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James J Gross
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James Gross’s Answers

24 total

  • Legal representation by sibling in seperation agreement / divorce procedures

    Can My wife's sister who is a lawyer here in Md. legally represent her sister in a divorce or seperation agreement. My wife and I are equally liable for a $180,000 line of credit to her father for a failed buisiness . I am concerned that this will...

    James’s Answer

    There is no law against a lawyer representing a relative. It is up to you to bring the line of credit to the judge's attention. However, the lawyer cannot also be a witness at trial to matters in dispute.

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  • Maryland Divorce - Attorney or Online Divorce Service

    My wife and I are getting a divorce in Maryland. We own home and have two kids and assets over $400,000. It is amibacle split. Should we hire an attorney or can we use a online legal service?

    James’s Answer

    Onliine services are good for ordering pizzas. But I wouldn't want to do an appendectomy or brain surgery by following online instructions. Washington state just shut down and online divorce company for complaints and having no attorney on staff. I have seen DC online forms that have the age that child support ends wrong.

    The more complicated your case, the more you need an attorney. Complications include children, alimony, a house, pensions plans, stock, etc.

    You can minimize the legal costs in your case by agreeing on issues in advance or by mediation if you are not able to reach agreement yourselves.

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  • Legal Separation

    Can you live in the same house for a year and still have a legal separation

    James’s Answer

    Separation is used in three different contexts in Maryland.

    (1) Physical separation is grounds for divorce but it has to be under separate roofs. There are other grounds, such as cruelty or adultery, which can be brought even if you are living together.

    (2) A Limited Divorce, which is a legal proceeding, is called a Legal Separation in some states. The Ricketts case said you could maintain a limited divorce action based on constructive desertion even if you are living together.

    (3) You can have a Separation Agreement while you are still living together, which can give you almost everything a divorce can give you except te right to remarry.

    See question 
  • Legal Separation

    Can you live in the same house for a year and still have a legal separation

    James’s Answer

    Separation is used in three different contexts in Maryland.

    (1) Physical separation is grounds for divorce but it has to be under separate roofs. There are other grounds, such as cruelty or adultery, which can be brought even if you are living together.

    (2) A Limited Divorce, which is a legal proceeding, is called a Legal Separation in some states. The Ricketts case said you could maintain a limited divorce action based on constructive desertion even if you are living together.

    (3) You can have a Separation Agreement while you are still living together, which can give you almost everything a divorce can give you except te right to remarry.

    See question