Relocation with Children To Another State

In some marriages, a spouse re-located to Maryland for purposes of the marriage.  This can be complicated when the marriage, with children, breaks up and the spouse wants to re-locate to his or her home state where their family is located.  Is this possible or permissible?  The answer is, with court approval, it might be…Read More

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Cohabitation Insufficient to Terminate Alimony

Cohabitation under Maryland law contemplates more than shared residence and a sexual relationship.  Cohabitation contemplates assumption of duties and obligations associated with marriage.  Sharing expenses, bank accounts, and presenting to the community as a couple, are all factors a court can consider in determining cohabitation.  Proof of cohabitation rests with the party seeking to terminate…Read More

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Marital Property Irrelevant Without Request for Monetary Award

M arital property is a well-recognized legal doctrine in Maryland, adopted by the Maryland General Assembly, but it is relevant in a divorce case only if and when a monetary award is sought by one of the parties.  If a monetary award is sought by either party, then a court must determine what…Read More

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Change in Child Custody Is Not Limited By Agreement

S pouses can agree to joint custody and agree on a schedule for joint custody, but if material changes in circumstances occur, the settlement agreement cannot limit a court in determining what is in the best interests of the children.  A court may consider a number of factors in determining the best interests…Read More

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Marital Property Beyond Maryland’s Borders

I n a divorce action, a Maryland court has power over the individuals residing in the State of Maryland. The Court’s power extends to determining whether property located outside of Maryland or even outside the United States is marital property and subject to equitable division.  The court, however, cannot directly affect the property;…Read More

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