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WILLS & POWER OF ATTORNEY

MARYLAND FAMILY LAW ATTORNEY Wills & Power of Attorney in Maryland 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...

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ADULTERY AS GROUNDS FOR DIVORCE

MARYLAND DIVORCE ATTORNEY Adultery as a Ground for Divorce Most people feel a sense of sadness when something comes to an end. Whether it was good or bad, there is still that feeling of loss and we’re sad to see it go. When it’s a marriage that is coming to an end, families are affected and that feeling of loss is magnified. When that end comes about because of adultery, the pain and sorrow can be unbearable for some, and in Maryland, proven adultery as a ground for divorce will affect the amount of alimony you pay/receive, and the amount of time...

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WHAT IS A GUARDIAN IN MARYLAND?

FAMILY LAW ATTORNEY IN MARYLAND What is a Guardian 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 For the sake of time, we are...

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SHOULD I GET A PREMARITAL AGREEMENT?

MARYLAND FAMILY LAW ATTORNEY Use of Premarital Agreements The world we live in currently is in stark contrast to the one our parents grew up in, and one of the biggest changes in American society has been scene in the institution of marriage. Less people are getting married, those marriages aren’t lasting as long, and the divorce rate has skyrocketed. In this age of divorce, a formerly obscure legal document, the premarital (prenuptial) agreement, has come into almost standard use. What Is a Premarital Agreement? Is It Different from a Prenup? Prenuptial agreement, premarital agreement and prenup all mean the same thing. They are...

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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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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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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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Child Enticement in Maryland

On average, 33 children every day are abducted by a non-family member and most of them are sexually assaulted before being released. Child enticement is a serious crime and something every parent needs to be on the look out for. Child enticement is conduct (including an attempt or conspiracy to commit conduct) that equates to criminal sexual abuse, sexual exploitation, or anything else of this sort. Any adult that persuades, solicits, entices or lures by words, actions or through any sort of communication any minor for the purpose of engaging in sexual conduct may be found guilty...

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Unmarried Cohabitatnts’ Benefits

In the state of Maryland, when you marry whether it’s same-sex or opposite-sex, the couple will have all benefits as determined by its legal status. But what if one unmarried cohabitant dies? Does the surviving cohabitant receive any benefits? The answer depends on the different categories and the controlling law in each. When a person dies from an injury that arose out of his or her employment, that employee’s survivors are entitled to workers’ compensation benefits if the act covers the particular situation. An unmarried cohabitant who can show that he or she was wholly or partly dependent on...

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