divorce
The Supreme Court On Same-Sex Marriage: The Practical Impact of Obergefell v. Hodges
Today, making way for same-sex marriage, the Supreme Court decided the landmark case of Obergefell v. Hodges. The opinion gives same-sex couples the same rights as their different-sex counterparts. The issues as framed by Justice Kennedy (writing for the majority) were (1) whether the Fourteenth Amendment requires a State to issue marriage licenses to two…
Read MoreWhat Do You Mean You Restructure Families? I Want A Divorce.
What does it mean to restructure your family in your Maryland divorce? There is so much negative talk around divorce and separation. We’re all guilty of it. But sometimes divorce is the only option to find your way to a better life and sometimes divorce is not your choice, but a reality you must accept.…
Read MoreWhat is a Limited Divorce?
What is a limited divorce? There are two types of divorce in Maryland: a limited divorce (a divorce a mensa et throro) and an absolute divorce (a divorce a vincula matrimonii). As the name suggests, an absolute divorce completely terminates the marriage and entitles either of the parties, or both, to remarry. On the other hand, a…
Read MoreWhat Is A Corroborating Witness in Uncontested Divorce Proceedings? And Why Do I Need One
When spouses decide to separate and have no issues of dispute between them, they will seek an uncontested divorce. An uncontested divorce is usually filed on one-year separation grounds. Even in these situations, the plaintiff must still prove that grounds for divorce exist. McCabe RussellAt McCabe Russell Divorce and Child Custody Lawyers, we have an…
Read MoreHow Do I Get This Divorce Started? And Why Does It Take So Long?
Getting your Maryland divorce started and finished is not always easy. First, the complaint for divorce has to be drafted and signed by you, the party moving for divorce. Once the complaint for divorce is filed, the clerk of the court will issue what is known as a writ of summons. A writ of summons is…
Read MoreCollaborative Divorce: An Option for Parents of Special Needs Children
There is a lot to be said about a collaborative divorce for any divorcing couple. But as the parent of a special needs child, I can attest that when you are facing a long road of doctor appointments and IEP meetings, you might find that the collaborative process offers you what you need. And I…
Read MoreWhat In Tarnation is Discovery?
During the litigation process (if you go that route), you will eventually have to deal with “discovery.” The discovery process can include written interrogatories (questions that you have to answer in writing and under oath), requests for production of documents (which require you to put together documents for review by your spouse’s attorney – even ones…
Read MoreAre Second-Parent Adoptions Still Important for Same-Sex Couples In Maryland?
In light of the ever-changing legal landscape for same-sex couples, are second-parent adoptions still important in Maryland? As of January 1, 2013, the right to marry has been extended to same-sex couples in Maryland. Pursuant to Maryland law, a child born or conceived during a marriage is presumed to be the legitimate child of both…
Read MorePet Custody in Maryland Divorce
Pets and divorce can be a very emotional area of your separation. Many divorce settlements result in both parties sharing “custody” of their pets in common. Although not technically a recognized legal concept, as soon as the parties’ agreement becomes an order of the Court, it becomes enforceable. If you are considering a shared parenting plan…
Read MoreDivorce Mistakes to Avoid
Divorce mistakes can be costly in the high stakes of divorce and separation. Here are a few mistakes to avoid as you move through your Maryland divorce: Don’t Predict You Are Going To Win It All Don’t brag to anyone, especially the spouse from whom you are separated. Boasting usually escalates conflict, which inevitably increases your…
Read More7 Tips to Keep Your Attorney Bills In Check
Your attorney bills in divorce can be overwhelming. If you find yourself needing the services of an attorney, chances are you have enough worries without also being worried about astronomical attorneys’ fees. Even the cheapest attorneys aren’t “cheap,” and while you’d do well to think of your retainer with your attorney as an investment, you…
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