What are the differences…
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What are the differences between joint and sole custody?

In Maryland child-custody falls into two categories: legal custody and physical custody. Legal custody pertains to a parent’s decision-making authority regarding a child’s health, education, and religious upbringing. Legal custody can be sole or joint.… Read More
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Can my child's preference…
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Can my child's preference be considered during a custody case?

There are a number of ways to take children’s preferences into account during contested custody cases. If having a professional, or court-led, custody evaluation performed, the evaluator will usually speak with the child and may… Read More
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What steps can you take t…
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What steps can you take to preserve your inheritance during divorce?

To be clear, property that has been acquired during the marriage by gift or inheritance from a third party is non-marital property. However, the problem that often occurs is that the non-marital gift or inheritance… Read More
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Is Maryland an
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Is Maryland an "equitable distribution" or a "community property" state?

In a community property state, all property is presumed to be jointly owned unless proven otherwise and as a result it is divided equally during a divorce. However, in an equitable distribution state, title of… Read More
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What is the difference be…
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What is the difference between marital and non-marital property?

Marital property is any property that was acquired during the marriage using marital funds in order to acquire it. How something is titled doesn’t determine whether it is marital property. If it is acquired, and… Read More
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Can a court order a spous…
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Can a court order a spouse to transfer property to the other at the time of divorce?

A court has the power to order the sale of jointly owned property and divide the proceeds equally. However, if property is titled only in the name of one spouse, then generally a court canNOT… Read More
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What happens if divorcing…
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What happens if divorcing spouses want to keep the same property?

If both spouses want to keep the same property—the marital home, for example—who can keep it depends upon how the property is titled. If the home is titled in one spouse’s name, then only that… Read More
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How can our assets be div…
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How can our assets be divided fairly during divorce?

Maryland is an equitable—not equal—division state when it comes to dividing marital property between spouses. However absent extraordinary facts, there is generally an equal division of marital property at the time of divorce. That concept… Read More
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How are retirement accoun…
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How are retirement accounts divided during divorce?

There’s a difference between a pension, which is a “defined benefit plan,” and retirement plans such as 401(k)s or Roth IRAs, which are known as “defined contribution plans.” Defined benefit plans are commonly divided on… Read More
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How are valuable, tangibl…
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How are valuable, tangible assets valued during a divorce?

There are several ways to value this type of property. One way is for the parties to agree on the values. This should be the goal and it is certainly the easiest and least expensive… Read More
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