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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 the ‘Grounds for Divorce’ Category

Maryland Alimony Factor #6

Tuesday, October 6th, 2015

The sixth factor the court has to consider in determining the amount and duration of alimony is “the circumstances that contributed to the estrangement of the parties.” MD Family Law Article 11-106(6).

But can adultery after separation contribute to the estrangement of the parties? Nan Willoughby married Robert Willoughby in 1928.  They had a stormy marriage for several years and Nan moved out in 1966 filing for divorce based on constructive desertion. Robert then moved in with another woman and Nan filed a supplemental complaint for adultery.

The trial judge found that the husband’s adultery was the fault that destroyed the home. The husband appealed arguing that the home had been destroyed with the separation of the parties some time before.

The Maryland Court of Appeals disagreed with the husband finding that:

Appellant wishes to isolate one point in time and determine the ‘fault which destroyed the home’ as of that time. We think the concept is broader than this, and permits the trial judge properly to consider all of the circumstances resulting in the destruction of the marriage, including the conduct and acts of the parties both prior and subsequent to actual physical separation.

Willoughby v. Willoughby, 256 Md. 590 (1970)

It’s Either Me or the Moustache

Thursday, October 1st, 2015

 

In Algeria, we hear that a woman has filed for divorce after three months of marriage because her husband will not shave his moustache.

I guess she has never heard the old French idiom:

“Un baiser sans moustache est comme un œuf sans sel!”

(“A kiss without a moustache is like an egg without salt!”)

Ashley Madison and Grounds for Divorce

Friday, August 28th, 2015

Do you have grounds for divorce if you find your spouse among the 37 million hacked users of Ashley Madison, the dating website for married people looking to cheat?

In DC, the answer is no. There are only two grounds for divorce in DC — six months voluntary separation or twelve months involuntary separation. But the court must still consider marital fault, among other factors, in deciding alimony and property distribution.

Maryland and Virginia have fault and no-fault grounds for divorce. Adultery is a fault ground in both states. Using Ashley Madison by itself does not prove your spouse has committed adultery. But it is probably enough to plead adultery in a complaint for divorce. Then you have to obtain the evidence. You can use then use the court discovery rules to ask your spouse directly. Your spouse must answer under oath and penalties of perjury.

Your spouse may take the Fifth Amendment but the divorce court is allowed to presume this means that adultery was committed. And some spouses will lie. In addition, Maryland and Virginia require corroboration of the adultery by independent evidence. So you may still have to hire a private investigator to follow your spouse.

Despite what you see in the movies, the private eye doesn’t usually burst into the hotel room with a camera. You can use circumstantial evidence to prove adultery with inclination and opportunity.
The testimony for inclination might be, “I saw them holding hands at dinner and watched them go into a hotel.”

For opportunity, the detective would say, “I put a chalk mark on the tire of the car in the parking lot and it was in the same place when I returned in the morning.”

Ashley Madison Hack Spurs Divorces

Friday, August 21st, 2015

Divorce lawyers are seeing an upsurge in business as a result of the hack attack on the Ashley Madison Internet dating site for married people.

The hackers posted names, street and email addresses and payments for millions of users, mostly men, since 2007.

“There’s definitely going to be a lot of people calling me in and wanting to quote-unquote know their rights,” Jacqueline Newman, a New York City lawyer, told Huffington Post.

Md Legislature Adds Mutual Consent to Grounds for Divorce

Thursday, 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.

Celebrity Divorce News

Tuesday, September 23rd, 2014

If you have been “Keeping Up With the Kardashians” on television, you will be interested to know that Kris Jenner filed divorce papers against Bruce Jenner yesterday in Los Angeles Superior Court, citing irreconcilable differences.

The couple have been married for 23 years.  It is the third marriage for Bruce and the second for Kris.  They had no prenuptial agreement.

The split appears to be amicable and the parties have agreed on joint physical and legal custody of their only child who is still a minor, Kylie Jenner.  Neither is asking for alimony.

Irreconcilable Differences

Tuesday, December 31st, 2013

Gulfnews.com reports the following reasons for divorce in Kuwait this year:

  • A woman discovered after one week of marriage that her husband used bread to eat peas rather than a fork.  She was disgusted and shocked by his lack of table manners and eating etiquette she said.
  • A woman wanted to divorce her husband for squeezing the toothpaste from the middle of the tube instead of the end.
  • A man divorced his wife for refusing to get him a glass of water.   She said the maid could do it.

Legal experts say a major reason for divorce in Kuwait is failure to accept differences in the other person.

Divorce for Political Incompatibilty

Tuesday, July 2nd, 2013

I try to tie current events into a divorce angle on this blog whenever I can.  But I never thought there would be a divorce story in the protesting crowds I am watching in the streets of Egypt on the morning news.

Sure enough though, there’s a divorce angle, according to Albawaba.com.  After 12 years of marriage, a 31-year-old Egyptian woman has filed for divorce in Cairo from her 35 year old husband.

The reason given is numerous disagreements over the last year about President Mohamed Morsi.  The woman said the husband is stubborn and will not stop his support for Morsi and she cannot accept that in a husband.

The husband said his wife makes negative comments on every decision Morsi makes and only listens for bad news on channels that do not tell the truth.

So far, political incompatibility is not grounds for divorce in Maryland, Virginia or DC.

Husband Forgets to Update Facebook Status

Friday, May 18th, 2012

Today Facebook launches its highly anticipated IPO.  So naturally we wanted to bring you a Facebook divorce story.

Laura Weisman reports in the San Francisco Chronicle that a woman in India has filed for divorce because her husband had not updated his relationship status on Facebook.  He was still listed as “single instead of “married”.  He says he was distracted with family and business and forgot to change it.

The couple had an arranged marriage just two months ago.  The judge has ordered the couple to undergo counseling over the next six months.

Apparently, there are several cases in India where spouses in arranged marriages have asked the court to divorce them on flimsy reasons, such as who makes the tea or failure to take an in-law’s phone call.

Divorce for Real Housewife of DC

Monday, September 26th, 2011

Tareq Salahi has filed for divorce from Michaele Salahi, White House gate crasher and one of the Real Housewives of DC.

Tareq accuses Michaele of desertion and adultery with Journey guitarist Neal Schon.

In the Complaint, Tareq claims Schon sent Michaele a picture of a part of his body via email.

There is no lawyer’s name on the Complaint, but it appears to be drafted by someone who knows divorce law.  There is no mention of a prenuptial agreement.

 
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