Maryland Divorce Lawyer BlogThis article discusses the application of constructive civil contempt in a recent child custody case. It is Part 3 of a three-part series. Part 1 provides an overview of the law of contempt in Maryland. Part 2 includes a summary and analysis of Breona C. v. Rodney D., 253 Md. App. 67 (2021), which clarified the law of civil contempt in child custody cases.
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Breona C. v. Rodney D. and Constructive Civil Contempt in Child Custody Cases: Part 2 of 3
This article includes a summary and analysis of Breona C. v. Rodney D., 253 Md. App. 67 (2021), which clarified the law of civil contempt in child custody cases. It is Part 2 of a three-part series. Part 1 provides an overview of the law of contempt in Maryland. Part 3 addresses the application of Breona C. and constructive civil contempt in a recent case.
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Overview of Contempt in Maryland: Contempt Blog Series Part 1 of 3
This article includes a brief overview of contempt in Maryland. It is Part 1 of a three-part series. Part 2 addresses the landmark case of Breona C. v. Rodney D., which clarified the law of civil contempt in child custody cases. Part 3 addresses the application of Breona C. and constructive civil contempt in a recent case.
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2022 Updates to Maryland Child Support Laws
The Child Support Administration is required by law to review the Child Support Guidelines every 4 years to ensure that application of the Child Support Guidelines results in appropriate child support awards. The Child Support Administration must report its findings and recommendations to the General Assembly. During the 2020 Legislative Session, the General Assembly passed changes to Maryland’s child support laws, some of which took effect on July 1, 2022. One year later, this post discusses the changes to Maryland’s child support laws and the impact of these developments.
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Updates to Maryland Divorce Grounds Coming in October 2023
If you are considering filing for divorce in Maryland, your filing must include the grounds, or basis, for the divorce. Beginning this fall, selecting the grounds when filing for divorce will become an easier determination. During the 2023 Legislative Session, the General Assembly passed bills eliminating limited divorce in Maryland and changing the grounds available for an absolute divorce. On May 16, 2023, Governor Moore signed Senate Bill 36,which was cross-filed with House Bill 14, into law. The new version of Md. Code, Family Law § 7-103 will become effective on October 1, 2023, and will apply to all divorce cases filed on or after that date.
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What Does Use and Possession Mean In A Divorce Proceeding?
Use and possession applies to the family home and family use personal property.
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What Happens to Jointly Titled Marital Maryland Real Property in a Divorce?
In Maryland
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Common Questions About Shielding Peace Orders – 2023 Update
Who are the parties in a Peace Order proceeding?
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Common Questions About Shielding Protective Orders – 2023 Update
Who are the parties in a Protective Order proceeding?
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Common Questions About Peace Orders In Maryland
What is a peace order?
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Common Questions About Protective Orders In Maryland
What is a protective order?
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Common Questions Regarding Child Custody In Maryland
It is important to be aware that Maryland Courts and Orders recognize two parts to custody in the State of Maryland, physical custody and legal custody.
What does Physical Custody mean in Maryland?
If you have physical custody of your child, it means that you have the right and obligation to provide a home for your child at given times, and to make the day-to-day decisions required during the time your child is actually with you. In Maryland, physical custody can be primarily with one parent and your child visits the other parent or shared between the parents.
What does Legal Custody mean in Maryland ?
If you have legal custody of your child, it means that you have the right and obligation to make long range decisions involving education, religious training, discipline, medical care, and other matters of major significance concerning the life and welfare of your child. It is important to understand that legal custody has nothing to do with where your child lives. In Maryland, legal custody can be sole, joint, or joint with tiebreaker. Sole legal custody means one parent makes these decisions without the need to have the input of the other parent. Joint legal custody means both parents work together to make agreed upon decisions for their child. Joint custody with tiebreaker requires both parents to work towards an agreed upon decision on the issue(s). However, if an agreement cannot be reached after trying to do so in good-faith, the parent with tiebreaking authority makes the final decision on the issue.
How do Maryland Courts decide custody?
Courts in Maryland resolve custody and visitation disputes between parents based upon a determination of what is in the “best interests” of the child. You should understand that this determination may be different from what might be in your or the other parent’s best interests. A Judge will make this determination after considering the testimony and evidence you and the other parent present during your case. There are a host of standard factors a Judge will consider, but a Judge also takes into consideration the special circumstances of each case provided the evidence is presented. It is important to understand the importance and potential complexity of this determination as it is done on a case-by-case basis.
How can I modify a Custody Order in Maryland?
In order to modify a Custody Order, you must first prove to a Judge that something significant has happened since the initial Order was entered by the Judge. This ‘something significant’ is referred to as a “material change in circumstance.” A material change is not that you were unhappy with the Court’s initial decision. You must also prove that the change you are asking for is in the best interest of your child. It is important to understand the importance and potential complexity of proving that you have met this standard.
Do I need a Court Order in Maryland?
When a child is born or adopted to two parents, Maryland Courts automatically and informally recognize these parents as having the same rights and obligations to their child. There is no inherent determination of physical or legal custody upon birth of a child. If you and your child’s other parent are dealing with issues such that you need assistance in determining where your child lives, who makes decisions for your child, when the child is with each parent for the holidays, how much time each parent has for vacations and the summer months, etc. a Court Order will be beneficial. A Court Order can help define the rights and responsibilities of each parent and, if applicable, determine the amount of child support that one parent may need to pay to the other in support of the child. It is important to understand the importance and potential complexity of asking the Court to enter a Custody Order.
What is a Parenting Plan?
A Parenting Plan is a document that defines the specific roles and responsibilities for each parent as they communicate with each other and care for their child or children. The Maryland Courts have created a Parenting Plan, with instructions, to help Maryland families. The Parenting Plan and instructions can be found on the Court’s website here. Currently, Maryland Courts require parents to complete a Parenting Plan during the court process. It is important to understand the importance and potential complexity of completing a Parenting Plan.
If you or someone you know needs an attorney for custody matters, 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.
mscherer@silvermanthompson.com
(410) 385-2225
Joseph S. Stephan, Esq.
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225
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Are the Courts Holding Uncontested Divorce Hearings During COVID-19 Closures?
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.
mscherer@silvermanthompson.com
(410) 385-2225
Joseph S. Stephan, Esq.
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225
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Common Questions about Divorce in Maryland
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.
mscherer@silvermanthompson.com
(410) 385-2225
Joseph S. Stephan, Esq.
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225
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Petition for Contempt as a result of COVID-19
Some parents are facing difficult decisions during this COVID-19 pandemic, including whether their children should be physically near a parent that is working with the public. For some families, it means that one parent temporarily lives in another part of the house. A related CNN article can be found here. For other families, it means one parent temporarily lives in another place altogether. A related ABC article can be found here.
But, for co-parents that live in separate households, the thought of children being near a parent that is a first responder, a front-line worker, or an essential employee can lead to even more difficult decisions. The guidance from the Maryland Judiciary is clear:
All court orders for a child’s custody, parenting time, and child support are still in effect. In some situations, if permitted under the court order, custodians can jointly adjust their shared parenting responsibilities in ways that they agree are best for the children. If custodians are not able to agree, the court order controls.
When one parent refuses to allow the other parent to spend time with their children, often the refusing parent could be faced with a Petition for Contempt for not following a court order. The ramifications from a finding of contempt can be far-reaching and can include civil and/or criminal repercussions.
Pursuing or defending allegations of contempt should not be taken lightly and is a serious matter. If you dealing with this type of situation and need guidance, reach out to an experienced family attorney at Silverman, Thompson, Slutkin & White, LLC for assistance.
For more information, contact Monica Scherer, Esq. at 410-625-4740.
mscherer@silvermanthompson.com
(410) 385-2225
Joseph S. Stephan, Esq.
jstephan@silvermanthompson.com
(410) 385-2225
(410) 385-2225