Author Archives: Jay Butchko
Gun Charges In Maryland: What Counts As Possession Under §5-133 And §5-144?
Maryland has some of the toughest firearm laws in the U.S., and the penalties for even a first-time gun offense can be severe. What many people don’t realize is that you don’t have to be caught holding a gun to be charged with illegal possession. Maryland’s gun statutes, particularly Public Safety §5-133 (illegal possession… Read More »
How Maryland Courts Handle Relocation And Custody Disputes
Relocation cases in family law are often highly emotional and legally complex. When a parent wants to move to another city or state with a child, the court must determine whether the move suits the child’s best interests. One important Maryland appellate case on this issue is Kurdziel v. Montenegro. This case helps clarify… Read More »
Maryland Court Upholds Uneven (But Equitable) Distribution Of The Marital Estate
Maryland is an equitable distribution state. This means that the assets attached to your marital estate are divided in accordance with what is fair. It also means that the marital estate isn’t always divided evenly. In some cases, the courts will see fit to favor one spouse or the other with a larger share…. Read More »
Maryland Court Clarifies Standards In Contested Prenup Cases
Generally speaking, the Maryland courts will honor prenuptial agreements that were voluntarily entered into. In the case of Stewart v. Stewart, the court addressed a question that can arise in many modern marriages: when is a prenuptial agreement fair and when does it cross the line into overreaching? The Stewart case remains one of… Read More »
DUI Versus DWI In Maryland: What’s The Difference And Why It Matters
While some states call it DUI and other states call it DWI, Maryland uses both terms to describe different crimes. If you’ve been charged with drunk driving in the State of Maryland, you’ve probably seen both terms used and wondered what the difference is. While both are considered serious offenses, Maryland law draws a… Read More »
Maryland Court Clarifies When Indefinite Alimony Is Appropriate
In the case of K.B. v. D.B., the Maryland Court of Special Appeals revisited one of the most complex issues in family law: when should the court award indefinite alimony as opposed to a limited rehabilitative term? This decision reinforces Maryland’s preference for alimony that only spans a limited time. It also underscores that… Read More »
Maryland Court Reviews Child Support Modification Request
Unfortunately, the government won’t let you modify your child support payments without first petitioning the court. The petitioner needs to show that a substantial change in conditions has presented itself to warrant modifying the original order. Otherwise, the court won’t hear your case. Nonetheless, there are numerous reasons why you can and should try… Read More »
Former Husband Contests Former Wife’s Alimony Award
Maryland Family Law Article § 11-106 lays out the statutory conditions under which an alimony award is made. The court must review several factors, such as the paying spouse’s ability to pay and the receiving spouse’s genuine need. The petitioner must argue that those statutory factors are present to receive an award of alimony…. Read More »
Domestic Violence Cases In Maryland: What To Expect
Facing domestic violence charges in Maryland can be a frightening and overwhelming experience. These cases move very quickly through the system and often involve both criminal charges and protective orders. Understanding what to expect can help you prepare and make informed decisions about your defense. The arrest and initial charges The majority of domestic… Read More »
Understanding Maryland House Bill 1191
When parents separate or divorce in Maryland, their biggest question is: Who will take care of the children and how will they be seen to? It can also be the most difficult matter to resolve during a divorce. Until now, the State of Maryland has largely relied on decades’ worth of case law to… Read More »
