Maryland Family Law

The spy who loved me

What happens when a spy gets divorced?  It's a question that comes up from time to time in the D.C. metro area.  The Washington Post wrote an article about a recent Virginia divorce, although the parties' names were not disclosed.  According to the article, the CIA does not keep statistics on spy divorces, but some employees note that it is a very high rate.

New ground for divorce starts today

If you've been following the news, you may remember that October 1, the majority of the new laws in Maryland took effect.  Today being the first day courts are open after the change, you can now file for divorce based on a one year separation, ie, without the necessity of proving that the separation was voluntary.  As a pratical matter, this isn't a gound-breaking change in the law.  You still need to be actually separated (tight budgets and child-related disputes make this difficult).  Another practical limitation is that you still need to either work out the issues like finances, property and custody OR additionally wait for the litigation process to conclude, which can take many months more.  Still, given other legislation proposed this past term, it could be we are making small steps towards being more of a true "no-fault" divorce state. 

Using technology to catch a cheating spouse

The New Jersey appellate court addressed the legality of using GPS trackers in marital infidelity cases.  The Court held that the use of such technology was not an invasion of privacy, given that the tracker is merely reporting what any member of the public could see--the position of the vehicle.

This issue comes up frequently in family law, as it is a common tool used by private investigators and sometimes the spouses themselves.  The GPS tracker is placed on the car, and transmits the locations of the vehicle in intermittent bursts.  Typically this information in and of itself is not used as evidence, but it is used to determine where the spouse may be meeting his/her paramour.  Before engaging in such plan, it is advisable to consult with an attorney to ensure any evidence gained will be legally admissible.

Changes in divorce grounds

A new law recently was passed in the Maryland General Assembly making a change in the grounds for divorce.  Currently, Maryland has two "no-fault" grounds for divorce:  a voluntary separation of one year, or a separation of two years.  The new law eliminates the "voluntariness" requirement and allows divorce based on a separation of one year.  I don't see this change having a large impact on clients, however.  To the extent that a twelve month separation of any time may be required, many people are stuck in the marriage longer than they would like.   

Divorce litigation heating up?

While I am hoping today is the last frigid day of winter here, there is evidence that divorce litigation may be increasing as the economy slowly recovers.  A report on NPR today looks into the possibility that parties were waiting for the economy to improve before filing for divorce.  This can be a useful strategy depending on how the assets might be valued.  House values, retirement accounts, and in some cases, business values have dropped since the beginning of the recession and have not yet returned to their prior levels.  That can be a real boon to the spouse who wants to buy out the other spouse.  The NPR story also mentions the availability of loans, as this is a common way the home/business buy out would happen.  Finally, not having a job impacts alimony discussions.  It will be interesting to see the effect on already-crowded court dockets.                                 

 

Maryland Legislative Overview

In 2010, several bills pertaining to family law passed the Maryland Legislature.  The Maryland Child Support Guidelines have been revised, the filing fee surcharge is being increased, and protective orders can be extended for up to 2 years under certain circumstances.  As I have mentioned before, the child support revisions and the protective order extensions have been a frequent topic in legislative years past.  As is often the case, versions of these bills were introduced prior years and did not pass, however support for these measures grew over time.  I also find it interesting in that these changes result in Maryland family laws more closely resembling the laws of other states.  What changes would you like to see in Maryland family law?  What will family law look like in five years?  

Your First Amendment Right to Adultery?

This week, the Legal Blog watch posted about a rather novel case out of Florida.  A firefighter who was fired for having an extra-marital affair with a subordinate sued, claiming that the demotion violated his First Amendment right to "intimate association."  I suppose it is just a matter of time before someone tries this argument in a divorce case! 

Islamic marriage contracts

This week, I read and interesting post regarding Islamic marriage contracts. In this article, the reader regrets not reading her marriage contract, and details the common circumstances  in which the she was encouraged NOT to read it.  Is such a contact legally enforceable?  Readers, by now you know my oft-given answer of "it depends."  Pre-marital contracts (typically referred to as prenuptial agreements) can be legally enforceable, and are commonly upheld by the court unless it can be proven that there was fraud, duress or unconscionability.  Contracts can also be voided if they are found to be against public policy.  It is also possible that the court will find one part of the agreement invalid, yet other portions may be valid.  One example cited in the article is a provision to prohibit the wife from petitioning for divorce.  It is extremely likely that provision would be enforceable in Maryland, because it is fundamentally different from our legal system.   For example, see Aleem v. Aleem, in which the Maryland Court of Appeals refused to recognized a Pakistani divorce in which the Wife was given no opportunity to respond or seek her share of marital property.  Sound exotic to you?  I have had this issue come up in one of my Montgomery County cases, and I was successful in convincing the judge to not uphold the marriage contract.

A no-fault revolution?

A new bill has been introduced by Maryland Delegates Luiz Simmons (who happens to cover my district) and Benjamin Kramer, which, if enacted, would radically change divorce law in Maryland.  The new bill changes the current divorce statute to allow a couple to obtain an absolute divorce by abstaining from sexual relations for more than 12 months prior to the filing of the complaint.  The couple would NOT be required to live apart for any period of time.  I don't know whether the votes are there or not to make this happen, but the result would be dramatic for those couples who do not wish to continue in their marriage but cannot afford to move out.  I think this proposal strikes a good balance between the state's interest in promoting marriage, but allowing people to start the process without facing financial disaster.  Many Marylanders are having enough trouble making payments on one home....having separate abodes while waiting to file for divorce is impossible for some.   

Illegal tyrsts

Local outlet WTOP reported on the status of adultery law in New Hampshire, where the penalty has been decreased (from being forced to stand on the gallow to now a $1200.00 fine).  Adultery is still a crime in Maryland as well, with a $10 fine.