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Maryland Divorce Blog

More women are paying alimony and child support

Over the last several generations, family law courts in Maryland and elsewhere have been tasked with meeting American culture as it grows and shifts in many respects. In recent decades, not only has divorce become more prevalent, but so too has the tendency of unmarried couples to live together and have children.

Another societal change that continues to have effects in the field of family law is the success of women in the workplace. As more and more women are taking on roles as the primary breadwinners in a family, they are becoming responsible for alimony and child support payments when a marriage or relationship ends.

After divorce or broken engagement, who keeps the ring?

Celebrity gossip lovers may know all about the pending divorce of Kim Kardashian and Kris Humphries. Since the high-profile duo called it quits just 72 days after their lavish wedding, celebrity insiders have speculated about whether the celebutante will return the $2 million engagement ring to her ex.

The 20.5 carat diamond ring has been subject to much debate and it was reported today that Humphries has formally asked for the ring back. Gossip outlets say that Humphries paid for the ring, and feels that he should be able to reclaim it since Kardashian filed for divorce so soon after the nuptials.

Cohabitation births increase, support obligation remains the same

In a recent post, we wrote about how more couples are choosing to live together in lieu of getting married, are waiting to say "I do" until they are more comfortable financially or want to spend time developing their careers first. But waiting to get married doesn't mean that life is put on hold. In fact, more and more couples are having children outside of marriage whether by design or not.

Since 2002, there has been an 83 percent increase in the number of children born to mothers who are cohabitating with a male partner. For men, the number of cohabitation firstborns went from 18 percent to 25 percent in a similar timeframe. Even though the number of cohabitation births is increasing, the obligation to pay child support remains the same.

Use social media with care during Maryland divorce proceedings

Maryland residents who are going through a divorce or another family law matter are wise to be very careful with their Facebook and other social media accounts. According to the American Academy of Matrimonial Lawyers, more than 80 percent of divorce lawyers say the number of cases that use social networking evidence has been on the rise since 2006.

In all types of law, cases involving evidence culled from Facebook, Twitter or other sites is becoming common. Because Maryland residents have become so used to posting photos, location updates and personal thoughts on these pages, they often do not realize the weight that some of these observations can carry. Certain status updates, conversations or photos can have a drastic effect on a divorce settlement or child custody order.

Is same-sex divorce possible in Maryland?

As the same-sex marriage debate continues among politicians and residents in Maryland, same-sex divorce issues are being sorted out in the state's highest court. Maryland's Court of Appeals has recently taken up the divorce case of a lesbian couple after a judge denied the couple's divorce in 2010.

The couple married in 2008 in California and they filed for divorce about two years later in Maryland. But because Maryland does not currently allow same-sex couples to marry, a judge ruled that the divorce could not be recognized under the state's constitution. Although same-sex marriage has now been signed into law in Maryland, the law will not go into effect until 2013, and opponents are planning a referendum in November.

In England, some couples air dirty laundry to obtain divorce

A number of things can lead Maryland couples to file for divorce. Sometimes, one spouse is having an affair, or the relationship has become abusive. In other cases, the couple finds that they cannot agree on personal finances or religion and this division has eroded the marriage. And, sometimes a couple simply grows apart. The exact reasons for a divorce are not always revealed in Maryland because of the no-fault divorce option.

Under Maryland's family law statutes, a no-fault divorce can be obtained after one year of separation. If at this point there is no hope or expectation of reconciliation, either spouse can attain an absolute divorce without listing a reason. However, across the pond things are not so simple. In England, a divorce can only be granted if it falls under one of five categories. One of these categories, "unreasonable behavior," leads to what we in the states might consider to be very odd divorce cases.

What court should hear child custody dispute?

The foremost concern in every child custody matter is the best interest of the child. Such concerns are also to be used when courts interpret various child custody statutes - whether passed at the state or the federal levels.

A recent Maryland Court of Appeals case specifically dealt with interpretation of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) as it pertains to custody of a child. A Japanese court earlier had ordered guardianship of a minor child be granted to the child's grandmother, who is currently living in Japan, instead of granting custody to her biological father, now living in Maryland.

A Maryland trial court then decided against hearing the child custody matter. The child's father then appealed the trial court ruling by contending that Maryland should have jurisdiction over the matter.

More unmarried couples seek cohabitation agreements

In an interesting twist of events, while the rate of marriage has declined in America in recent years, the number of couples seeking prenuptial-type agreements has actually increased, according to a recent survey of the American Academy of Matrimonial Lawyers.

While many couples in Maryland and elsewhere are still choosing to live together and buy homes together, some are foregoing the traditional first step of signing on the dotted line of a marriage certificate. Because of this, an increasing number of unmarried couples are interested in legally-binding contracts called cohabitation agreements, which protect their assets in the event of a break-up.

For Md. parents who owe child support, federal benefits disappear

New methods of collecting child support may impoverish thousands of parents in Maryland and throughout the country next year. A change in government policies will now allow states to seize all Social Security, disability and veterans' benefits from people who have child support debts.

Many delinquent child support bills are decades old and the children in these cases are grown up. Much of the money that is owed amounts to interest and fees which were incurred at a time when the parent was disabled or institutionalized, according to news reports. The change will reportedly cause thousands of disabled and poor men to lose their entire income.

Intricacies of military divorce proceedings in Maryland

As we have previously discussed in our Maryland Divorce Blog, divorces among the nation's military service members are on the rise. Military divorces involve several complexities that civilian divorces do not. When we say "military divorce," we are referring to marriages in which at least one spouse was or is in the service.

One of the main differences between a military divorce and a civilian divorce is the intersection of state and federal law. Most civilian divorces in Rockville are guided mainly by Maryland's family law statutes, but in cases where one or both parties are military members federal law does come into play.

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