Margaret Hackett Oliver's Answers

How can I submit a statement as evidence in my case?

There are specific rules for admitting evidence. It sounds as though what you are seeking to have admitted falls under the hearsay rules, and that requires specific certification OR the writer of the document to be present and testify in court. Otherwise, the court might very well exclude these things from coming into evidence.

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Can my husband file for Divorce though we are living in same house

If your husband has proof of adultery or cruelty of treatment by you, he may file for divorce while you live under the same roof. If you have children together, your husband may use an initial filing to ask the court to award him use and possession of the house for the children's sake. There are many more questions to be asked before going any further. Due to your immigration status, I strongly suggest that you consult with an immigration attorney, also to protect yourself.

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Divorce

The first step for filing a divorce action in Baltimore County is preparing a complaint. I recommend that you retain an attorney to assist you if you have property and children AND are not in agreement with your spouse regarding these matters. You can find forms for a complaint online at http://mdcourts.gov/family/forms/domrellist.html. Baltimore County also has a pro se clinic which you might find helpful. You can find out more at http://www.baltimorecountymd.gov/Agencies/circuit/...

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My girlfriend and mother of my unborn child wants to leave the state of MD for OH.

This is a very good question. The problem is the "child" is not yet born. There is no paternity test until the child is born. I suggest that you consult with an attorney to discuss your options regarding your presence at the birth and paternity tests promptly after the birth.

What form is required for a response to a Writ of summons for child visitation?

Both of my collegues are correct. You are well advised to speak with an attorney. Many Circuit Courts have "clinics" for unrepresented persons. Call the Clerk's office at the Circuit Court in your County to find out more information and check out this site: http://www.courts.state.md.us/family/forms/domrel.html Contact me if you have further questions. www.oliverfamilylaw.com

Divorce possible. Home acquired during marriage. Everything I have is in this house. Who gets the house? distributed equally?

Do not leave the house without speaking with an attorney first. There are more questions to be answered before an answer can be given to this quesiton.

What is the first step to filing for a divorce in Maryland?

I strongly recommend that you have a lawyer if there are children and/or property issues to be determined. If you and your spouse are able to work together, mediation or collaborative law may be a better path for you than litigating the issues. I always try to assist clients in a cost/benefit analysis whenever you are making decisions regarding separation and divorce. To learn more, please call me or send me an e-mail at meg@oliverfamilylaw.com

How long for a judge to sign divorce papers

Presuming that there is no contest regarding your divorce, the answer depends on how backed-up the clerk's office is in your jurisdiction. You can call the clerk's office to see where the file is and how soon they believe your case will be processed. Try this site for more information: http://www.bing.com/search?q=Manhattan+Family+Court&FORM=R5FD

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If a child is receiving ssi would mom be able to collect child support on this child?

It depends. Most likely, there will be some accomodation for the SSI income in the child support calculation. It depends on the parents' incomes.

If one of the divorce parties dies after signing a settlement agreement, but before divorce decree, is settlement still valid?

Tha answer to Part two of this question is that it is valid as a legally binding contract, and enforceable if breached under contract law. Incorporating the agreement into a divorce decree simply provides another avenue of enforceability - contempt of a court order. Because the agreement was not incorporated into a divorce decree, it is not enforceable under a contempt action.