Posts tagged "property division"

Differences between legal and trial separation

When a Maryland couple is having trouble in their marriage, they may go through a trial or legal separation before deciding if they want to divorce. While a trial separation is considered by the law to be no different than simply being married, a legal separation is another matter. A legal separation is not as binding or permanent as a divorce, but the matters of child support, property division and spousal maintenance may come up.

How is property divided in Maryland?

Any property that spouses obtain during their marriage becomes marital property, no matter whose name is on it. This means that a car with only one spouse's name on it is considered jointly owned and subject to property division if the spouses divorce. During a divorce, if spouses cannot come to their own agreement regarding property division, the court will make the decision for them.

Maryland separation agreements

In Maryland, the law allows married couples who do not believe they will be able to reconcile to enter into separation agreements. Such agreements can be oral or in writing, and they can later be used as evidence supporting grounds for a requested divorce by either or both parties.

Same-sex family law appeal has Maryland connection

On Aug. 26, the Chicago-based 7th U. S. Circuit Court of Appeals heard arguments regarding whether the ban against same-sex marriages in Wisconsin and Indiana should be upheld. The three-judge panel listened to arguments from the attorneys representing several same-sex couples who brought the challenge.

A special consideration for dividing debts during divorce

The laws regarding property division in a divorce are complex. While most people think of these laws as pertaining only to assets, they also pertain to the division of debt because creditors won't go away simply because a couple divorces. Each debt is usually assigned to one party so that things are as simple as possible.

Divorce can be a motivator for positive change

All too often, people in Maryland discussing divorce focus on the negative but doing that is only to examine one aspect of something that is multifaceted. Divorce can be a motivator for positive change and can actually result in everyone involved being happier and more satisfied with their lives. Living with a marriage that is simply not working is unlikely to leave anyone happy. Lingering on accomplishes nothing other than the passage of time, and with elapsed time, lost opportunities.

Divorce rate dropping, but not for baby boomers

For many years, the general rate of divorce in Maryland and nationwide was around 50 percent. Just recently, it apparently dropped to closer to 40 percent. But for one age group, those over 50's, sometimes called the baby boomers, that is not the case. Their marriages are still ending in divorce at about a 50 percent rate.

Adultery may not matter in divorce

You may be full of very strong emotions as you head into your divorce proceedings. Maybe your spouse cheated on you, spent all your money, or engaged in some other hurtful act that has left you bitter and angry. Even though you may have these strong feelings, it is important to realize that Maryland and other states have all but done away with the concept of "blame" during a divorce. If your spouse cheated on you, it will have little bearing on the outcome of your divorce case.

Divorce parties growing in popularity

While divorce rates have been on the decline in recent decades, individuals in Maryland and elsewhere have taken an increasing interest in celebrating the ends of marriages. While critics of divorce parties have harshly compared the practice to "celebrating a miscarriage," advocates say they empower divorcees and help them to begin enjoying post-divorce life.

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