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Margaret Hackett Oliver

Margaret Oliver’s Answers

13 total


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

    I am trying to submit some evidence into my open case such as child's report cards, letters from neighbors stating that I am a good parent, letters from the teacher saying I helped in my child's class, etc. How does the letter need to be written b...

    Margaret’s Answer

    • Selected as best answer

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

    What can I do to prevent her from taking my child out of state until a paternity test is done?

    Margaret’s Answer

    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.

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

    This is a civil writ and Im trying to respond to it correctly. All the documentation I have found pertains to domestic violance or criminal.

    Margaret’s Answer

    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

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

    can one spouse by law ask the other to leave? Who can do that at a time like this. I feel he thinks I'm stupid and will go for what he says, actually not. We have a 17yr.old daughter. I'm the one that gives her primary care. Does this make any dif...

    Margaret’s Answer

    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.

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

    What are the cost for lawyers in Baltimore County? Do I need a lawyer when property and children are involved?

    Margaret’s Answer

    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

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

    my husband is avoiding me now a days, we both are living in same house but not having physical relationship for 2 months. we are married for 10 months. I have come to USA on K1 visa.

    Margaret’s Answer

    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

    What is the first step to filing a Divorce in Baltimore County, Maryland? What are the cost? Do I need a lawyer if property and children are involved?

    Margaret’s Answer

    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/family/prose.html

    The cost for filing is $80 plus $55 surcharge for Maryland Legal Services Corp., plus $20 if you have an attorney, plus $30 is you want the Sheriff to serve the divorce papers on your spouse. If you do not have the funds to pay the fees, you may file a form requesting a waiver of the filing fees.

    Hope this helps!

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  • How long does it take for a judge to sign divorce papers?

    How long does it take a judge to sign off on an Uncontested Divorce in Manhattan court? My divorce file in New York City went to the judge. It has been weeks and I am still waiting for it to be signed.

    Margaret’s Answer

    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?

    a single mother has three children one is on ssi, father is stating he will not pay child support for the child on ssi, mother is afraid to file for child support since she was told she would have to pay the state back from ssi

    Margaret’s Answer

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

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

    Is a settlement agreement still valid if not incorporated into a divorce decree by court?

    Margaret’s Answer

    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.

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