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Author: Burton Firm

THE BURTON FIRM > Articles posted by Burton Firm

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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ADULTERY & DIVORCE IN MARYLAND

DIVORCE ATTORNEY IN MARYLAND In Maryland, adultery is considered a crime against marriage and although prosecutions are rare, it is considered a criminal offense. Adultery is defined as voluntary sexual intercourse between a married person and a person other than that person’s husband or wife. Due to this definition, adultery can only be committed with a member of the opposite sex. Meaning, that a married person who engages in sexual relations with a same sex partner may not be guilty of adultery and although no Maryland court has had to address this issue, if this instance occurs, he or she may be...

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WHAT TO DO WHEN YOUR EX-SPOUSE WON’T PAY CHILD SUPPORT

FAMILY LAW ATTORNEY IN MARYLAND WHAT TO DO WHEN YOUR EX-SPOUSE WON’T PAY CHILD SUPPORT It can feel like the battle is over once the court rules in your favor regarding child support. Unfortunately, the enforcement of child support can be challenging. What is a parent to do if an ex-spouse fails or refuses to pay the child support they have been ordered to give? If you find yourself in this situation, contact a Maryland child support attorney immediately. Child Support Enforcement Administration The state of Maryland has a specific agency for the enforcement of court-ordered child support. You can contact the Maryland Child...

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MARYLAND SPOUSAL SUPPORT

MARYLAND DIVORCE LAWYER SPOUSAL SUPPORT IN THE STATE OF MARYLAND When a couple divorces or separates, a Maryland court may order one spouse to pay the other spouse regular monthly payments. Alimony should not get confused for child support because although both of these payments can be given to a certain individual, they serve different purposes. There are three types of alimony. The first is known as alimony pendent lite, which is a temporary payment made while the case is pending. Rehabilitative alimony is payment for a definite period of time to allow the spouse to become self-supporting. And the last type,...

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LIMITED & ABSOLUTE DIVORCE

MARYLAND MILITARY DIVORCE ATTORNEY Unlike some other states, there are two types of divorce in the state of Maryland Choosing which one to go through is best discussed with a Maryland divorce lawyer. The two types of divorce are: Absolute Divorce - This is a final, absolute and permanent form of divorce. In this type, all issues relating to alimony, child custody, child support, and property are handled by the court. After an absolute divorce, the individuals involved may remarry Limited Divorce - This is a form of divorce that is like separation that is supervised. As the state of Maryland has...

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MARYLAND MASTERS SYSTEM

If you have a family law case in the state of Maryland that involves child custody, visitation, support or alimony, you will likely have to appear before a master. Masters originate from an old tradition when they were originally appointed to act as assistants to the English kings. Today, a master is a hearing officer who takes testimony and makes preliminary rulings and determination. Their recommendations are then submitted to a Judge to be approved or rejected. If neither party takes exceptions to the ruling of the master then a judge will pass an order ratifying the recommendations. Masters also hear...

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DIVORCE & THE MILITARY

MARYLAND MILITARY DIVORCE ATTORNEY Divorce is always a very complicated and emotional situation for anyone who has to deal with it. When a couple decides to end their marriage and one spouse is serving in the military, divorce tends to get even more complicated. Make sure to contact an experienced attorney to help you calculate child support, determine child custody, divide retirement benefits and figure out the other complications. In regards to child support, the military has regulations establishing interim child support guidelines and each branch of the service has different child support guidelines. Courts will look at BAH, separate ration, hazard pay,...

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