Recent Blog Posts
How a Maryland Divorce Can Affect Your Property Ownership Rights
A common issue faced by divorcing couples in Maryland is what to do with the marital home. As a matter of law, married spouses who own their home typically do so as tenants by the entirety. This is a legal term that means each spouse has an equal and undivided interest in the property…. Read More »
Frequently Asked Questions About Maryland Prenuptial/Postnuptial Agreements
The idea of a prenuptial or postnuptial agreement is off-putting for many Maryland couples. There is still a stigma associated with such agreements as planning for divorce” with respect to the marriage. But having a prenup (or postnup) is really about ensuring the financial security of both parties as well as other family members… Read More »
Can a Maryland Grandparent Demand Visitation Rights After a Grandchild’s Parent Dies?
Grandparents often form a close bond with their grandchildren. This bond may be strengthened in times of tragedy or grief, such as when the grandchild’s parent dies. But how does Maryland law deal with a situation where a grandparent seeks visitation rights over the objection of the surviving parent? Appellate Court: Mother’s Death Not… Read More »
Could Seeking a Maryland Domestic Violence Protective Order Be Seen as “Defamation”?
Domestic violence is a serious problem that affects many married individuals in Maryland. Victims of such abuse have a right under state law to seek a domestic violence protective order, which is a type of civil injunction issued against the abuser. Such protective orders can include a requirement for the spouse accused of abuse… Read More »
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 »