Thomas K. Mallon’s Answers

Thomas K. Mallon

Baltimore Divorce / Separation Lawyer.

Contributor Level 10
  1. Alimony, postnup. legal separation

    Answered 2 months ago.

    1. Thomas K. Mallon
    2. Jessica Lynn Russell
    3. Jody R. Pollara
    4. Gerard F Miles
    4 lawyer answers

    Post nuptial agreements are analyzed by the courts based on contract law and not family law, because a post nuptial agreement is a contract between you and your husband. The first set in obtaining what you are asking for, would be to have the agreement set-aside or invalidated for some reason. Keep in mind that the court's focus will be on things like did both parties enter into the agreement freely and voluntarily, was one party or the other under duress or coerced prior to entering into the...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can I get a court order granted for access to a property to get my personal items?

    Answered 2 months ago.

    1. Bennett James Wills
    2. Thomas K. Mallon
    3. Ryan Christopher Atwell
    3 lawyer answers

    Absolutely, if your wife is represented by an attorney, you may wish to call him/her and see if you can make informal arrangements to retrieve your belongings. If that still does not work, you may obtain a court order in which to do so. If it comes to that, its usually a good idea to notify and bring the police at the appointed time.

    5 lawyers agreed with this answer

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  3. My boyfriend filed for divorce, his spouse was served in January 2014. She won't sign the papers.

    Answered 7 days ago.

    1. Jeffrey B Henry
    2. Thomas K. Mallon
    3. Neil William Tyra
    4. Robert Ricci
    4 lawyer answers

    Your boyfriend needs to file A request for Order of Default. If he needs help with that he should call an attorney or ask the clerks office for some assistance. They may even have a form for him.

    5 lawyers agreed with this answer

  4. Requesting a "Best interest attorney"?

    Answered 23 days ago.

    1. Jay B. Shuster
    2. Bennett James Wills
    3. Thomas K. Mallon
    4. Evan Michael Koslow
    4 lawyer answers

    Typically when the court requires a Best Interest Attorney for the Minor Child, they typically split the fees equally between the parties. So ultimately it depends on what the Best Interest Attorney was retained for and how much they need to do in the particular case..

    5 lawyers agreed with this answer

  5. Can my ex husband re dividing the properties?

    Answered about 1 month ago.

    1. Brandy Ann Peeples
    2. Evan Michael Koslow
    3. Thomas K. Mallon
    3 lawyer answers

    All issues of your divorce were concluded and decided at the time of your divorce. There is an extra 90 day window of time disposing of assets, but that time has come and gone. Since you cannot get the matter resolved through court action, you may consider the use of a mediator or arbitrator if the two of you can agree to binding arbitration or mediation in advance. This agreement should be in writing along with the final settlement agreement.

    5 lawyers agreed with this answer

  6. Can I buy a house in Maryland when I am legally separated from my husband?

    Answered about 1 month ago.

    1. Thomas K. Mallon
    2. David Raymond Mahood
    3. Gerard F Miles
    3 lawyer answers

    The short answer to your question is yes, you can buy a house on your own. The question you are not asking it what concerns me more, and that is, "How will the buying of a house affect my divorce" or "Is my husband entitled to anything because of it". These are much more complicated questions and allow for arguments on both sides depending on the totality of all the facts and circumstances in your case. What it is going to boil down to is what is fair in your situation. If you are using...

    5 lawyers agreed with this answer

  7. Can my husband receive everything what he asking in divorce if I shall not appear on hearing even if it really not fair?

    Answered 20 days ago.

    1. Jeffrey B Henry
    2. Thomas K. Mallon
    3. Gerard F Miles
    4. Evan Michael Koslow
    5. Jay B. Shuster
    6. ···
    6 lawyer answers

    If you do not intend to be there assume the worst. How unfair are you making the Judge's job by not participating. You know about the hearing in advance, you still have time to do something about it. If your solution to the problem is to simply leave the county, then the court will do what they find to be fair and reasonable under the circumstances and that may certainly include your husband getting everything he asks for.

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  8. Ex husband was allowed to stay in the house as long as he paid the mortgage. I was recently granted possession and he appealed.

    Answered 21 days ago.

    1. Thomas K. Mallon
    2. Jeffrey B Henry
    3. Gerard F Miles
    3 lawyer answers

    When other people (a judge) are making decisions for you there is always a chance you will not get what you want. With that said, you need to take whatever controlling documents you have on the subject (a judgment of divorce, settlement agreement, etc.) and have them reviewed at the very least by an attorney. Without documents and more facts its impossible to predict an outcome.

    Selected as best answer

  9. My childs' father( US Permanent resident abandoned all responsibility about his sons . How can i inform USCIS?

    Answered 21 days ago.

    1. Thomas K. Mallon
    2. Jeffrey B Henry
    2 lawyer answers

    If you know where he is and can track him down, you can file for child support against him. If he is working you can have the child support withdrawn automatically from his pay.

    Selected as best answer

  10. I need a laywer - quickly - who can advise me and represent me if necessary in all of the following issues which are all tied

    Answered 13 days ago.

    1. Jeffrey B Henry
    2. Brandy Ann Peeples
    3. Jay B. Shuster
    4. Thomas K. Mallon
    5. Mark William Oakley
    6. ···
    6 lawyer answers

    Bankruptcy complicates any divorce proceeding. This forum is not a sufficient place to discuss all of these issues. If you need immediate assistance you may need to contact several attorneys to make sure someone can see you as soon as possible and you should contact both a divorce attorney and a bankruptcy attorney. If you cannot find someone that provides for both you will have to contact separate attorney and inform both of the situation.

    4 lawyers agreed with this answer