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Thomas K. Mallon

Thomas Mallon’s Answers

288 total


  • Can i lose my nursing license if my husband files for adultery against me?

    im having an affair. my husband has threatened to charge me with adultery many times. is it possible for me to lose my professional license over this?

    Thomas’s Answer

    This is more of an employment law question. Although adultery is still a crime in Maryland, it is only punishable by a maximum $10 fine. It is almost never, ever, ever prosecuted, so being accused of a crime is not the same as being convicted and the mere accusation should not result in anything, particularly for adultery.

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  • Can a divorce settlement be reopened/reconsidered based on bankruptcy?

    The divorce decree was signed 4 months ago. We co-own three properties and one credit card. In the agreement, he agreed to pay the card because he spent the balance, and because he wanted to keep them and I wanted to sell them, I agreed to give ...

    Thomas’s Answer

    Setting aside an agreement in a divorce matter will be analyzed and decided the same as if it were any other contract. It is very difficult. I am not sure if you had an attorney for your divorce, but you certainly need one now. You should also consult with a bankruptcy attorney, who can tell you if the terms of the divorce agreement can be set aside or not.

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  • Can I stay limited divorced while loving together?

    I have filed for limited divorce and all paper work has been signed and served. But since then I have considered to give our marriage another chance but would like to keep the limited divorce still in place while living together. I understand that...

    Thomas’s Answer

    Since the two of you are getting along so well for people attempting to get divorced, you may simply want to talk to an attorney about a post nuptial agreement instead of the limited divorce. With a limited divorce, as with an absolute divorce, you need valid grounds for the divorce. You may also wish to discuss those with a attorney as well to make sure you can satisfy those requirements.

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  • Is there still a 12 month separation period before a divorce is granted in the state of Maryland.

    My husband and I have decided to divorce after 17 yrs. I need advice on how to proceed.

    Thomas’s Answer

    If you need advice you should seek out an attorney that can help you with your specific details and offer more advice than can be provide on a general question and answer site. With that said, there is a new grounds for divorce in Maryland that does provide if the parties are separated for 6 months, have no children and have a written agreement, the court can grant a divorce. All other grounds for divorce still exist including living separate and apart for more than a year.

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  • My wife and I are both on deed, but only wife is on mortgage note. What ramifications for me in divorce?

    Lets say after the divorce she stops paying or house goes into foreclosure. Will it impact my credit score? Can the lender take legal action against me via civil judgment to collect? What if I use a quit claim deed to have me removed from the ...

    Thomas’s Answer

    Since you are not on the mortgage, the mortgage company can't ask you to pay anything or therefore affect your credit.

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  • I need a divorce but cannot locate my husband in another state

    I've been separated for approximately 10 yrs. We lived in MD, where I still live. However, he moved to KY soon after we separated. Since then, I know he's moved several times and has been in trouble with the law and recently spent some time in jai...

    Thomas’s Answer

    You might want to contact the local authorities in Kentucky and see if anyone there knows where he is. Checking the jails and or local police stations, can be a place to start. If he has been in trouble in the past, and that trouble continues, they will be keeping tabs on him and may know where he is. Good luck.

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  • Do I have to drop my child for visitation if I think I wont get him back?

    My ex-wife and her insecure same sex lover are moving but will not tell me the new address. The last time she did this, she kept our child from me for over a year. We have shared custody but since she got away with it before she is doing it again...

    Thomas’s Answer

    Joint legal custody means that the two parent make decisions together involving the future of the child, including where the child is going to live. That statement is not advice or permission to keep the child from their mother, but you might use it to remind the mother and certainly communicate that idea in any communication with the mother asking where she is moving to. I would also make that request in writing via text or e-mail if you can and as the others have stated, seek advice of an attorney as soon as you can.

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  • Do I need to split in half my pension and 401k in the event of my divorce

    Have been separated for 10 years

    Thomas’s Answer

    Marital Property is property however titled that was acquired during the marriage that is not an inheritance or gift or directly traceable to one of those sources. In addition, the courts view marriage as a partnership and therefore half of one party's salary is a gift to the other and vice versa. Retirement assets whether in a pension or 401K are just your salary that you are collecting at a time in the future. So to answer your question, will you need to split those assets, the answer is, in most cases, "yes", unless you obtain a waiver or the court finds under the circumstances, that such a division is inequitable (not found that often).

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  • My wife and I separated she moved out nine months ago. If I move a girlfriend in can she evict her?

    We have no documents of a lease or rental agreement, she helps out with food and other things. I am in Maryland

    Thomas’s Answer

    I am going to assume my college interpreted that incorrectly in that your girlfriend is the one that helps out with food and other things, ie in lieu of rent. Either way its the same. Your girlfriend is your guest. Your wife is the owner of the property, but she moved out and the two of you have separated with the intent of ending your marriage. A wiser man would have waited, but that's not a particularly legal opinion.

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  • If the father didn't sign the birth certificate or signed an affidavit. Can he file for joint custody?

    He wasn't around when I had the baby. He didn't come to the hospital and he showed up when she was 3months

    Thomas’s Answer

    Your question answers itself, "If the father..." Since he is the father he can file for custody, joint or other wise. You might want to try talking to him and see exactly what it is he is looking for and coming up with a solution that works for the both of you. You never know unless you ask. Or at the very least it will give you some insight as to coming up with a game plan for court.

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