articles below explain this in more detail. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for more information about me. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.    ... Read Answer

DNA is typically consider conclusive evidence of a mother-child relationship. However, keep in mind, you must use authorized DNA labs. Consider working with an attorney to make sure the case is handled properly. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You have made the same inquiry on multiple occasions. As I previously stated, a birth certificate is typically sufficient evidence of the mother-child relationship. However, given your birth was registered late, you may be asked to provide additional evidence to establish the relationship or even to provide DNA test results. If you are concerned, consider working with an attorney. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You may be required to submit evidence related to your education. This is especially true if you are seeking adjustment of status in the United States and you are in the country on a student visa. You are required to establish you maintained your nonimmigrant status up until filing of the adjustment of status application. For someone on a student visa, this is done by submitting school records. You can read more about adjustment of status at http://myattorneyusa.com/adjustment-of-immigration-status.... Read Answer

Have you been asked to produce anything beyond the birth certificate at this time? If not, you are stressing over something that may never become an issue. If so, a DNA test can be conclusive evidence of the mother-child relationship. The DNA testing must be conducted by an authorized organization. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

It is best take all documentation that may be requested to the interview. This will avoid delays in the adjudication of your application. Whether the records are likely to be needed would depend upon more information about the case and the interview. For example, are you seeking adjustment of status in the United States? If so, the records will likely be relevant to determining if you maintained lawful nonimmigrant status. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

Unfortunately, the late registration of your birth may call into question the mother-child relationship. You may be asked to produce additional evidence to establish the relationship such as family photographs, affidavit, religious records, or even DNA. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You do not necessarily need to submit childhood photographs unless specifically asked. Typically, the birth certificate is sufficient evidence mother-child of relationship. If you do not have a birth certificate or your birth certificate is called into question, you may be asked to produce additional evidence. You may even be required to undergo DNA testing. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

You do not necessarily need to submit childhood photographs unless specifically asked. Typically, the birth certificate is sufficient evidence mother-child of relationship. If you do not have a birth certificate or your birth certificate is called into question, you may be asked to produce additional evidence. You may even be required to undergo DNA testing. You can read more about family immigration at http://myattorneyusa.com/family-immigration.... Read Answer

It really depends upon why he was denied entry. CBP has broad discretion to admit or deny admission to an alien. A valid visa does not guarantee admission to the country. Your brother will be provided paperwork setting forth why he was not admitted. I encourage you to have these documents reviewed by an attorney. It would be best if this could be done while he remained in the country. ... Read Answer

Your spouse is not obligated to file an immigrant visa petition on your behalf. However, it is concerning that your spouse has not done so or indicated a desire to do so. Have you talked to your spouse about it? It could be simply a matter of finances as the filing fees alone are expensive. It could also be that your spouse simply will not. Whether other option are available will depend upon more specific information about your relationship. You should consult an attorney. Many offer phone or Skype appointments. ... Read Answer