Thomas K. Mallon’s Answers

Thomas K. Mallon

Baltimore Divorce / Separation Lawyer.

Contributor Level 9
  1. Alimony, postnup. legal separation

    Answered about 1 month 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 about 1 month 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. Can my ex husband re dividing the properties?

    Answered 7 days 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

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

    Answered 15 days 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

  5. In the divorce I am getting use and possession of the home for our disabled son it is in his name who has to pay for repairs

    Answered 15 days ago.

    1. Jeffrey B Henry
    2. David M Gormley
    3. Thomas K. Mallon
    4. Evan Michael Koslow
    5. Matthew Thomas Majeski
    5 lawyer answers

    It sounds like there may not be anything is the Order to clarify this. There is no automatic default if not mentioned. It is something that needs to be addressed by the court if not already addressed. You will need assistance from a local lawyer to accomplish this. Seek one out and meet with them as soon as possible.

    4 lawyers agreed with this answer

  6. My father was terminally ill for our entire engagement, and passed away 2 months before the wedding. Annulment?

    Answered 24 days ago.

    1. Gerard F Miles
    2. Thomas K. Mallon
    3. David Raymond Mahood
    4. Jeffrey B Henry
    4 lawyer answers

    Unfortunately, you will not likely succeed in obtaining an annulment on this basis. You may not have been in the right frame of mind when you said "I do", however you had a long time to think it over, even longer than the 2 months you mention in your question, and it has been another 6 months since.

    4 lawyers agreed with this answer

  7. Married in Las Vegas how to divorce in Maryland?

    Answered 28 days ago.

    1. Jeffrey B Henry
    2. Jody R. Pollara
    3. Thomas K. Mallon
    4. David Raymond Mahood
    5. Jeffrey P Nesson
    6. ···
    6 lawyer answers

    You need to meet the residency require in Maryland to obtain a divorce here. The requirement is 1 year. If you meet that, then you may proceed. In addition you need sufficient grounds for the divorce. Seek competent counsel to seek if you have sufficient grounds and the if uncontested, the cost is certainly outweighed by having it done right the first time.

    4 lawyers agreed with this answer

  8. My son's father would like to terminate parental rights in exchange for me to take him off child support. Is it possible to do?

    Answered about 1 month ago.

    1. Thomas K. Mallon
    2. Jody R. Pollara
    3. David Raymond Mahood
    3 lawyer answers

    The exchange of parental rights (or giving them up) in exchange for the giving up of child support may only be accomplish if there is another parent to step in and take the father's place, in other words by adoption. Parental rights are constitutionally protected rights of each parent and the court will not abandon that right on a casual basis. Additionally Child Support is not something you as the parent can waive, because it is actually the child's right to receive and therefore not able to...

    3 lawyers agreed with this answer

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  9. Should I willingly submit to a DNA test outside of a hearing?

    Answered about 1 month ago.

    1. Bennett James Wills
    2. Thomas K. Mallon
    3. Deidra Nicole Proctor
    3 lawyer answers

    This is not a solely legal question, but rather a legal question wrapped in a moral question. If the child is yours, you have an obligation to pay support for that child. In addition you have certain other rights of visitation/custody that would go along with that. If the mother was married at the time the child was born, the husband is pre-summed to be the father. If the mother wants an outside DNA test, its because she wants more evidence before filing a case for child support....

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  10. Can we legally add my stepdaughter to my (better) insurance if my husband and his ex share joint legal custody?

    Answered 10 days ago.

    1. Evan Michael Koslow
    2. Mark William Oakley
    3. Thomas K. Mallon
    4. Jeffrey B Henry
    4 lawyer answers

    I have had this issue come up multiple times and my experience is that most Judges have no problem having the minor child covered on multiple plans. It does not hurt to have the child added to your plan and would only be seen as an additional benefit. If you are asking to have one plan implemented over another one, you would have to look at the Agreement or Judgment to determine what applies, particularly who has veto power over any cancellation or payments.

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