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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

Family Law Lawyer in Maryland

Establishing paternity is crucial for ensuring a child’s legal rights and access to benefits. In Maryland, paternity is not automatically assigned to fathers, even if their name is on the birth certificate. Establishing paternity provides several advantages, including access to government benefits, health insurance, family health history, citizenship, financial support, and legal rights for the father. If paternity is disputed, DNA testing can be used to prove fatherhood. The Burton Firm in Maryland specializes in family law and can help individuals establish paternity to secure these rights. Contact them for a consultation to discuss your situation and determine the best...

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HEALTH CARE COSTS IN DIVORCE

Maryland Divorce Attorney

Divorce can be a complex and stressful process, especially when it comes to health insurance. If you're on your spouse's insurance plan, you may lose coverage after the divorce, but options like COBRA allow you to stay insured for up to 36 months. The court may also require a parent to provide health insurance for their child, with costs divided based on each parent's income. Sometimes, staying separated rather than divorcing can help maintain health coverage. It's essential to consult a Maryland divorce attorney to navigate these issues and ensure your health and well-being are protected during and after the...

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GRANDPARENT & 3RD PARTY CUSTODY & ACCESS

Maryland Family Law Lawyer - The Burton Firm

The bond between grandparents and grandchildren is special, but in Maryland, grandparents face significant legal challenges when seeking custody or visitation rights. Maryland law does not give preference to grandparents over other third parties, and there is no legal entitlement for grandparents to have custody or visitation. However, grandparents can petition for reasonable access, but they must prove that the parents are unfit or that extraordinary circumstances exist, such as abuse or neglect. Grandparents can seek court intervention through guardianship, custody, or visitation. The court considers various factors, including the well-being of the child and the circumstances of the parents....

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MARYLAND CHILD SUPPORT

Maryland Child Support Attorney

In the State of Maryland, you should file your complaint for child support in the county that is the domicile of the child. A child’s domicile is the place where the child has his or her true, fixed and permanent home. In Maryland, the equity court has continuing jurisdiction over the support of the child. It is not required for the parties to be married for the court to grant child support payments. Furthermore, support can be sought not only by the birth parent, if he or she has legal custody, but also by the guardian of the child....

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ADULTERY & DIVORCE IN MARYLAND

divorce attorney in Maryland

In Maryland, adultery is considered both a civil and criminal offense, though prosecutions are rare. Adultery is defined as voluntary sexual intercourse between a married person and someone of the opposite sex. If a married person engages in sexual relations with a same-sex partner, they may not be guilty of adultery but could be charged with constructive desertion, which is also grounds for divorce. Other grounds for divorce in Maryland include a 12-month separation, imprisonment, incurable insanity, and cruel treatment. While individuals can represent themselves in divorce cases, it is advisable to consult a lawyer to ensure all legal rights...

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“POWER OF ATTORNEY” IN MARYLAND

Maryland Family Law Lawyer

Granting a Power of Attorney (POA) in Maryland is an important legal decision that allows someone you trust to make decisions on your behalf. There are several types of POA, including General POA for broad authority, Limited POA for specific matters like health care or finances, and Durable POA, which remains effective if you become incapacitated. Maryland requires you to fill out specific forms, such as the Personal Financial POA or an Advance Directive for health care. It’s essential to carefully review these forms with your agent and consult an experienced family law attorney to ensure your interests are protected....

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