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WILLS & POWER OF ATTORNEY

Maryland Family Law Attorney

Although Maryland law regards wills and powers of attorney as separate documents, both create rights and responsibilities for different parties. Both create a mechanism for one person to legally act on behalf of another and both have specific provisions under Maryland law that they must meet to be valid.

A will is a legal document that describes how the person drafting the document wants to have their assets and property disposed of when he/she dies. The will appoints an executor who distributes the assets on behalf of the decedent. If someone dies without a will, they are considered intestate and Maryland...

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LEGAL GUARDIAN IN MARYLAND

Family Law Attorney in Maryland

A guardian is someone appointed by the Court to assume legal responsibility for another person or another person’s property, or both. Guardianship is appropriate and necessary when an individual is not capable of making their own decisions in society. Three examples are:

  • Minors – Individuals who are under the age of 18
  • Mentally Disabled – Individuals who have been diagnose and treated for mental disability
  • Elderly – Certain elderly individuals can be classified as unable to care for themselves, and will therefor require a guardian
...

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CHILD SUPPORT CALCULATIONS

ince 1990, Maryland has used a very particular child support calculator to determine the amount to be paid. The guideline is designed to estimate the percentage of income that parents would spend on children if the parents were living in the same household. The formula begins with each parent’s actual monthly income. If a parent is not working and has no other form of income, the court can still assign income if it finds that the parent has the ability to work. Additionally, each parent’s actual or assigned income can sometimes be reduced by the parent’s other child support or alimony obligations...

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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....

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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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DIVORCE & SEPARATION IN IMMIGRATION STATUS

A divorce or separation can definitely affect your lawful status and ability to stay in the U.S. if you are in the country on a visa that was granted based on your spouse’s application. If you used your spouse’s status to immigrate within two years of your marriage, you are a conditional resident, and therefore getting a divorce or separation will affect your status. Additionally, divorce or separation may affect your status if your status depends on your spouse’s status. ...

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PRENUPTIAL AGREEMENT

In the State of Maryland, agreements made prior to the time of the ceremony between spouses-to-be is called a prenuptial contract or agreement. Typically, valid prenuptial agreements remain enforceable after divorce. Precedent shows us that prenuptial agreements are very difficult to void. However, this may change. In March of 2013, a Brooklyn court invalidated a prenuptial agreement that a Long Island woman had signed with her millionaire husband before their 1998 wedding. This is a precedent-setting move, and divorce lawyers in every state are sitting up and taking notice....

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CHILD SUPPORT IN THE STATE OF MARYLAND

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 generally be the one receiving the support payments. Child support payments typically continue until...

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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 the person to be adopted consent...

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MARYLAND FAMILY LAW, DIVORCE, LEGAL SEPARATION, ANNULMENTS & CUSTODY

An annulment is a decree establishing that the marriage between two parties never existed. The Maryland Family Court is dealt with deciding the validity of each annulment case and infrequently grants annulments. If the court decides to grant the annulment, it is considered that you and your spouse were never married. If you are seeking an annulment, it is advisable for you to speak with an experienced Maryland family law attorney at The Burton Firm. The standard of proof that must be met to prove an annulment is difficult to meet, but we are very familiar with the Maryland Family...

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