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Thyden Gross and Callahan LLPCounselors and Attorneys at Law

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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 July, 2011

Your Chances at Trial

Thursday, July 28th, 2011

“Never tell me the odds, Kid.”  That’s what Hans Solo said to Luke Skywalker just before they flew through the asteroids in Star Wars.  And I hear it in my head every time a client asks me what I think their chances of winning are.

First, the Code of Professional Responsibility prohibits me from giving you percentages, because each case is unique with its own set of facts.

Second, the judge weighs the testimony and credibility of the witnesses, and there is no lie detector at the bench.

Third, the judge doesn’t always get it right.

Fourth, you might win or you might lose, or it might be something in the middle.  Usually there is a least one thing in the judge’s decision to feel bad about.

Fifth, my crystal ball is cloudy.

Sixth, two judges trying the same set of facts, will give different opinions.

Seventh, judges have their own filters, feelings, history and perceptions.   Did the judge have an absent father and nurturing mother?  Is the judge divorced and mad about having to pay alimony?  Did the judge have a good breakfast or an argument with their spouse on the morning of your trial?

So your chances of winning?  It all depends.

Lost

Monday, July 25th, 2011

This excerpt from an article by Jane Eaton Hamilton struck me as a particularly poignant description of the losses felt by people going through divorce:

“We had lost our wives and husbands. We had lost our best friends. We had lost sex. We had lost our children. We had lost our animals. We had lost our homes. We had lost our furniture. We had lost our gardens. Our incomes had severely plummeted. There were new therapists to pay, and lawyers to pay, and moving costs to pay. Some of us had to replace even the spices in our cupboards and the toilet brushes behind the bowls. We moved without screwdrivers, without our art, without our shampoo.”

The Fade Away Divorce

Friday, July 22nd, 2011

With Social Security and entitlements under debate, baby boomers are hitting their 60’s and guess what else.  They are getting divorced.

Long term marriages account for nearly a quarter of divorce filings in recent years.  This is attributed to many factors, including the growing financial status of women, and couples drifting apart after the kids are gone.

Many of these “gray divorces” are less hostile than the usual divorce.  The marriage ends with a fade away divorce rather than a divorce by crisis.  The parties just want to separate their finances and move on with their lives. Another interesting statistic is that once divorced, more boomers are staying single.

Source:  KansasCity.Com

Certificate of Service

Wednesday, July 20th, 2011

Today I received an order from the court notifying me that my opponent’s motion to dismiss my complaint was denied.  Only problem is that I never received a copy of the motion.

Since I won anyway, and my opponent is not a lawyer and she is representing herself, I am not going to complain.

I did let her know, however, that she must mail or deliver a copy to me of any future pleadings she files, so that I will have an opportunity to respond.

Maryland Rule 1-321 says in part “Service…shall be made by delivery of a copy or by mailing it.”

And Maryland Rule 1-323 provides in part:

“The clerk shall not accept for filing any pleading or other paper requiring service, other than an original pleading, unless it is accompanied by an admission or waiver of service or a signed certificate showing the date and manner of making service.”

If you are a do-it-yourselfer, don’t forget to mail a copy to the other side and put a certificate of service on the pleading you file with the court.

 
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