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  • November 8, 2023

MARYLAND’S CHANGE TO DIVORCE LAW NOW EFFECTIVE

The greatest change in Maryland domestic law in more than 50 years is now in effect.  Legislation passed earlier in the year has fundamentally altered the grounds on which a court can grant a divorce, completely eliminated one type of divorce, and changed the way that marriage will be valued in domestic litigation. The grounds for divorce are stated in the Maryland Code, Family Law Article, Part 7.  Historically, Maryland has recognized three types of divorce: a limited divorce, an absolute divorce based on the fault of one party, and an absolute divorce without fault. A limited divorce is what…

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  • September 28, 2021

NEW HIGH COURT DECISION DEFINES DE FACTO PARTENHOOD IN MARYLAND

The Court of Appeals of Maryland has issued a comprehensive decision that breaks new ground in the controversial matter of de facto (“parent-in-fact”) parenthood.  The case is captioned E.N. v. T.R. and the controversial 5 – 2 decision generated more than 100 pages of majority and dissenting opinions. The case concerned two minor children, who had lived with their father and his live-in girlfriend (T.R.) until the father was convicted of federal crimes and sentenced to ten years in prison.  Both T.R. and the biological mother (E.N.) claimed custody rights of the children, then ages 13 and 11.  The biological…

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  • June 25, 2021

THE DIVISION MILITARY SPECIAL SEPARATION BENEFITS

Military retirement benefits are a complicated and unique aspect of family law. Ferguson, Schetelich & Ballew recently argued and won a question not previously addressed by any reported Maryland case, concerning the shared obligation of divorced spouses to repay Special Separation Service benefits paid during the marriage. The facts were not usual. The husband was in the military, and when retiring took at Special Separation Benefit. These were benefits offered by the Department of Defense as “a lump-sum payment of members [of the military] who separated voluntarily from service” to encourage a draw down in service personnel. Under the DOD…

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  • January 5, 2021

CHANGES IN MARYLAND CHILD SUPPORT LAW AND THE EARNED INCOME TAX CREDIT FOR 2021

Maryland child support laws will see a substantial overhaul in 2021, the most significant in more than a decade. The changes actually began in October, 2020 when the change in “shared physical custody” status went into effect. There two types of physical custody for child support purposes: sole custody and shared custody. The shared custody calculation is based on the number of overnights that the child is with each parent and is usually lower than if one parent has sole custody.. This is because when parents have shared physical custody it is assumed that both parents contribute to the expenses…

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  • June 17, 2019

A Spouse May Be Barred from Receiving Statutory Share from a Deceased Spouse’s Estate by the Doctrine of Unclean Hands

On May 29, 2019, the Court of Special Appeals of Maryland issued an opinion in In the Matter of Robert H. Watkins, Jr. in which the Court denied to a widow a spousal share of the Estate under the common law doctrine of “unclean hands” because the marriage was procured by undue influence.  This was a case of first impression in Maryland. Robert F. Watkins, Jr., was a real estate and racehorse owner in Maryland.  Mr. Watkins was raised by an affluent family in Maryland and he was married three times.  It was during his second marriage to Jasmine Watkins that he…

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  • November 5, 2018

New Maryland Law Extends Grounds for Divorce Without Separation

Maryland’s family law has been steadily expanding the ability for consenting couples to obtain a divorce with a minimum of expense and litigation.  A Maryland couple with children had to be separated for at least one year before an action for divorce could be filed, even if both husband and wife had agreed to the divorce and its terms. The Maryland legislature has now created a new grounds for divorce by agreement, without separation, even if children are involved.  The new statute (SB120), effective October 1, 2018, provides that divorcing parties with minor children can get divorced with no required…

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  • May 10, 2018

Competing Life Insurance Claims Between the Spouses in a First and Second Marriage

Family law can not only put a husband and wife in adversarial litigation; but also create competing claims between the spouses in a first and second marriage.  Consider the following situation faced by the Ferguson, Schetelich & Ballew Family Law Practice group. A divorced husband was obligated by the Court’s judgment to provide life insurance for the benefit of his divorced wife.  Over time, the husband remarried. The new couple made reciprocal Wills benefiting one another, and each changed their life insurance beneficiary to name the other.  When the husband unexpectedly died, both the first and second spouse make claim…

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