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Category Archives: Family Law

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What Does Use And Possession Mean In A Maryland Divorce Proceeding?

By Schlaich & Thompson, Chartered |

“Use and possession” is a legal term referring to the marital home and family use of personal property. In Maryland, the family home is defined by law as real property (real estate) in the State of Maryland that was: Used as the principal residence of the parties when they lived together Is owned or… Read More »

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Can I Modify My Alimony Payments In Maryland?

By Schlaich & Thompson, Chartered |

One of the central aspects of divorce is alimony or spousal support. The court can order one spouse to pay the other spouse a periodic amount of money to help support them while the divorce proceedings are pending and after the divorce is finalized. However, circumstances can change over time. Maybe the paying spouse… Read More »

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Does The State Of Maryland Recognize Divorces Granted In Foreign Countries?

By Schlaich & Thompson, Chartered |

The short answer to this question is “yes”. The State of Maryland will recognize divorces that were granted in foreign countries. However, there are caveats. The divorce must be obtained by a court that had the authority to grant a divorce and the divorce was granted legally. Maryland case law provides an example. In… Read More »

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Understanding Child Custody Laws In Maryland

By Schlaich & Thompson, Chartered |

Custody is often one of the most contentious issues during a divorce. If you are a parent who is concerned about who will gain custody of your children, then this article will touch on some of the main points concerning child custody in the State of Maryland. In this article, the Maryland divorce lawyers… Read More »

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Do I Qualify For An Annulment In The State Of Maryland?

By Schlaich & Thompson, Chartered |

A common myth is the notion that a spouse may obtain a quick annulment of a marriage instead of a divorce if they were married for less than six months. Some other states allow such annulments but Maryland is not one of them. In Maryland, an annulment can only be granted when a marriage… Read More »

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Maryland’s Child Support Laws

By Schlaich & Thompson, Chartered |

Maryland’s Child Support Administration is required by law to review the Child Support Guidelines every 4 years to ensure that parents receive appropriate child support awards. The Child Support Administration must report its findings to the General Assembly. The most recent changes to the law occurred in 2020 and are set to be reviewed… Read More »

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Fault-Based And No-Fault Divorce In Maryland

By Schlaich & Thompson, Chartered |

On October 1, 2023, new rules went into effect impacting Maryland’s divorce laws. The legislature did away with outdated laws that unfairly restricted divorce from Maryland residents. Divorcing spouses are no longer required to prove which party is at fault for the breakdown of the marriage. Instead, Maryland residents can only get divorced based… Read More »

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The “Source Of Funds Theory” And Asset Distribution During A Maryland Divorce

By Schlaich & Thompson, Chartered |

In Maryland, one of the foremost components of a divorce settlement is the equitable distribution of the marital estate. Under Maryland law, all property that belongs to the marital estate must be distributed equitably to both parties pursuant to a divorce. However, determining whether or not an asset belongs to the marital estate can… Read More »

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Husband Appeals Decision To Grant Wife Indefinite Alimony

By Schlaich & Thompson, Chartered |

There are two types of alimony that the Maryland courts provide upon the granting of a Judgment of Absolute Divorce. That is rehabilitative alimony and indefinite alimony. The Maryland courts shy away from awarding a spouse indefinite alimony unless the difference between their two incomes is so pronounced that it would be unfair not… Read More »

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Husband Seeks To Vacate Divorce Judgment Based On Fraud

By Schlaich & Thompson, Chartered |

In the case of Hounlekpo v. Hounlekpo, the husband sought to vacate the Judgment of Absolute Divorce based on extrinsic fraud. Initially, both parties had petitioned the court for a limited divorce, but at some point, the husband went on a trip to Africa. While in Africa, the husband gave the wife a credit… Read More »

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