Skip to main content
Elizabeth Pugliese

Elizabeth Pugliese’s Answers

29 total

  • I have only been married almost 2mths and my husband wants to get an annulment because of our different beliefs.

    My husband can be verbally and mentally abusive at times. He is also very controlling i love him very much though. I honestly think we need counseling what should i do?

    Elizabeth’s Answer

    Counseling is not going to help. He is not going to change. If he is already verbally and mentally abusive it will only get worse. You should consult an attorney about your rights and what is best for you.

    See question 
  • Custodian parent traveling to Indian with baby: Do I need permission from non-custodial parent?

    I am the legal and sole custodian of my 18 month old child. I want to take my baby to India to see my mother. the father of my child is not involved. Nor is he in the birth certificate. He also has not made any attempts to even see the child. He e...

    Elizabeth’s Answer

    Unless you have a court order giving you primary physical and sole legal custody, you must have the other parent's permision to travel with the child. You can't even get a passport for the child without the other parent's signature.

    See question 
  • My wife and I are almost divorced, waiting on the judge to file the forms, trial is complete. She moved and has not given me

    the address to where my kids will be living after multiple requests. I am due to give kids back to her but I want to keep them until I get the new address. Would this be ok?

    Elizabeth’s Answer

    You should not use your kids as pawns in disagreements with your wife. If she is refusing to give you her new address that is one thing. Refusing to return the children is another thing. Unless you know for sure the children are in immediate danger where she is living, you should return them. Simply not having the address is not enough. You can address the lack of an address in other ways, such as a request to the court.

    See question 
  • My spouse and I settled child support case last week in court. The kids are living with me . Can i get a divorce in a month?

    I am preparing the divorce documents myself (run out of monies) since the custody piece is settled. We do not own a home .......how hard would it (the divorce )be? Please help.......

    Elizabeth’s Answer

    There may be other issues besides a home that need to be settled, such as retirement accounts or vehicles. Is your spouse asking for alimony or are you? If there are no issues such as these, the divorce can be quite simple provided you can prove the grounds for the divorce. However, it is unlikely that due to the court scheduling you will be divorced in one month. You must file the papers, the other person must be given a chance to respond, then the court sets the hearing.

    See question 
  • I have custody of my son 9 years old. and he what to live with his father. At what age he can decide

    my son he what to live with my ex-husband I have the custody.

    Elizabeth’s Answer

    Your son can file for custody on his own at the age of 16. Prior to the age of 16, your ex-husband can file for custody provided there has been a material change in circumstances. A material change in circumstances is a change in the parents' or child's lives that affects the current custody arrangement. Such things are a parent moving, the child's grades going down, a parent remarrying or the like. This is not an exhaustive list.

    See question 
  • Divorce based on adultery in Maryland?

    My husband and I have not lived together since September because he was having an affair. Now he is seriously involved with another women and lives with her. If he is willing to sign the paperwork and we have a witness to his affair, can we get a ...

    Elizabeth’s Answer

    Adultery does not require the one year separation period in Maryland. You must still prove the adultery at trial, he cannot just agree to it.

    See question 
  • If I marry a man who is paying permanent alimony to his ex-wife, can she request an increase in spousal support?

    I am a professional woman who is planning to get married in a few months to a man who is was ordered by the court to pay permanent alimony to his ex-wife. Jointly our income will significantly increase. Can she take him back to court requesting ...

    Elizabeth’s Answer

    Generally no. A new spouses has no legal obligation to support the former spouse. In some circumstances, your income may be considered, but those are rare.

    See question 
  • Can permanent alimony cease once I retire?

    I was ordered to pay permanent alimony to my ex-wife. When I retire, my income will cease except for my retirement income (Social Security, 401k, etc). Will I be expected to give her my retirement income, too? We were married for almost 20 year...

    Elizabeth’s Answer

    It depends on the final order. If it says the amount is non-modifiable, you might not be able to change it. There are provisions for modifying permanent alimony, you should consult an attorney to determine what is best for your particular situation.

    See question 
  • Husband refuses to pay alimony from postnuptial agreement! He also insists me to give up my house ownership. Im devastated...

    Hello.Me and my husband are getting separated. We have a notarized paper (Postnuptial agreement) which states that in case of separation he will pay me $3200 every month for a period of 2 years and it will be considered as alimony. We also have th...

    Elizabeth’s Answer

    It depends on the exact wording of the agreement as to when the alimony should start after the separation. Your best option is to speak to a lawyer and show them the agreement. Presuming the agreement states that the alimony payments are separate from the sale of the house, you can seek the court's help in enforcing the agreement.

    See question 
  • Do I have any chance of getting joint custody or fair visitation time with my son.

    I am an unmarried, non-custodial parent of a 1yr old. I have been in my son's life since birth. but now his mother and I broke up and she refuses to let me see him. I have filed for joint legal and physical custody with the court. It seems the ...

    Elizabeth’s Answer

    The scheduling hearing which is set by the court will then determine all future court dates. At that hearing you can ask for a pendente lite hearing (temporary orders). This will set a temporary visitation schedule until there is a final custody hearing. The court is not likely to change the whole custody situation on a temporary basis.

    See question