At PACE Group PLLC,
Clients Come First.
Clients Come First.
Family Law
Maryland Divorce
Deciding to end a relationship is never easy. Let the professionals at PACE Group PLLC help you make the decision that this best for you and your family. Divorce may not be option for you. Several factors must be considered. For example, (1) are you relying on the other spouse’s health insurance? (2) Would you be able to support yourself should the marriage dissolve? (3) Are you in a significantly higher income bracket than your spouse, making large alimony or child support payments possibility? (4) Was there infidelity? (5) Do you have any disabled children? The list goes on and on. Call PACE Group PLLC today for your free confidential consultation. There is no risk, but you have everything to gain.
There are two types of divorce in Maryland: limited divorce (legal separation, the parties continue to be technically married) and absolute divorce. TV dramas may portray divorce (absolute divorce) as a process that can be started for any reason or no reason at all. While that may be true in some jurisdictions, here in Maryland you must have a reason for petitioning the court for divorce. These reasons, called “grounds” are specifically enumerated and fall into seven distinct categories. Be aware, while each category may be clearly enumerated, your claim is likely more complicated than you are aware. Proper preparation, often with the assistance of legal counsel, will determine whether your petition will be successful.
| One-year separation | Have you and your spouse lived separate and apart for a continuous period of 365 days? Have you not had sexual relations during this period? | Desertion | Did your spouse abandon you? Was it justified? Was the abandonment done with the intention of ending the marital union? |
| Mutual consent | Do you both agree to end the marriage? Are there no minor children of the parties? | Cruel Treatment | have you been a victim of violence at the hands of your spouse? Has your minor child been a victim of violence at the hands of your spouse? Violence can take many forms, physical, mental, psychological, and more. |
| Adultery | Has your spouse engaged in voluntary sexual intercourse with another person? Did you ever condone the behavior? Did you “take him/her back”? | Insanity | Has your spouse been declared legally insane? Can a medical doctor attest to this? Has the spouse been in a medical facility for a period of at least 3 years? |
| Incarceration | Have you or your spouse been convicted of a crime and sentenced for a period of at least 3 years? |
The professionals at PACE Group PLLC have years of experience helping people just like you take control of their lives, their finances, and their future. Don’t leave it to chance. Call today for a free, confidential consultation. If you believe you have grounds for a divorce, talk it over with a professional. Don’t put your future in jeopardy.
Maryland Marital Property
In Maryland, the courts decide what is marital property. Marital property can include pension, retirement, profit sharing, family use personal property, deferred comp plans and real property. Each divorce case is different and treated as such. Deciding whether to end a marriage requires assessments on multiple levels. Part of this decision involves whether you would be a left with sufficient assets to move on post-divorce. Are your assets at risk? Give PACE Group PLLC a call and take advantage of our no-cost, confidential consultation to help you make the best decision.
In a divorce proceeding a trial judge is permitted to use a wide variety of methods to determine value of marital property. PACE Group PLLC can help you protect your assets so that your new life can start in the best position possible. Let us look at your assets before you file. We provide a no-cost risk assessment to analyze the vulnerability of your assets. Give us a call today.
Is This a Marital Asset?
The first step in any analysis is “funding source.” This is also called the source of funds theory. In lay man’s speech, this means that when you come down to make an appointment with PACE Group to discuss marital property, our first question to you is going to be: “where did this money come from?” Or, “where did you find the money to buy this asset? Did it come from a joint account? An account opened prior to marriage containing only pre-marriage funds? Was it a gift?” These questions are very important and must be answered thoughtfully. When property is obtained by an expenditure of both non-marital and marital property, and the property is characterized as part non-marital and part marital. Therefore, a spouse contributing nonmarital and marital investment in the property may indeed cause the asset to be considered part-marital and party-nonmarital. The marital portion, of course, being subject to division by the court.
Example: let us assume that on June 1st the husband opens a bank account in his name alone. He funds this account with $50,000 drawn from the joint account that has with his wife. The joint account contained a deposit of $100,000 which was a gift from his mother-in-law to his wife. The gift was made and deposited into the joint account on April 1st. Prior to the gift, the account contained $2,000.
In this example, the gift from the mother in law to the wife is non-marital property. A court can, in deed, trace the funding of the husband’s single account and determine that a sizeable portion of the money held in the husband’s single account is the wife’s non-marital monies that are not subject to division by the court. It is very important to have sound legal advice, knowing precisely which assets are marital prior to your initial court hearing. The reasons why are clear. To craft the best trial strategy for your case, PACE Group PLLC needs to know what you are clearly entitled to by law and what may be less clear. In this way, we can mount the absolute best defense and/or prosecution.
Exceptions
Even though property is acquired during the marriage, it still may not qualify as “marital” and be subject to equitable distribution by the court. During our no-cost, confidential consultation we can analyze each of your assets to determine whether it is marital or, if it might be, whether an exception may apply. Contact PACE Group PLLC today for a free consultation.
Generally, in a divorce proceeding, only property acquired during the marriage can be considered marital property. A court that grants a divorce has authority to determine which property is marital property, to assess its value, to order a transfer of ownership and/or grant monetary awards. There are exceptions, however. Property, even though acquired during the marriage can be excluded if the parties agreed to do so in a valid agreement –for example, a premarital agreement.
If you have signed a pre-marital agreement it is important that you bring this fact to our attention immediately. Not all agreements are valid. If you are seeking to have the agreement enforced, we need to know. If, on the other hand you would like to have the agreement invalidated, please let us know that too. These determinations will be made during litigation and may dramatically affect the quantity of assets that you are entitled to. You have worked for years to accumulate assets; make sure that you keep everything that you are entitled to.