Caroline fidgeted uncomfortably in the worn leather client chair in Art’s cluttered lawyer’s office.  “Why do we have to send him discovery anyway?”

“Well, the purpose of discovery is to avoid surprises at trial and encourage settlement,” replied Art making a steeple with his hands.  “For this reason, the scope of discovery, as set forth in MD Rule 2-402 is very broad.  We sent your husband written interrogatories and a request for documents, which are among the methods allowed by MD Rule 2-401.”

“But he hasn’t responded,” complained Caroline, brushing her dark blonde hair out of her eyes, as she reached into her purse for a cigarette and lighter.

Art silently decided not to tell his client it was a non-smoking building.  He pushed his half empty cup toward her for an ashtray.  It was cold anyway, he thought to himself.  “Yes,” he said.  “But he has 30 days, plus 3 since discovery was mailed, to either answer, object or file a motion for a protective order under MD Rule 2-403.”

“What if he doesn’t give us all we asked for?”  Caroline blew a long puff of smoke into the atmosphere of Art’s office, which was crowded with knicknacks, bric-a-bracs, bibolots, and memorabilia from past cases,  accumulated over his long career.

Art took off his silver, wire framed glasses and began to clean them with his handkerchief.  “If he fails to respond sufficiently, then I must first make good faith attempts to settle the discovery dispute with his counsel under MD Rule 2-431.  If that doesn’t work, I file a motion for an order compelling discovery under MD Rule 2-432.  If he still doesn’t respond, then I can ask for sanctions or ask for a contempt order under MD Rule 2-433.  And if he doesn’t respond at all, I can skip the order compelling discovery and ask for immediate sanctions under MD Rule 2-433.”

“And what are sanctions?” asked Caroline arching her eyebrows that looked like the tops of two question marks.

“The court can strike his pleadings, prohibit him from testifying, keep him from offering exhibits or witnesses or proof of anything that would contradict your claims or support his claims, and order him to pay your legal fees for his failure to comply with discovery.”

“Good, I like that,” said Caroline, tossing the last of her lit cigarette, as though she wished it was her soon to be ex-husband, in Art’s coffee cup where it sizzled as she walked out of his office.

“My husband and I have not been intimate for over a year,” Louise, an unhappily married woman tells Joe, a Maryland divorce lawyer, “and I want a divorce.”

“OK, any other woman in his life?” inquires Joe.

“No.”

“Hmmm, any domestic violence or threats?”

“No.”

“Then you’re going to have to move out of the house for a year before you can file a divorce complaint,” says Joe trying to push the box of tissues across his desk toward Louise unobtrusively.

“But we can’t afford that,” cries Louise reaching for the tissues, “There must be another way.”

Neighboring jurisdictions, DC and Virginia permit parties to be separated while living in the same house, but not Maryland.  In Maryland, spouses are required to live separate and apart under different roofs for one year if the both agree, and two years if they don’t.  This waiting period must occur before they can even file for divorce.  And the divorce might take a year or longer after that.  These are the no fault grounds.  Adultery and cruelty have no waiting period.

The purpose of this waiting period is to favor marriage over divorce and make sure the parties really, really want to be divorced and not married.  After all, sometimes people change their minds.  But the recession has forced many couples to live together in misery because they cannot afford to separate.

So Montgomery County Delegate Luiz Simmons, an attorney, will support legislation this year to add a new grounds for divorce in Maryland, according to this morning’s Frederick News Post.  If this law passes, couples who go a year without sex would be able to file for divorce.

New York City lawyer, Steven Simkin, paid his ex-wife, Laura Blank, 2.7 million dollars for her half of their investment with Bernard Madoff’s fund as a result of their marital settlement agreement.

When Simkin found out the fund was worthless earlier this year, he sued his ex to get the money back, claiming there was a “mutual mistake of fact” which gave his ex a windfall.

Manhattan Supreme Court Justice Saralee Evans refused to set aside the agreement and dismissed Simkin’s lawsuit.

Read more.

If you don’t know what to get that person who has everything this year, a London law firm is offering a gift certificate for a half hour consultation with a divorce lawyer.  The cost is $125 pounds (about $200).

The firm, Lloyd Platt & Company, says demand for the certficates is soaring, with 60 sold so far, and the firm is swamped with inquiries about this “must have” Christmas gift.

Source:  MSNBC

(To the tune of “Santa Baby” by Joan Javits)

Lawyer baby, just slip a complaint across your desk, for me
So I can get my divorce quickly
Lawyer baby, so hurry file the complaint today

Lawyer baby, a ‘54 convertible too, light blue,
And half the other property
Lawyer baby, so hurry file the complaint today

Think of all the fun I’ve missed,
Think of all the fellows that I haven’t kissed
Next year I could be just as good
With everything on my divorce list

Lawyer baby, I want a yacht and really that’s not a lot
Been an angel all year
Lawyer baby, so hurry file the complaint today

Lawyer honey, one little thing I really need, the deed
To a platinum mine,
Lawyer baby, so hurry file the complaint today

Lawyer cutie, and fill my stocking with a duplex and cheques,
Sign your x on the line
Lawyer cutie, and hurry file the complaint today

Come and let me pay your fee,
With the cash you will collect for me
I really do believe in you,
Let’s see you get me alimony

Lawyer baby, forgot to mention one little thing, a ring,
I don’t mean on the phone,
Lawyer baby, so hurry file the complaint today

Hurry file the complaint today
Hurry, today.

“To hide one lie, a thousand lies are needed.”
- Saying in India

Tiger Woods found out the hard way.

If you are going to cheat, your spouse will find out about it.  There are no secrets.  Your paramour will tell somebody or somebody will see you together.  That somebody will tell someone else.  Eventually word will get back to your spouse.

Actions have consequences.  You may think they don’t, but they do.  Ask any divorce lawyer.  If you’re going to play, you have to pay.  Think about the consequences before you act.  Is it worth the cost?

You choose your actions.  You can choose to be faithful and committed to your marriage or not.  But affairs don’t just happen.  People don’t fall out of love with their spouses.  They make a choice.  What choices are you making in your life?

Here’s some clever advertising for a divorce attorney in Germany featured on Advertolog.com and CoolAd.com.  As you get on the office elevator, you see a poster of a newly married couple on the elevator doors.  But when the doors open, the couple splits apart.  The sign in the elevator is for divorce lawyer, Sabrina Stobrawe.

That’s a question I get a lot.  How do you hire a divorce attorney when you have no money?  Here are some answers culled from the comments at OttawaDivorce.com:

• Second and third jobs
• Cash in all savings
• Borrow from pension
• Sell Assets
• Borrow from friends and family
• Credit cards
• Cut living expenses
• Line of credit
• Home equity loan

Please leave a comment here and tell us how you paid for a lawyer in your divorce.

Related Articles:

Reasonable Legal Fees in a Divorce–Oxymoron?

The High Cost of Divorce.

Nelson A. Garcia will present Divorce Legal Seminar in Spanish at the Commission for Women’s Counseling and Career Center in Rockville Maryland on October 13, 2009, from 6:00 to 9:00 pm.  This seminar will help you to learn the different aspects of the process of separation and divorce. You will learn how to choose an attorney, how property is distributed, and how to get a restraining order, in case of domestic violence. How to obtain custody and alimony for your children will also be discussed. At the end of the session, you will have the opportunity to ask questions.  The cost is $30.  Here is the seminar announcement in Spanish.

SUS DERECHOS LEGALES EN EL DIVORCIO:

RESUMEN GENERAL Y TEMAS RELACIONADOS CON LOS HIJOS

Martes, 13 de Octubre, 2009, 6-9 pm

Este seminario, presentado en español, le ayudará a conocer los diferentes aspectos del proceso de separación y divorcio. Se discutirá cómo escoger un abogado, cómo conseguir separación de bienes y la forma de obtener una orden de protección en casos de violencia doméstica. También se discutirá cómo obtener la custodia de sus hijos y asistencia para su manutención. Al cierre de la sesión, habrá oportunidad para preguntas y respuestas.  Costo: $30

Nelson A. García, a family law attorney in the firm of Thyden Gross and Callahan, LLP has volunteered for several years at the Commission for Women as a presenter.  Mr. Garcia also volunteers in free legal clinics at a number of organizations including CASA de Maryland in domestic violence, child custody and divorce matters.  He received his J.D. from Boston College Law School and his B.A. in English and Business co-majors from Florida State University.  He is a member of the Maryland and District of Columbia Bar and is currently Secretary of the Maryland Hispanic Bar Association and a member of its Legislative Committee.

Most people are pretty clear that they want to get divorced by the time they see me.  But I tell them that everything I do is reversible, in case they change their minds.

Once in a while some of them do.  How do you “unfile” a complaint for divorce?

Maryland Rule 6-205 has the answer.  Paragraph (a) says that if your spouse has not filed an answer, you can dismiss a complaint by filing a Notice of Dismissal.  If your spouse has filed an answer, you will need him or her sign a Stipulation of Dismissal.

If you cannot get your spouse to sign, then paragraph (b) requires you to ask the court for an order dismissing the case.

The first dismissal, according to paragraph (c), is without prejudice, meaning you can refile your complaint later, if you change your mind again.