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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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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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MARYLAND MILITARY DIVORCE

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....

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LIMITED & ABSOLUTE DIVORCE

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 dissolving a...

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CHILD CUSTODY & 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 never permanent; either parent may request a reassessment of the...

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MARYLAND CHILD SUPPORT GUIDELINES

When dealing with child support, the state of Maryland adopted a guideline measured by the income of the parties involved. The new Maryland law tops off at a combined adjusted annual income of $180,000 per annum or $15,000 per month. Keep in mind, child support will increase depending on the number of children involved. However, just with the old guidelines, the court will have discretion in setting the support level for the parties and individuals....

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HOW & WHY TO ESTABLISH 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? Does father represent the individual who’s genetic material was used during conception? Does it represent the man that was married to the mother of the child at the time – what if they aren’t one in the same? What happens if the couple wasn’t married and they weren’t sexually exclusive? As the questions above cause confusion with many individuals, you may now understand why the concept of paternity can be so difficult to understand. Fortunately, the reasons to...

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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 illness or chronic condition. Having a Maryland divorce...

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