Vance R Redmond's Answers

What evidence, other than photos and witness testimony, can be used to prove adultery in MD?

Adultery is consensual sexual intercourse involving penetration between a married person and someone other than that individual’s spouse. Adultery is rarely witnessed, so proof of adultery by circumstantial evidence must include both a showing of "inclination" by the defendant and his or her alleged paramour and sufficient "opportunity"for them to commit the offense. You need "corroboration" of the grounds for divorce from a third party witness or source. In other words, it can't be proven...

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Adultery vs voluntary separation

In Maryland, you may file your complaint seeking absolute divorce to include both grounds for divorce--adultery and 12 month separation. However, you must have been separated at least 12 months before you may file for absolute divorce based on a 12 month separation. This answer is provided for informational purposes only. It is not offered as legal advice and does not create an attorney-client relationship between the author and the reader. The author is an attorney licensed to practice law...

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What does joint legal custody entitle me to (specifically, school information)?

You are entitled to recieve all information regarding your child. The school is probably willing to send you copies of anything and everything regarding your son without your having to go through your former spouse. Provide the school with a copy of the court order or agreement granting you joint legal custody and that should solve your problem. This answer is provided for informational purposes only. It is not offered as legal advice and does not create an attorney-client relationship...

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Is my ex obliged to provide date specific balances on 401Ks instead of quarterly statements when preparing a QDRO?

No, you should not divide your retirement account in such a way as to include post-divorce contributions. This is your ex-husband's problem to fix and his plan administrator will know the exact balance on any give date. If he won't provide that information to you voluntarily,you should be able to get it yourself by contacting the plan adminatrator and providing a copy of the Court's Order or Judgment of Absolute Divorce related to the division of this asset. If you're having trouble getting...

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What is considered adultery in Maryland?

In Maryland, adultery is not defined by statute. Historically, adultery was as act of voluntary sexual intercourse committed by a married man with a woman who was not his spouse. The burden for proving a spouse committed adultery is placed upon the complaining spouse, in this case--you. Obtaining direct evidence of adultery can be very difficult. Therefore, the use of circumstantial evidence is allowed to prove adultery but you must prove both a disposition to committ adultery by defendant and...

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Do I have to pay child support after my child turns 18?

Per MD statute, a parent's obligation to pay child support stops on the child's 18th birthday unless the child is still attending high school in which case the obligation to pay child support continues until the first to occur between the child's graduation from high school or 19th birthday.

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In the state of Maryland can adultery cause you to lose custody of your children?

If your question is whether your friend's current involvement in an adulterous relationship can be used by her husband to get physical custody of their minor children, the answer is that although it is possible, it is extemely unlikely. The fact of one parent's adulterous relationship would be be considered by a Judge but it would not likely tip the scales in favor of the other parent unless there is a showing that the adulterous relationship had a deterimental effect on the child because a...

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If i have only been married for 3 years am i able to get allimony

Both of the previous answers made good points about the factors a Judge must consider before making an award of alimony. I agree that you should consult an experienced divorce attorney before making a decision how to proceed. This answer is provided for informational purposes only. It is not offered as legal advice and does not create an attorney-client relationship between the author and the reader. The author is an attorney licensed to practice law in the State of Maryland and the article...

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I have caught my husband cheating for the third time; I want a divorce and him out of my house. The house is in my name and it

I agree with the previous attorney's answer that you should consult counsel before taking action, but your success or failure in evicting your spouse from the family home depends upon whether he has a possessry right to be in the property. If so, he'll get to stay. If not, it's a matter for landlord/tenant court and not family court. If title to the home is solely in your name, you may be able to evict your spouse by filing an unlawful detainer/wrongful detainer action in the District Court....

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Is business property considered marital property? Can a separation/limited divorce be withdrawn in the state of Maryland?

Marital property consists of all property acquired by either party during the marriage, regardless of how that property is titled, with three exceptions: property inherited, property gifted to either party by a third party and property excluded by a vaild agreement. To answer the first part of your question, the fitness business property is probably marital property because it was acquired during the marriage. The second part of your question is unclear, if someone files for limited...

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