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Author: Burton Firm

THE BURTON FIRM > Articles posted by Burton Firm

HOW & WHY TO ESTABLISH PATERNITY

FAMILY LAWYER IN MARYLAND ATTORNEY HELPING WITH ALL LEGAL ASPECTS OF FAMILY LAW Its that subject that many of us don’t want to talk about, let alone think about – what will happen when we pass away? Many people don’t understand that father’s of children are often times not automatically assigned paternity following the birth of their child. Even having your name put on the birth certificate at the hospital does not guarantee that your paternity will be established. What Is Paternity? Paternity is defined by Webster’s dictionary as “the state of being someone’s father”. This seems simple enough, but what does father really mean?...

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QUALIFIED DOMESTIC RELATION ORDERS (QDROs)

Maryland Family Law Attorney Explains Qualified Domestic Relation Orders   What is a QDRO (Qualified Domestic Relation Order) During divorce, assets, properties and debts are divided between the two parties. It can be quite complicated to separate two lives that have been entangled for multiple years, even more so for relationships that lasted decades. Besides physical property and basic finances, many assets may be on the table for sharing or forfeiting when spouses divorce. Additional assets that may be involved in a divorce is a pension or retirement plan. The state of Maryland permits retirement assets to be transferred from one spouse to...

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HEALTH CARE COSTS IN DIVORCE

Maryland Divorce Attorney Explains Health Care Costs in Divorce Settling a divorce can not only be complicated, but extremely stressful as well. On top of all the emotions you could be experiencing, there are many legal decisions in the mix of things you have to worry about that can affect your life forever. One of these complications is health insurance. In fact, many couples stay married just because of health insurance benefits. It could be a very stressful time if you’re on your spouse’s insurance plan and slowly start losing coverage because of a divorce, especially if you are battling an...

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CHILD SUPPORT IN THE STATE OF MARYLAND

FAMILY LAWYER IN MARYLAND MARYLAND FAMILY LAW ATTORNEY HELPS WITH ALL LEGAL ASPECTS OF CHILD SUPPORT Child support in Maryland is designed to ensure that every child in the state receives adequate financial support, whether the parents are legally separated, divorced, or if they never married in the first place. Support generally takes the form of payments from the noncustodial parent to the custodial parent. The custodial parent is defined as the parent who provides the majority of the care to the child, and this means that the parent who has been awarded a greater share of custody in divorce proceedings, will...

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CHILD SUPPORT, ENFORCEMENT, CUSTODY, CHILD ABUSE & NEGLECT

FAMILY LAW LAWYER MARYLAND HOW IS CHILD SUPPORT DETERMINED Child support is a court-ordered payment requiring the noncustodial parent to pay child support to the custodial parent. Typically for ordinary expenses of food, shelter, clothing, education and medication needs for the children only. In 1990, Maryland passed a law requiring the courts to use child support guidelines in all child support cases. The guidelines provide a formula to calculate your child support obligation. The Maryland’s Child Support Calculator incorporates the following: Each parent’s actual monthly income. If a parent is not working and has no other form of income, the court can still assign...

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MARYLAND DIVORCE ATTORNEY EXPLAINS DIVIDING MARITAL PROPERTY

MARYLAND DIVORCE ATTORNEY MARITAL AND NON-MARITAL PROPERTY Divorce is never an easy event to go through as there are a lot of emotional and financial difficulties to figure out. When a couple gets divorced, all the property acquired during the marriage (furniture, cars, appliances, stocks, bank accounts, pensions etc) regardless of who purchased it, must be divided. Having an experienced Maryland divorce attorney on you side is important to protect your legal rights. The only exception would be non-marital property - property that was received by one spouse as a gift or inheritance from a third party. Non-marital property could be obtained before...

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ADOPTION IN MARYLAND

FAMILY LAW ATTORNEY IN MARYLAND ADOPTION IN MARYLAND In the State of Maryland, “adoption is the creation of a parent-child relationship by a judicial order between people who are not a natural parent and a child” (The people’s Law Library of Maryland.) Under the law, once the court orders an adoption, it ends the parental rights and responsibilities of the natural parents. Any adult who is not the natural parent may petition the court for an adoption. The petitioner may be single or married and is required to complete a 27-hour home study course. Maryland law also requires that the legal guardians of...

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DIVISION OF ASSETS, DEBT & PROPERTY IN A DIVORCE

DIVORCE ATTORNEY IN MARYLAND division of marital property in the case of divorce According to Maryland state law, the division of marital property in the case of divorce must be equitable, meaning it must be fair, not necessarily equal. Some couples are able to come to an agreement about how everything should be divided without legal intervention, and are able to submit an agreement for court approval. Others need the help of a divorce attorney in Maryland or mediators to assist in the negotiation of a settlement. Marital vs Separate Property The very first step when deciding how to split up assets and property...

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FACTORS THE COURT CONSIDERS FOR CUSTODY AND VISITATION

MARYLAND CHILD CUSTODY ATTORNEY Factors the Court Considers for Custody and Visitation Under Maryland law, both the father and mother are equally presumed to be the natural parent of their children, unlike some states that may give favor to the mother from the get-go. Custody and visitation rights are strictly granted specifically considering the best interest of the child or children. Other family members may seek custody of the children, but the favoritism is given to the natural mother and father. If you need assistance with determining visitation, make sure you speak to a Maryland child custody attorney. Custody and visitation arrangements are...

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LEGAL SEPARATION, LIMITED DIVORCE & ABSOLUTE DIVORCE

DIVORCE LAWYER IN MARYLAND In the State of Maryland family law proceeding such as "legal separation" does not exist. Instead citizens of Maryland are offered two options: (1) limited divorce or (2) absolute divorce. Limited divorce is NOT permanent, absolute divorce IS permanent. When a couple wishes to separate but are not ready to go through a full blown divorce proceeding, limited divorce is the remedy. This proceeding is very similar to a proceeding described as "legal separation" in other states. The court will recognize the decision of the parties to maintain separate housing or residences, bank accounts, but will stop short of...

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