Divorce

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Whenever a lump sum award is provided, the court follow certain procedural steps, otherwise the award itself may be thrown out. In this case, because the court ordered a monetary award in response to the division of pension benefits, the court was supposed to develop a valuation of each pension.

In Wiles v. Wiles (2017), a divorced couple faced a dispute over alimony modification. Initially granted alimony for a limited duration, the ex-wife sought to extend the payments indefinitely and increase the monthly amount. Despite the ex-husband's opposition, the trial court granted the modification based on the ex-wife's claim of a change in circumstances. On appeal, the appellate division upheld the decision, emphasizing the need for a "material" change in circumstances to justify altering the alimony award, which would otherwise result in a harsh or inequitable outcome.

In the case of Mullen v. Robbins (2017), a high-earning physician learned the importance of careful contract language when dealing with private agreements during divorce. Despite reaching a private agreement on alimony, the ex-wife sought modification in court citing a change in circumstances due to health issues. The trial court ruled in her favor, emphasizing the need for a "material change in circumstances" to modify private agreements. The appellate division upheld the ruling, highlighting the importance of precise contract language in determining modifiability.

In Huntley v. Huntley (2016), the ex-husband's failure to contest the ex-wife's claim to his retirement benefits in response to the divorce petition resulted in the court awarding half of his retirement benefits to her. This oversight emphasizes the crucial importance of adhering to procedural rules, especially in property division matters during divorce proceedings.

In Port v. Cowan (2012), a same-sex couple married in California sought divorce in Maryland. Initially denied due to Maryland's non-recognition of same-sex marriage, the appellate court overturned the decision, citing the principle of comity. Despite Maryland's divided views on same-sex marriage, the court deemed recognition of the valid out-of-state marriage as not repugnant to public policy, allowing the couple to proceed with the divorce.

In cases of divorce where there is a history of abuse, substance abuse, or boundary violations, obtaining a protective order against an abusive ex-spouse may be necessary for personal safety. Signs that may indicate the need for a protective order include a history of physical or emotional abuse towards you or your children, substance abuse problems, and a pattern of disrespecting personal boundaries. These signs may warrant seeking legal protection through a protective order.

In the case of Clark v. Clark (2017), a marital settlement agreement faced scrutiny as the ex-wife discovered an unexpected interpretation of a term she had signed. Despite potential ambiguity, the trial court upheld the agreement, favoring the husband's reasonable construction. The ex-wife's appeal failed due to untimely filing, underscoring the importance of legal representation in navigating family law agreements.

The blog explores the contentious nature of alimony in divorce, using the case of O’Connell v. O’Connell to illustrate the concept of "imputing income." The court found the husband's deliberate income reduction justified maintaining the $9,000 monthly alimony, emphasizing the importance of legal counsel in such matters. The case highlights the legal concept of "voluntary impoverishment" and its impact on spousal support disputes.

Parties must provide adequate notice of the expected testimony of expert witnesses as part of the discovery process.

The shocking murder of family court judge Andrew Wilkinson by divorce litigant Pedro Argote in Maryland has raised awareness about the emotional intensity inherent in the divorce process. The tragic incident underscores the unpredictable reactions some individuals may exhibit during divorce proceedings, highlighting the importance of legal representation. Argote, involved in a contentious custody dispute, displayed concerning behavior, leading to the denial of visitation rights by Judge Wilkinson. However, the subsequent murder was an unforeseen tragedy, emphasizing the challenges and potential dangers within family court cases.

Maryland's divorce law underwent significant changes in October 2023, eliminating limited divorce and consolidating grounds for absolute divorce. The removal of limited divorce simplifies the process, now allowing only absolute divorce. The three consolidated grounds include 6-month separation, irreconcilable differences, and mutual consent, aiming to streamline and expedite the divorce process for Maryland residents.

The case of Shoemaker v. Shoemaker (2016) illustrates the complexities of contempt of court, focusing on a husband held in contempt for failing to pay alimony. The court's imposition of a "purge fee" to avoid jail sparked a legal challenge, highlighting the delicate balance between enforcing court orders and avoiding debtor's prison principles. The appellate court ruled that contempt findings leading to incarceration hinge on the individual's demonstrated financial inability to meet obligations, emphasizing a need for careful consideration in such cases.

In the case of Laster v. Guttmann (2010), a divorcing couple, both lawyers, faced financial turmoil due to one spouse's overspending. When the wife sought to sue her husband for tortious conduct during the marriage, the court temporarily stayed the lawsuits pending the divorce, highlighting the court's discretion to manage litigation in divorce cases, even if it may impact the party seeking legal action.

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