Maryland Divorce Legal Questions

If your ex-husband is filing endless motions in your divorce case, and if they are consistently denied, then you could probably move for sanctions under Md. R. 1-341. This would allow the judge to reimburse you for your counsel fees. On the other hand, if he is filing cases against you outside of the divorce action, then you may have claims against him for abuse of civil process or malicious use of civil process. The problem however is that one of the elements for both causes of action is "special damages," which typically requires arrest or seizure of property. If the husband's actions, for instance, have lead to a foreclosure, then you could have the requisite damages that would allow a Baltimore County divorce lawyer or civil practice lawyer from your specific jurisdiction to pursue the claim. If you do not have arrest or seizure of property as damages, then your best bet would be to hire an attorney, and then move for Md. R. 1-341 sanctions during and after the cases, assuming that you are consistently prevailing.... Read More

In my expeiance, simple seperation agreements can range from $700 to $1,500 .  More complicated agreements can cost more becuase they require more work.  You should shop around and be sure to tell the attorney's you speak with about your particular circumastanes.  Where you live can also affect the price.... Read More

She can not force you to move out becuase your name is on the deed.  However, that may not prevent here from being able to have you removed if she can convice a court that you are a domesitc abuser or the court (if you have minor children in common) awards her use and posseion of the home.  However, a use an posseion order is not nornally granted until after a formal complaint for divorce is filed with the court and several months have passed.  In granting such orders, the court considers all the issues raised by the parties, but often ends up grant use and possession fo the home to which ever parties is also awarded temporary custody of the children.  Such orders are temporary but can last up to 3 years from the date a divoce is actually granted.  Who ends up payng for the mortgae and the utilities is also an issue the court will often decide based upon the equites and the parties ability to contribute to such expenses.... Read More

If you have no children and own no property joinltly, you  still can be granted a divorce from your husband.  However, it may tak somewhat longer if you are unable to locate him.  Once a complaint for divorce is filed with the court and a writ of summons issued, the Defednat (in your case, your husband) muwt be served with the writ and complaint and has 30 days to answer.  If you are unalbe to locate him, you must ask the couet to allow what is refered to as "Subsituted service", which allows for service by publication among other means.  However, that process will take longer.  Once the court is saticfied that reasonable attempts to serve your husband has been made, the divorce action can proceed resulting, most likely, in a default judgement if he does not "answer" or otherwise contest the action.  You may also want to condier having a private investigaor or process serving compnay perform a skip trace to see if he can be located before filing your compalint. ... Read More

Good morning: If the settlement was specifically included in your judgment of divorce or in another court order, the statute of limitations is 12 years in the State of Maryland for that debt.  If the order was entered in May 2008, you have until the same date in May 2020 to file to enforce the order. Please contact me or another lawyer directly if you need further assistance in collecting the debt. Thank you, Laura Penn Shanley    ... Read More

In Maryland, a spouse doesn't have to "give" another spouse a divorce.  It would be a contested divorce.  It appears at least on of the grounds for the divorce in this cas would be living separate and apart for at least two years.   Moreover, Maryland is not a community property state.  As a result, the division is based on equity.   The court looks at, among other things, the length of the marriage. If you are concerned about your 401K, you probably have sufficient money to consult and hire a lawyer to protect your assets and your children.      ... Read More

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 More

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 More