If you are one of this filing for divorce in Maryland this month, contact us today to see how we can help you.

• If I live in the basement and I have a lock on the door so my spouse can’t get in, does that qualify?
• What if the door doesn’t lock?
• What if the basement is a separate apartment we used to rent out?
• What if my spouse agreed that if I lived in the basement, he/she would agree we lived separately so we could get a divorce?
• What if my spouse moves out for a few months and then moves back in no matter how much I said I didn’t agree?

So far, the answer to all of those questions is a resounding “No!”  Of course, if your spouse moves out for awhile, and then moves back in, other areas of Maryland divorce law may come into play.

What with the economic downturn, there are rumblings that the Maryland legislature may consider changing the law to allow separate spaces in the same house to qualify as living separately.  If you aren’t sure what would happen in your Maryland divorce, give us a call, we’d be happy to meet with you and talk about your case.

• Does the issue promote, “a sense of personal safety and security,” for your child;
• Does it develop or enhance his or her interpersonal skills?
• Does it support his or her intellectual abilities (or help the child move through disabilities more successfully)?
• Does it enhance your child’s (nor your) sense of self-worth.

Whether you are bargaining for more time with your child, less time for the other parent, arguing about a choice of school or daycare, applying these child-centered principles to your decision-making can make you a better parent and give you persuasive clout in your custody and visitation case.

Here’s what you’ll find when you walk in our door:

Eryn Chaney, Executive Administrator

Client Waiting Area

Hard at Work

DO:
✓ Have someone over 18 years of age, of sound mind, and not part of the lawsuit, hand the papers to the person being sued; This can be done by a disinterested third person (don’t pick a friend or family member likely to engage in an altercation!); the sheriff of the county where the lawsuit is filed (for a fee); or a private process server. We usually choose the latter because, while they cost a little more than the sheriff, they almost always serve the papers.
OR
✓ Have the papers handed to someone over 18 years of age, of sound mind, and not part of the lawsuit, at the “dwelling place or usual place of abode,” of the person being sued;
OR
✓ Mail the papers to the person being sued, “by certified mail requesting: “Restricted Delivery — show to whom, date, and address of delivery.” We don’t use this unless there is no choice. The person being served may not be at home, may not go to the post office to pick up certified mail if they get a postal notice, or may not accept the papers at all. If used, it’s important to remember that plain certified mail won’t work. It has to be certified and restricted.

DON’T:
✗ Fax the papers
✗ Leave the papers taped to the person’s door (the illustration on this post falls into the category of how not to have someone served);
✗ Send the papers by regular or plain certified mail.
✗ Any other method than the ones described in the beginning of this post.

If you don’t get this right, the other party does not have to respond to your lawsuit. If you are trying to get court papers served and you aren’t sure how to get it right, you need full service representation.

Call us today to schedule an appointment.

(1) At a minimum, collect copies of the following papers.

Documents connected with the sale, refinance or lease of your home.
Bills . . . utility bills, phone bills, credit card bills, mortgage statements and anything else you pay regularly.
Retirement account statements (your and your spouse’s).
Bank account statements (yours and your spouse’s).
Purchase documents for anything you, your spouse or both of you purchased.
Insurance policy documents (health, auto, homeowner’s, rental, and especially, life).
Copies of correspondence (including text messages, emails, and other lawfully obtained documents) that has anything to do with your marital problems.

(2) Collect carefully. Whatever you do, don’t keep original documents or move them for long. Put things back where you find them, as soon as possible.

(3) Don’t steal and don’t invade your spouse’s privacy. This includes picking locks, breaking into secure areas, or cracking passwords.

(4) Once you’ve made your copies, keep them far away from your home or any other place to which your spouse may have access. If you are employed, it’s probably better not to keep things at work. Use caution when entrusting your documents to friends or family. the best solution is a safety deposit box or a secure storage area.

Many divorce cases are won or lost because of documentary evidence. Be sure you collect relevant information about what you may need and keep it safe from the coming storm. If you need more information about what you may need to collect, contact us today.

If this happens in your family, it is one area where you need to be especially vigilant of separating your feelings about your spouse from your actions with your kids. One of the things courts in Maryland look for when deciding a custody case is which parent is most supportive of the relationship the children have with the extended family of the other parent. And when you think about it, it makes sense. Your kids aren’t divorcing either of you, they shouldn’t have to divorce their grandparents, uncles, aunts and cousins either!

An absolute divorce allows the courts to end the marriage relationship. What does that mean? Among other things, it means that after you get one, your spouse usually can’t get your stuff if you die; if you take out a loan or buy property, your spouse isn’t entitled to or obligated by what you do; last names can be changed; and the court can divide up property between spouses.

A limited divorce doesn’t actually mean much. Most family lawyers in Maryland only ask the court for a limited divorce when it isn’t clear that the client has “grounds” for an absolute divorce, or when one spouse refuses to cooperate in negotiating and reaching a marital settlement agreement and the client really needs child support, alimony, or custody of the children.

If you aren’t sure which kind of divorce you need, or your spouse won’t agree to anything, give us a call so we can explain how the law might apply to you.

In Maryland, we have two basic kinds of “ground” for divorce, those based on time and those based on some fault of one of the parties.  Some of the “faults” in Maryland also require a specific time period.

So it should be pretty easy to figure out which “ground” applies to your case, right?  Just look it up in the book, or better still, check online.  Wrong!

The courts in Maryland have interpreted all of our statutes in very specific ways.  Also, the law changes every year.  Sometimes it changes a lot, sometimes, a little, but if you don’t know where or how to look, you can get burned.

If you want to know more about whether and how you can ask for a divorce using the correct legal reason, call us today and arrange for an Initial Office Conference.  We’d be happy to help you!