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, 2013

Maryland Court Denies Alimony Termination for Disabled Husband

Friday, September 27th, 2013

Section 11-108 of the Maryland Family Law Article provides:

Unless the parties agree otherwise, alimony terminates on:

(1) the death of either party; or
(2) on the marriage of the recipient; or
(3) if the court finds that termination is necessary to avoid a harsh and inequitable result

In Moore v. Jacobsen, 373 Md. 185, 817 A.2d 212 (2003), the parties agreed that the husband would pay the wife $833.33 in alimony every month and that no court would “have the power to modify” the agreement with respect to alimony. The separation agreement did not mention whether remarriage would terminate the wife’s right to alimony.   The Maryland Court of Appeals said that the agreement only prohibited modification.  For it to prohibit termination, the parties have to “agree otherwise” by expressly stating that the alimony would not terminate on remarriage.  So the court upheld the termination of alimony.

In Bradley v. Bradley, September 13, 2013, Maryland Court of Special Appeals, the husband had agreed to pay the wife $2,233.33 a month in alimony until the death of either party or the remarriage of the wife.  The agreement said it these provisions were non-modifiable by the court.  The husband petitioned to terminate alimony to avoid a harsh and inequitable result because he had become permanently disabled, had no income, and filed for bankruptcy.  He pointed out that the agreement did not expressly prohibit termination to avoid a harsh and inequitable result.

The court denied termination.  It said that the parties stated the reasons that alimony could be terminated, namely death or remarriage.  They could have included harsh and inequitable result but they chose not to do so.  And they agreed the court could not modify this.

Divorce Mediation

Friday, September 20th, 2013

Guest post by Sara Crawford, a writer from Atlanta, Georgia. With a BA in English and an MFA in Creative Writing, she has recently been blogging for Hait, Eichelzer & Kuhn, a law firm in Georgia.

Did you know that 71% of couples who employ divorce mediation are able to come to an agreement on some or all of the issues in their divorce?

Divorce mediation is effective because 9 times out of 10, both parties involved in a divorce really want to be able to find a way to communicate and come to an agreement. They both have valid points to make and want to be heard. A divorce mediator helps both parties to engage in a productive conversation that can result in a solution that everyone agrees on.

The best thing to do if you are interested in divorce mediation is to find a divorce attorney who is also qualified to act as a divorce mediator. This way he or she will be able to give you the best legal advice while also helping you to come to terms that will be ideal for both of you.

Divorce Quotes

Friday, September 13th, 2013

Now we have remarked that judges in general arrange matters so that the days on which they have to perform their judicial functions are their days of ill-humor, that they may be sure to have somebody on whom they can conveniently vent it in the name  of the king, of the law, and of  justice.

— Victor Hugo, The Hunchback of Notre Dame

Outrageous Behavior

Thursday, September 12th, 2013

Justin Steen, a divorce lawyer, woke up without an alarm every morning at exactly 5:00 am.  After his workout routine, he arrived at his office at 7:00 am and start organizing his day.  The phone rang at 9:00 a.m.

“Mr. Steen, it’s Julie Palmer,” said the caller, “You’ll never believe what my husband did now.”

“What did he do, Julie?”

“He booked our twelve year old on a ski trip without even telling me!”

“That’s outrageous.  I’ll call his attorney right now and follow up with a strong letter.  Don’t worry.  This will work against him when we get to trial.”

As soon as Justin hung up with Julie, the phone rang again.

“Hello, Mr. Steen, this is Ken Stevens,” said the caller.  “My wife has our daughter stuck in a day care center which is boring and just a glorified baby sitter.  I want to enroll her in a horseback riding program for the summer and my wife is against it.

“Why that’s outrageous.  I’ll call her lawyer right now and follow up with a strong letter.  Don’t worry.  This will work against her when we get to trial.”

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