Articles Posted in Divorce

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The COVID-19 pandemic has swept the nation, causing uncertainty in its wake. While many essential businesses and government offices have shut down, the Maryland courts have been diligent in figuring out how certain matters can still be heard. While the Maryland courts may be restricted, many are still conducting uncontested divorce hearings at this time. If you and your spouse have an uncontested case that is ripe for testimony, the following courts are accepting new filings and may be able to hear your case now:

Circuit Court for Baltimore County: The Circuit Court for Baltimore County is now conducting remote uncontested divorce hearings as long as two attorneys are involved.

Circuit Court for Kent County: Beginning the week of May 5, 2020, the Circuit Court for Kent County is slated to conduct remote uncontested divorce hearings that are ripe.

Circuit Court for Somerset County: The Circuit Court for Somerset County is now conducting remote uncontested divorce hearings as long as two attorneys are present. The court is also accepting new filings for uncontested divorce hearings as long as it is filed through the MDEC filing system.

Circuit Court for Washington County: The Circuit Court for Washington County is conducting remote uncontested divorce hearings at this time. The court is also accepting new filings for uncontested divorce hearings.

Circuit Court for Anne Arundel County: The Circuit Court for Anne Arundel County is now conducting remote uncontested divorce hearings. The court will also be accepting new filings for uncontested divorce hearings.

Circuit Court for Charles County: The Circuit Court for Charles County is now conducting remote uncontested divorce hearings via Court call as well as skype. The court will also be accepting new filings for uncontested divorce hearings through the MDEC filing system.

Circuit Court for Howard County: The Circuit Court for Howard County is now conducting remote uncontested divorce hearings. The court will also be accepting new filings for uncontested divorce hearings.

Circuit Court for Queen Anne’s County: The Circuit Court for Queen Anne’s County is now conducting remote uncontested divorce hearings. The court will also be accepting new filings for uncontested divorce hearings.

Circuit Court for Worcester County: The Circuit Court for Worcester County is now conducting remote uncontested divorce hearings. The court is also accepting new filings for uncontested divorce hearings.

Circuit Court for Calvert County: The Circuit Court for Calvert County is now conducting remote uncontested divorce hearings. The court will also be accepting new filings for uncontested divorce hearings.

Circuit Court for Frederick County: The Circuit Court for Frederick County is now conducting uncontested divorce hearings on a limited basis of two days per week via telephone, however the court requests that a line be submitted first. The court is still accepting new filings for uncontested divorce hearings through the MDEC filing system.

Circuit Court for Montgomery County: The Circuit Court for Montgomery County has started to schedule remote uncontested divorce hearing dates for matters that have already been set.

Circuit Court for Cecil County: The Circuit Court for Cecil County is conducting remote uncontested divorce hearings for matters that have already been set.

Circuit Court for Talbot County: The Circuit Court for Talbot County is conducting remote uncontested divorce hearings.

The Circuit Court for Baltimore City, Prince George’s, St. Mary’s County, and Alleghany Counties are not hearing remote uncontested divorce matters at the present time.

If you or someone you know need guidance while going through a divorce, we encourage you to reach out to an experienced family attorney at Silverman, Thompson, Slutkin & White, LLC who can help you navigate your options

For more information, contact Monica Scherer, Esq. at 410-625-4740. 

 

 

Monica L. Scherer, Esq. 

mscherer@silvermanthompson.com 

(410) 385-2225 

  

Joseph S. Stephan, Esq. 

jstephan@silvermanthompson.com 

(410) 385-2225 

  

Erin D. Brooks, Esq. 

ebrooks@silvermanthompson.com 

(410) 385-2225 

 

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What is an Absolute Divorce?

The effect of Maryland’s absolute divorce is parallel to a traditional divorce; it is the final termination of the marriage. In an absolute divorce, custody, visitation, and child support terms between both parties are set, both parties are granted the right to live separately and apart, a legal name change may be granted (the resumption of a former name), and even remarry if they choose. An absolute divorce also allows the court to decide on matters regarding alimony and marital property, including any division of assets, transfer of retirement interests, and any other equitable distribution of real property, personal property and pension/retirement assets acquired during the course of the marriage. Ultimately, both parties are granted the right to sever all legal and financial ties from one another.

What are the grounds for divorce in Maryland?

In Maryland, the court may grant an absolute divorce on the grounds of:
(1) Adultery;
(2) Desertion, if it has continued for 12 months without interruption before filing for an Absolute Divorce; and the desertion was deliberate and final; and there is no reasonable expectation of reconciliation;
(3) Conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant was sentenced to serve at least three years or an intermediate sentence in a penal institution and served twelve months of that sentence;
(4) A twelve-month separation where the parties lived separate and apart without cohabitation for twelve uninterrupted months before the filing of the application for divorce;
(5) Insanity if the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least three years before the filing of the application for divorce; the court must then determine from the testimony of at least two physicians who are competent in psychiatry that the insanity is incurable and that there is no hope of recovery; and one of the parties has remained a resident of this state for at least two years prior to the filing of the application for divorce;
(6) Cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation;
(7) Excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation;
(8) Mutual consent so long as the parties execute and submit to the court a written settlement agreement signed by both parties that resolves all issues arising from the marital relationship (child custody, visitation, support, alimony and distribution of real and personal property, and asset division), neither party has filed a pleading to set aside the settlement agreement prior to the divorce hearing required under the Maryland Rules, and both parties appear before the court at the absolute divorce hearing.

Can I file for divorce if I have not been separated for one year?

While a 12-month statutory “no fault” ground remains a common way to receive an absolute divorce in Maryland, a party may be eligible to be granted an absolute divorce on fault based grounds requiring no period of separation if one can prove adultery, cruelty of treatment, excessively vicious conduct or have grounds for mutual consent.

What can I do if I do not have grounds to file for an Absolute Divorce?

A party may file for a Limited Divorce on the following grounds:
(1) Cruelty of treatment of the complaining party or of a minor child of the complaining party;
(2) Excessively vicious conduct to the complaining party or to a minor child of the complaining party;
(3) Desertion; or
(4) Separation, if the parties are living separate and apart without cohabitation

What is a Limited Divorce?

In Maryland, a limited divorce is not a final divorce. It does not terminate a marriage in its entirety. A limited divorce does not allow a spouse to remarry or to move forward in another relationship. A limited divorce is typically recommended in cases where division of marital property, spousal support, child custody, or child support are disputed and relief is sought by either party. Essentially, a limited divorce allows a party who has not yet met the grounds for an absolute divorce to obtain necessary relief from the court for custody, visitation, child support, use and possession of family home, family use personal property and family vehicle (when minor children are involved) in advance of a twelve-month separation.

What if the difference between a Limited Divorce and an Absolute Divorce?

The State of Maryland recognizes two types of divorce, an absolute divorce and a limited divorce.
An absolute divorce is the final termination of the marriage where custody and visitation terms for minor children are set, both parties are granted the right to live separately and apart, legally change their names, divide marital property, seek spousal support, and even remarry if they choose. In some cases, a physical separation of more than 12 months in different homes is not necessarily required before the filing for an absolute divorce if a party can prove adultery, cruelty of treatment, excessively vicious conduct or have grounds for mutual consent.

However, there are a number of scenarios where spouses may not be eligible to obtain an absolute divorce. Where a fault based divorce cannot be proven, a 12-month separation has not yet accrued, and the parties cannot mutually consent to a settlement agreement and some relief from the court in the interim is necessary, a limited divorce is then an option.

A limited divorce differs from an absolute divorce in that it is not a final divorce. A limited divorce does not allow a spouse to remarry. Furthermore, marital property acquired by each party even after a limited divorce is awarded remains a part of divisible marital property. The court is required to value all marital property only at the time of absolute divorce. Filing for a limited divorce will allow the court to decide on matters regarding child custody, child support, and spousal support.

If the parties later satisfy the grounds for an absolute divorce while the action for limited divorce is still pending in the court, the complaint for limited divorce can be amended to include a request for absolute divorce. Simply put, when an absolute divorce issue is not yet ripe, a limited divorce proceeding can allow a party to obtain certain relief from the court.

What can a Court award in a Limited Divorce?

Generally, in a limited divorce proceeding, the court can determine child custody and visitation, when children are involved the use and possession of family home, vehicle, household furnishings, child support, temporary alimony, and can award attorney fees.

What can a Court award in an Absolute Divorce?

Generally, in an absolute divorce proceeding, the court can change a spouse’s name back to any former name, award custody, decide visitation, determine the amount of child support and alimony to be paid, grant a monetary award, when children are involved decide the use and possession of family home, vehicle, household furnishings, award attorney and expert fees and costs, order certain jointly titled assets to be sold, divide or order the sale of household furnishings, and order the division of pension and retirement accounts.

How long does it take to get an uncontested divorced in Maryland?

It varies in each county, however if you already have a complete Marital Settlement Agreement signed by both parties and the proceeding is uncontested, typically between 3 – 6 months.

How long does it take to get divorced in Maryland?

It varies by county, however if your matter is contested and all issues are not resolved by a signed Marital Settlement Agreement, you can expect your contested divorce to take anywhere from 1-2 years.

 

If you or someone you know is considering divorce, we encourage you to speak to an experienced family attorney at Silverman, Thompson, Slutkin & White, LLC who can help you decide the right choice that is specific to your circumstance.

For more information, contact Monica Scherer, Esq. at 410-625-4740. 

 

 

Monica L. Scherer, Esq. 

mscherer@silvermanthompson.com 

(410) 385-2225 

  

Joseph S. Stephan, Esq. 

jstephan@silvermanthompson.com 

(410) 385-2225 

  

Erin D. Brooks, Esq. 

ebrooks@silvermanthompson.com 

(410) 385-2225 

 

 

 

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The spread of COVID-19 has stressed many family dynamics on a daily basis. Kitchen tables are now elementary school classrooms and backyards now host recess. With Maryland’s Stay-At-Home Order still in place, children and parents are finding themselves working through finding a new normal.

Parents that share time with their children between different households face an even larger set of challenges. Court orders that define parenting time, holiday schedules, and other child-focused decisions often do not help guide parents through questions like: “What happens in a global, viral pandemic?”.

With the seeming constant change to regulations and recommendations, the best recommendation is flexibility, while understanding your Order remains in place absent an agreement to deviate. Communicate with your children and your co-parent to make the best decision possible for your children and your collective family. Each day may bring new challenges and it is important that co-parents do their best to communicate about those challenges and remain open and flexible to the resolutions. Family flexibility is the new normal.

The Maryland Judiciary offers family services that can help co-parents work through decision making, including parenting plans and mediation services. Parenting Plan details are available here.

Another source of guidance may be working with a parenting coordinator.  If you do not have a current Order for a parent coordinator, and both parents agree to try this route, the Court is still processing Consent Orders.  During this period of social distancing and the Stay-At-Home Orders, mediation and parent coordination services are taking place via telephone and video conferencing and  is an effective way to gain assistance from a professional.

If you need help navigating the new normal, please reach out to an experienced family attorney. For more information, contact Monica Scherer, Esq. at 410-625-4740.

Monica L. Scherer, Esq. 

mscherer@silvermanthompson.com 

(410) 385-2225 

  

Joseph S. Stephan, Esq. 

jstephan@silvermanthompson.com 

(410) 385-2225 

  

Erin D. Brooks, Esq. 

ebrooks@silvermanthompson.com 

(410) 385-2225 

 

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I have a handful of clients in this exact situation and all of them are finding it increasingly difficult to share space in a home they no longer want to share with the other. In addition to grudgingly sharing the space, they are attempting to do so while one or both are working from home or while one is working and the other is laid off, while attempting to assist their children with distance/remote learning, and while juggling the household tasks of cooking cleaning, paying bills, etc. Needless to say emotions are on the rise. In a few of the cases I have been able to work out agreed upon designated areas (specific rooms) for each party to conduct their working from home duties, along with times for the use of those spaces, scheduling days and/or subjects each parent is responsible for assisting the children with their education, and how to handle the payment of expenses. While not a permanent solution, ‘rules’ to follow hopefully give the parents and children some consistency to reduce the tension in household.

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Another unfortunate consequence of COVID-19 is the postponement of the pendente lite hearings, settlement conferences and merit trials which were actually scheduled on the court docket months ago, but are not going forward as planned due to the court closures. Thus far, my experience has been that the courts are working hard to get the postponed cases reset as quickly as possible. Unfortunately, I have already had several client matters get reset only to be postponed and reset yet again as a result of the Administrative Order to extend the court closures. As a litigant, this can be extremely frustrating especially when the access to/custody of your children and finances remain uncertain.

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The short answer is yes, if your situation meets the statutory requirements for a protective order, peace order or extreme risk protective order, you may still obtain an interim order of protection. Pursuant to the Maryland Court of Appeals Chef Judge Administrative Order issued March 25, 2020, all petitions for new protective orders, peace orders, and extreme risk protective orders are to be handled by the District Court Commissioners’ office in the County/City where you would normally file. If granted by the Commissioner, the Interim Order will remain in place until further action is taken by the Court. As of now (April 7, 2020), the temporary hearings are being set for May 4 and 5, 2020 which may be subject to change, if the Administrative Order is modified.

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Oftentimes, parents with the best intentions disagree on how to manage the health, safety, and medical issues of their children. Throw in a pandemic and navigating custody and access becomes even more of a challenge with COVID-19 CDC recommendations and government-imposed restrictions. As a practitioner, this is a first, and we are all seeking some guidance from the judiciary to help us support and advise our clients on these issues. The Maryland Judiciary has put out the following statement on matters concerning children and families.

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A Custody Evaluator is appointed by a Court pursuant to Maryland Rule 9-205.3.  Pursuant to the Maryland Rule there are mandatory elements of a Custody Evaluation as set forth in 9-205.3(f)(1) and optional elements as set forth in 9-205.3(f)(2).  Mandatory elements, subject to any protective order of the court, a custody evaluation shall include: (A) a review of the relevant court records pertaining to the litigation; (B) an interview with each party; (C) an interview of the child, unless the custody evaluator determines and explains that by reason of age, disability, or lack of maturity, the child lacks capacity to be interviewed; (D) a review of any relevant educational, medical, and legal records pertaining to the child; (E) if feasible, observations of the child with each party, whenever possible in that party’s household; (F) factual findings about the needs of the child and the capacity of each party to meet the child’s needs; and (G) a custody and visitation recommendation based upon an analysis of the facts found or, if such a recommendation cannot be made, an explanation of why. Optional elements include, subject to subsection (f)(3) of this Rule, at the discretion of the custody evaluator, a custody evaluation also may include: (A) contact with collateral sources of information; (B) a review of additional records; (C) employment verification; (D) an interview with any other individual residing in the household; (E) a mental health evaluation; (F) consultation with other experts to develop information that is beyond the scope of the evaluator’s practice or area of expertise; and (G) an investigation into any other relevant information about the child’s needs. Maryland Rule 9-205.3(f)(1)(G) specifically provides the custody evaluator is to provide “a custody and visitation recommendation based upon an analysis of the facts found or, if such a recommendations cannot be made, an explanation of why”.

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The U.S. Code of Federal Regulations, Part 838.103 provides “Self-only annuity means the recurring unreduced payments under CSRS or FERS to a retiree with no survivor annuity payable to anyone. Self-only annuity also includes the recurring unreduced phased retirement annuity payments under CSRS or FERS to a phased retiree before any other deduction. Unless the court order expressly provides otherwise, self-only annuity also includes any lump-sum payments made to the retiree under 5 U.S.C. 8343a or 8420a.” While the Gross annuity “means the amount of monthly annuity payable to a retiree or phased retiree after reducing the self-only annuity to provide survivor annuity benefits, if any, but before any other deduction. Unless the court order expressly provides otherwise, gross annuity also includes any lump-sum payments made to the retiree under 5 U.S.C. 8343a or 8420a”.  The Office of Personnel Management (OPM) will apply the martial share formula to the gross annuity UNLESS the Order states otherwise, see U.S. Code of Federal Regulations, Part 838.306 (b) which states “the standard types of annuity to which OPM can apply the formula, percentage, or fraction are phased retirement annuity of a phased retiree, or net annuity, gross annuity, or self-only annuity of a retiree. Unless the court order otherwise directs, OPM will apply to gross annuity the formula, percentage, or fraction directed at annuity payable to either a retiree or a phased retiree.”  Gross Annuity is the default.

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Sen. Wayne Norman (R-Harford) has introduced SB 499, a bill that would allow a circuit court to grant an absolute divorce on the basis of mutual consent, with only one of the parties appearing in court. The bill deletes Fam. Law Sec. 7-103(a)(8)(iv), which currently requires both parties to appear before a chancellor when they are seeking an absolute divorce. The bill hearing is set for February 14, 2017 in the Senate Judicial Proceedings Committee.

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