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Divorce Lawyers

Thyden Gross and Callahan LLPCounselors and Attorneys at Law

301-907-4580

 

Maryland Divorce Legal Crier

News and comments about divorce, child support, child custody, alimony, equitable property distribution, father’s rights, mother’s rights, family law, laws on divorce and other legal information in Maryland.

US Supreme Court Legalizes Same Sex Marriage

June 26th, 2015

The U.S. Supreme Court handed down a 5-4 decision today legalizing same-sex marriage nationwide. The decision was written by Justice Anthony Kennedy, who says in the last paragraph:

No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.

The Tale of the Two Kayaks and Other Divorce Trainwrecks

June 24th, 2015

We went to a birthday party for one of our neighbors last night. Sooner or later at parties, people around me start telling me their divorce trainwreck stories.

One woman told me about how she and her ex fought over who would get the two kayaks.

“Why didn’t you take one and let your ex take one?” I asked.
“They were a matched pair.”
“ So,” I said, “Just buy another matched pair.”
“They were hand-made and unique.”

It ended up that the husband bought the wife’s kayak for $750.

More divorce trainwreck stories.

It’s Splitsville for Celebrity Couple

June 11th, 2015

Marriage is on the rocks for Marge and Homer Simpson.

The celebrity cartoon couple will legally separate in the upcoming season when Homer leaves Marge and the kids for his pharmacist.

No word on whom Homer and Marge will hire for lawyers, but we’ve got room for just one more good case.

Divorce Quotes

April 17th, 2015

“Wherever a new disagreement emerges, so does new hope for enlightenment, on both sides of the fence.” — Mike Dooley, Notes from the Universe

Md Legislature Adds Mutual Consent to Grounds for Divorce

April 16th, 2015

The Maryland General Assembly has added “Mutual Consent” as new grounds for absolute divorce in Maryland, eliminating the waiting period, if

(1) the parties do not have any minor children in common;

(2) the parties execute and submit to the court a written settlement agreement signed by both parties that resolves all  issues relating to alimony and the distribution of property;

(3) neither party files a pleading to set aside the settlement agreement prior to the divorce hearing required under the Maryland rules; and

(4) both parties appear before the court at the absolute divorce hearing.

The new law, when signed by the Governor, will take effect October 1, 2015.

Would You Let Your Children Walk Home Alone

April 15th, 2015

by Nelson A. Garcia

Rafi Meitiv, age 10, and his sister Dvora, age 6, were walking along Georgia Avenue in Silver Spring when a passerby spotted them and called the police. A police officer asked the children what they were doing, to which Rafi replied, walking home from the park. The officer then went to the Meitivs’ house to talk with the parents, Alexander and Danielle Meitiv, who were amazed that their efforts to give their children independence has landed them in legal trouble.

In February, 2015, Child Protective Services said the parents committed “unsubstantiated neglect” of their two children,  This means that this agency will keep a file on the family for at least five years, which could leave the Meitivs vulnerable to prosecution if they let their children, walk home unattended again

The couple intend to appeal the finding, and say they will continue to allow their children to play or walk together without adult supervision.  “We don’t feel it was appropriate for an investigation to start, much less conclude that we are responsible for some form of child neglect,” Danielle Meitiv said.  The couple practice what is known as “free-range parenting”, which is a belief that kids should be given the tools and confidence to safely navigate their neighborhood without their parents.

Maryland law prohibits children under the age of eight from being left unattended in a dwelling or car, but makes no reference to the outdoors. Maryland law also allows children from the age of 13 to supervise other children. This may be the case that forces Maryland Courts to clarify the law in this area.  It raises the question of what age should children be considered old enough to be on their own in public.  Also when should authorities step in to trump the rights of parents to decide this question for their children and otherwise decide how to raise their children.

Nelson A. Garcia

For more information about this case, call Nelson A. Garcia at 301-907-4580301-907-4580 (extension 103) or email him at ngarcia@tgclawyers.com

Sweatpants Are Number One Reason for Divorce

March 25th, 2015

Eva Mendes says the number one reason for divorce is sweatpants.  That got a lot of pushback on social media but I think I know what she meant.  Sweatpants is just a symbol for a way of life.

In the sixties, some men grew their hair long.  Others objected to that.  But it wasn’t really the long hair they were objecting to.  They were really objecting to the hippie lifestyle and liberal belief system that long hair represented.

Think of a complicated set of beliefs as a suitcase.  Then use another word as a handle to carry that suitcase around.  For example, lawyers use the handle res ipsa loquitur meaning “the thing speaks for itself”.  This is a presumption that helps prove something by circumstantial evidence.  An example is if you see a broken flower pot on the sidewalk and a ledge above with flower pots, you can presume the flower pot fell off the ledge even though you didn’t see it happen.  But that’s too complicated to explain to the judge every time, so a lawyer might just say “res ipsa” and the judge knows what the lawyer means.

I think that Ms. Mendes was using sweatpants as a shortcut to say that you have to work at a marriage.  She meant you can’t just have an I-don’t-care sweatpants attitude about your relationship.  You have to bring a yoga pants attitude to your marriage.  That means you need to care about your spouse and your marriage.   And that means doing things like saying “I love you”, showing affection, talking, and being interested in their life.

Divorce Quotes

March 13th, 2015

There is no negotiating with crazy.  — Brian Perskin, NY Divorce Lawyer

Breakup Songs We Wish We’d Written

February 20th, 2015

Gone

by

Rip Chords (1963)

[SPOKEN]
We’ve been going steady
And you’ve been making me cry
Now it’s your turn, baby
So I’m saying bye-bye

[CAR ENGINE SOUND]
Gone, gone, gone
My baby’s gone, gone, gone
Yes, she’s gone (gone, gone, gone)
Yes, she’s gone (gone, gone, gone)
Whoa, she’s gone

Oh yeah, she’s gone, gone, gone
My baby’s gone, gone, gone
Where’d she go
I wanna know

Oh tell me why
She said bye-bye
And made me cry
I wonder why

She was the only one
Now she’s gone
And I’m the lonely one

My baby’s gone, gone, gone
My baby’s gone, gone, gone
Yes, she’s gone (gone, gone, gone)
Yes, she’s gone (gone, gone, gone)
Whoa, she’s gone

Just let her go, go, go
Let her go, go, go
No, no, no (go, go, go)
No, no, no (go, go, go)
No, no, no (go, go, go)

[repeat “no no no” several times]

Breach of Promise to Marry

February 19th, 2015

Professor April Domino looked over her horn-rimmed glasses at her Domestic Relations class.  She wore navy pants and jacket with a bright red silk blouse.  She used the Socratic Method, which is the classic law school process of teaching by asking questions.

“Amanda!” she called out, picking a student at random off the seating chart.  “Your client calls you and says her fiancé has called off the wedding and taken her engagement ring.  She has spent a fortune on the caterer and has had to go to therapy for the trauma.  Can you sue him?”

“Yes,” Amanda answers.  “Sue him for damages for breach of a promise to marry.”

“Congratulations, Amanda, you’ve just lost your first case!  To find out why, read Section 3-102 of the Maryland Family Law Article.

Embarrassed in front of her classmates, Amanda went to the library and pulled the book from the shelf.  She turned to Section 3-102 and read:

3-102. Action for breach of promise to marry.

(a)  In general.- Unless the individual is pregnant, an individual:

(1) has no cause of action for breach of promise to marry; and

(2) may not bring an action for breach of promise to marry regardless of where the cause of action arose.

Amanda decided she liked domestic relations and she vowed to make an A in that class.

 
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