Recent Blog Posts
When Can a Maryland Judge Change the Last Name of a Child?
Historically, Maryland courts followed a rule that said a father had the right to have his children bear his last name. And while many people in the 2020s still follow that custom, it is no longer a strict legal mandate. Indeed, under Article 46 of the Maryland Declaration of Rights, equality under the law… Read More »
Why You Cannot Rely on “Implied” Agreements to Divide Marital Property in a Maryland Divorce
Married couples often avoid signing a prenuptial or post-nuptial agreement because they do not want to contemplate the possibility of divorce. Unfortunately, if a divorce does occur, the absence of such an agreement can complicate the division and distribution of marital property. In some cases, one spouse may assume there is an implicit agreement… Read More »
Can You Disclaim Paternity in Maryland After Acknowledging It on a Child’s Birth Certificate?
There are several ways for a putative father to establish paternity in Maryland. The easiest is to be married to the child’s mother when that child is conceived or born. In that scenario, Maryland law automatically presumes the parent who did not give birth is the father. If the parents are unmarried, however, the… Read More »
What Is the Role of “Reunification Therapy” in a Maryland Child Custody Dispute?
We all recognize that divorce is a traumatic experience for young children caught in the middle of their parents’ failing marriage. That trauma does not magically heal once the judge signs a final custody and visitation order. To the contrary, it is quite common for the child to become alienated from one or both… Read More »
Can a Maryland Guardian Exercise Control Over a Ward’s Estate Planning Trust?
Maryland law empowers judges to appoint a guardian to oversee the affairs of an incapacitated adult (who is known as a ward). There are actually two distinct types of adult guardians: a guardian of person, who oversees the ward’s living situation and care; and a guardian of property, who takes charge of the ward’s… Read More »
Is a Car Titled in One Spouse’s Name “Marital Property” in a Maryland Divorce?
In Maryland divorce cases, when the parties cannot agree on how to divide their property, it is left to a circuit court judge to make an “equitable division.” The first step in such a division is determining the scope of the couple’s “marital property.” Under Maryland law, any property acquired by either spouse during… Read More »
How Can a Prenuptial Agreement Affect My Maryland Inheritance Rights as a Married Person?
When most people hear the phrase “prenuptial agreement,” they immediately think about divorce. But prenuptial (and post-nuptial) agreements are also commonly used to define the inheritance rights of spouses when one of them dies. Under Maryland law, the surviving spouse has the right to claim an “elective share” of their deceased spouse’s estate. This… Read More »
Can a Parent Avoid Paying Maryland Child Support by Quitting Their Job?
Maryland courts calculate child support based on the income of both parents. In most cases this means looking at a parent’s actual income, i.e., how much they earn per year at their job or profession. So what happens if a parent quits their job? Does this reduce their child support obligation? The answer to… Read More »
What Is “Dissipation” of Marital Assets in a Maryland Divorce?
In any Maryland divorce case there needs to be a division and distribution of marital property as part of any final settlement or judgment. When the parties cannot reach a settlement on their own, a judge must make an “equitable”–though not necessarily equal–division of the marital property. And one factor that the court may… Read More »
How Does “Tie-Breaking Authority” Work in Maryland Child Custody Cases?
Maryland child custody law makes a distinction between physical and legal custody. Physical custody determines who the child lives with and how much time they spend with each parent. Legal custody, in contrast, deals with the division of decision-making authority. For example, if parents have shared legal custody they must agree on certain major… Read More »