Skip to content
  • Maryland
  • Virginia
  • Washington, D.C.

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.

Archive for September, 2010

When Divorce Hits The Family Business

Friday, September 24th, 2010

A Boston law firm has started a blog called “Our Family Business at Odds” written by members of the firm and a business consultant.

It is dedicated to avoiding, resolving, mediating or litigating the disputes that arise in family businesses.  A recent article is about the McCourt divorce which involves the Los Angeles Dodgers as the family business.

Family businesses, says the introduction, “are not like every other business. Family businesses are personal and evoke strong emotions, which sometime go back generations, which can make them especially volatile. These strong emotions must be taken into account when attempting to resolve disputes.”

We see a lot of business owners in the Washington, DC area.  These cases are usually interesting because they involve not only divorce law, but business law, corporate law, partnership law, contract law, patent law and tax law as well as the emotional issues.

Divorce Without Moving Out

Thursday, September 23rd, 2010

by Michael F. Callahan

With home prices down and unemployment up, some people who would like to divorce cannot afford to separate.   As in other divorce topics in the Washington area, the answer to the question “Can I get a divorce if neither I nor my spouse has moved from the marital home?” is, “It depends on the jurisdiction.”

Maryland cases hold that you cannot be divorced on “separate and apart” grounds without moving out because, even if the parties want to divorce and no longer cohabit, that is have sexual relations, they cannot be said to be living separate and apart if they live in the same house.   This has been held to bar the divorce when one spouse moves back in even temporarily for financial or other reasons.  Lillis v. Lillis, 235 Md. 490; 201 A.2d 794 (Md. 1964).

The Maryland Court of Appeals recently allowed a limited divorce to proceed on constructive desertion grounds where the spouses still lived in the same house.  Last year the Maryland legislature considered a law that would have allowed divorces in certain cases on grounds of voluntary separation while the parties still lived together, but it did not pass.  Next we’ll examine how Virginia views divorce without moving out.

Maryland Grounds for Absolute Divorce
Maryland Grounds for Limited Divorce

Think Twice Before You Marry a Dancer

Tuesday, September 21st, 2010

Just in time for Dancing with the Stars, a study from Radford University reveals the following divorce rates among various occupations:

  • Dancers and choreographers (43.1 percent)
  • Bartenders (38.4 percent)
  • Massage Therapists (38.2 percent)
  • Fish and Game Wardens (25.5 percent)
  • Detectives (12.5 percent)

Other occupations in the top ten for divorces were casino workers, telephone operators, nurses and domestic health aides.  Among the lowest divorce rates were engineers.

News Article

Divorce Registry

Friday, September 10th, 2010

Let’s face it.  Divorce is a miserable life experience.  But it can also be a growth experience.  DivorceCandy.com is a website whose mission is “to show that there is life after divorce … that divorce can lead to all things positive and happy, and no one should feel ashamed or embarrassed to go through one,” according to founders Randi Small and Jen Schwartz.

The site features articles, forums and advice, including inspiring and helpful responses from readers, like something valuable you’ve learned from your divorce (candy tastes better), and what advice you would give to someone going through a divorce (things get worse before they get better).

There is even a divorce registry with gift ideas about what to get that friend who is going through a divorce (tools, toaster, and so forth).

Same Sex Divorce

Tuesday, September 7th, 2010

by Jill H. Breslau

Every solution brings new problems.  For those states that have legalized same sex marriage, the new concern has to do with divorce: do the same rules apply as for heterosexual married couples?  And what happens when couples marry in a state that recognizes their marriage and then they move somewhere that doesn’t?  If they break up, can they seek legal remedies, such as alimony, property division and child custody in the courts?

In DC, same sex couples can now legally marry.  In Maryland, the attorney general has decided to recognize in Maryland gay marriages that take place elsewhere.

Logic says that if people are married, they should be entitled to the rights and responsibilities inherent in marriage.  But the laws of the states haven’t necessarily followed that reasoning.  Some states refuse to acknowledge same sex marriage and therefore won’t grant a divorce to the couple.  Since almost every state has residency requirements, people may be compelled to relocate, uprooting their lives, changing their jobs, just to end their marriages.

Scapegoating

Friday, September 3rd, 2010

David Code is a minister and author who says we all have a built in defense mechanism called scapegoating that allows us to blame others when life gets too stressful.

Scapegoating may have been useful for us when we were cave people, because it allows you to lay off stress on those around you, so you can concentrate on survival. But it can play havoc in a modern marriage when the most convenient scapegoat for your troubles is your spouse.

Being aware of the concept can go along way toward solving the problem. Criticizing your spouse or pointing out their faults may really be our own misdirected anxiety finding a nearby scapegoat. After all, if we had to take responsibility for our problems, we might also have to take responsibility for fixing them. It’s much easier to complain to our spouses.

This realization, says Code, may also allow you to give up searching for a Spouse-Upgrade. Thinking the grass is always greener is an illusion because our anxiety and scapegoating instincts will still be with us even if we have a different mate.

 
© 2018 Thyden Gross and Callahan LLP. All rights reserved.