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Author: Burton Firm

THE BURTON FIRM > Articles posted by Burton Firm (Page 5)

DIVISION OF ASSETS, DEBT & PROPERTY IN A DIVORCE

Divorce Attorney in Maryland Explains Division of Assets, Debt & Property in a 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...

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ADULTERY & FILING FOR DIVORCE IN MARYLAND

Divorce Lawyer in Maryland Discusses Adultery and Filing for Divorce Infidelity can ruin a marriage, leaving one partner feeling betrayed and insecure. When adultery is a cause for divorce, the injured party will likely desire some sort of return for the emotional damages caused by their partner. Make sure to contact a divorce lawyer in Maryland if you are considering divorce because of adultery. Divorce in Maryland Maryland is a state which requires sufficient “cause” for divorce. This means that the individual filing for divorce, often referred to as the plaintiff, must have a specific reason to request a divorce. Sufficient causes include...

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FACTORS THE COURT CONSIDERS FOR CUSTODY AND VISITATION

Maryland Child Custody Attorney Explains The 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...

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FELONY CONVICTION AS A GROUND FOR DIVORCE

Divorce Attorney in Maryland Explains Felony Conviction as a Ground for Divorce Getting a divorce is never easy, especially in the state of Maryland where certain variables can affect the outcome of a divorce. There are three main requirements a couple or individual must meet in order to file for divorce in the state of Maryland but it’s always best to speak with a divorce attorney in Maryland regarding your case specifically. Fault Maryland is a state that requires “fault” in order to grant a divorce. It is also possible to be granted a divorce when there has been a voluntary separation of...

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DESERTION AS A GROUND FOR DIVORCE

Divorce Lawyer in Maryland Explains Desertion as a Ground for Divorce In order to file for divorce in the state of Maryland, several requirements must be met. Unlike no fault states, Maryland requires a specific reason for divorce. If the married couple lives apart for 12 or more months before filing for divorce, this “fault” requirement is waived. Additionally, at least one spouse must be a Maryland resident for at least one year before filing for the divorce. Divorce can be a pretty tricky subject, especially with multiple variables involved. It’s always best to consult a divorce lawyer in Maryland to...

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JUDGMENT ENFORCEMENT

When the Courts and judges issue order they expect them to be followed. Failure to pay child support can have serious consequences.   Maryland Department of Human Resources helps custodial parents with collecting child support payments from non-custodial parents. Failure to pay child support can lead to suspension of driver's license and/or professional license (license to practice law or real estate license); denial of tax refunds and other types of government benefits; garnishment of wages, property and bank account liens, etc. The parties however can work among themselves to work out how and when the payment can be made. If you are behind of paying your child support...

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PROVING PATERNITY

It is important to establish a child’s father for many reasons. It compels the father to assist in the child’s financial support and it also determines if the child has any rights to inherit from his or her alleged father when the father dies. If the father openly admits that the child is his, then establishing paternity is not an issue. If the man disputes paternity, then a paternity lawsuit must be filed to prove that he is indeed the child’s father. Proving paternity used to be established through circumstantial evidence, such as proof that the couple had...

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MEDIATION

Mediation is an alternative process to solve family disputes that does not require court involvement. It involves using a neutral third party, the mediator, who will facilitate and assist the parties in coming with their resolution to mutually satisfy all parties. The role of a mediator includes facilitating communication between the parties, assisting in identifying the real issues of the dispute and the parties’ interests, and generating options for settlement. Most people have the ability to solve their own disputes but it’s important to hire a mediator to help facilitate the discussion. Make sure to consult with an experienced Family Law attorney...

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Child Abuse & Neglect

The Federal Child Abuse Prevention and Treatment Act (CAPTA) defines child abuse and neglect as, at minimum: “any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation” or “an act or failure to act which presents an imminent risk of serious harm”. Federal legislation sets minimum standards for states and each state is responsible for defining child maltreatment. Definitions of child abuse and neglect are typically divided in either civil statutes or criminal statutes. Civil statutes provide definitions of child maltreatment to guide...

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Children of Divorced Same-Sex Parents

Since same-sex marriage is legal in the state of Maryland, it is important to understand the nuances and issues that could arise from divorce of same-sex marriage, including that of children. A child born or conceived during a marriage is presumed to be the legitimate child of both spouses, not just the spouse who gave birth to the child. In the past when a same sex couple adopted a child in the state of Maryland, only one of them actually adopted the child from the agency, country or service because two people without a legal tie to one another are...

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