Back in 2006, i bought a house in Dallastown PA and stayed there for over 2 years and was forced to evacuate the place, reason is "foreclosure" which is unbeknownst to me. The process of buying and all papers involved and all transactions regardin...
I agree with Mr. Scherr and you need to contact an attorney in Pennsylvania immediately. There are important, time sensitive deadlines in foreclosure cases and you can lose certain defenses if you do not assert your rights in a timely manner. If Pennsylvania is like Maryland, once the property is sold at a foreclosure sale, you lose your rights to the property.See question
I have been separated since February and am looking to get a divorce ASAP under the new law which eliminates the 1 year wait period. We have no children, no property, no joint finances, and both want the divorce. I believe it should be straightfor...
I agree with all my colleagues who have answered this question but would like to add my take.
Effective October 1, 2015, parties in Maryland can get divorced on the ground of "mutual consent." This is the new ground that you are referring to. As you indicated in your question, to qualify for this ground you cannot have any children and there can be no dispute regarding any property issues between you and your spouse and the question of alimony must also be resolved. Note that the statute specifically requires that the parties file with the court an agreement that states that there are no property issues between the parties. Thus, with your complaint you will need to file an agreement executed by you and your spouse that states that all property issues, including alimony, have been resolved between the two of you.
There are attorneys that offer flat-fee arrangements for uncontested divorces. It appears that you are in Baltimore, so I would suggest that you Google divorce attorneys in Baltimore and call a few to see if they offer a flat fee for an uncontested divorce and ask them what their flat fee is.
I hope this helps. Good luck!See question
My partner was joined in a civil union over ten years ago and has been separated for five years. It can't be dissolved as she no longer lives in the state it was performed in and doesn't meet all the criteria for out-of-state dissolution. We would...
Maryland does not recognize common law marriages and, if your partner was not previously married, a marriage to you in Maryland would not be bigamous. I would recommend, however, that you speak with an attorney in the state in which she obtained the civil union to discuss her plans to marry you in Maryland and whether she needs to do anything there first. My understanding is that with the recent Supreme Court decision legalizing gay marriage across the country, some states have automatically converted their civil unions to marriages. You need to make sure that is not the case in the state where your partner has her civil union and to ensure that there are no other constraints to her marrying you.
I hope this helps. Good luck to you!See question
No children and all assets/debts have been divided up in the agreement.
I agree with Mr. Marryott that you can represent yourself in an uncontested divorce and the Court has resources to help facilitate that. If you want to hire an attorney to represent you through the process, attorneys I know in Montgomery County typically charge between $1,000 and $1,500 to represent clients in an uncontested divorce when the client already has a separation agreement. You can do a search for divorce attorneys online and call around and ask what their fee is
I hope this helps you. Good luck.See question
He is also a disabled veteran. Can I do anything about this now?
This is a very fact specific issue and will depend upon the specific award that you received from the Court twenty years ago. For example, if the Court awarded you alimony for a term of 5 years following the divorce, it is unlikely that you can recover any alimony from your ex-husband now. This is due to the fact in part that Maryland has a 12 year limitation on collecting judgments. Since the last payment would have been due approximately 15 years ago, a claim to recover the past due amount may now be barred by the passage of time. Your ex-husband could also argue a legal theory called the "doctrine of laches" which essentially means that he was prejudiced in some way by your failing to seek alimony in a timely manner.
If, however, you were awarded indefinite alimony, i.e., alimony was to continue until your remarriage or the death or either of you, you may be entitled to still collect alimony going forward and, perhaps, the alimony for the past 12 years.
You need to take your Judgment of Absolute Divorce to an attorney in Baltimore so that he or she can review the express language contained in the Order and determine what you may be entitled to. The attorney will want to review the Court's decision in Weidner v. Weidner, 553 A. 2d 263 (Md: 1989), which is a case with facts roughly similar to yours. In that decision, the Court held that the wife was entitled to collect alimony even though it had been awarded 19 years earlier. If you want to read that decision, you can find that case on Google Scholar. There may also be other cases on the subject.
I hope this helps. Good luck to you!See question
Need to know what the court costs will be for having the case heard/decided by a judge. The trial lasted the entire day and a half. What if I can't pay the entire court fee?
As a practicing family law attorney in Montgomery County, I can tell you that you do not need to be concerned about the issue of court costs. You are not required to pay the cost of the hearing, or for the judge's time; those costs are borne by the taxpayers. The court charges litigants a fee when they file a complaint for divorce, or, if their case is closed, you are charged a fee to file a post-judgment motion. Those are typically the only costs you pay in family law litigation in Montgomery County.See question
Can I sue the car dealer for providing exaggerated loan application and disclosing my income to family court without disclose that what is application can be use other then car loan and it will be given to the court if they been subpoena
In my opinion, you do not have a claim against the dealer. Without focusing on the claim of exaggerated income, the dealer is under a legal obligation to produce documents in response to a lawfully issued subpoena. I am not aware of any law or regulatory requirement that compels someone who accepts a loan application to advise the applicant that the application may be produced to third parties in response to a subpoena.
As a family law lawyer, I can tell you that I frequently subpoena mortgage and loan applications in my practice. I use the applications to prove or disprove a person's claimed income. For example, if you testify in Court that your income is $40,000/year, but, on a loan application you recently submitted to buy a new car you stated your income was $60,000/year, an attorney is going to use that application to impeach your statement that you are only making $40,000/year. Assuming that there had not been a change in your financial circumstances since the date of the loan application, the standard line would be "Are you lying now about your income or were you lying when you completed your loan application, which you signed under penalties of perjury?"
Although you assert that the car dealer inflated your income, you signed the loan application and likely did so under penalties of perjury. You re stuck with that. You want to be careful about admitting that your income is inflated on the application, because, you could potentially face criminal charges for signing a false loan application. (I'm not a criminal lawyer and cannot advise you on that issue.)
Good luck. I hope this helps.See question
If I've been providing for my son by myself and my sons father has had visitation and now that I'm asking for child support he wants sole physical custody . Will the judge usually see when fathers are trying to avoid child support ? Would the fac...
Judges are very smart people and they can usually discern why people do certain things such as seek primary physical custody only after the other parent files for child support.
That being said, there may be a whole host of reasons why your child's father is only now seeking custody. You have posted only limited facts and it is impossible to determine what other factors may exist that may influence a judge hearing your case. At trial, the judge will receive testimony from the father and hear what he has to say. If he didn't seek custody because he didn't have a suitable place to live or have overnight visits with your son, that is a factor the Court will consider. If you denied him access to the child or refused overnights, that would be another factor for the Court to consider. It's hard for anyone responding on Avvo to give you a really good answer since there are so many unknowns.
That being said, the Court will base its decision on what it determines is in the best interest of your child. Courts like to see both parents active and involved in their children's upbringing. After hearing all the evidence, the Court will make a determination regarding custody. The Court may award you primary physical custody (which mean's the father has your son for less than 128 overnights per year), it may award shared physicial custody (which means that both of you have your son for more than 128 nights per year) or, it could award him primary physical custody (which means you would have your son for less than 128 nights per year). Whatever the Court does, it will be guided by the "best interest" standard. Based on your limited facts, it sounds like you would get primary custody, but, again, you've only presented your side of the story. At trial, the judge will hear both sides.
Lawyers (and litigants) are surprised by Judge's rulings all the time. Different judges rule different ways on the same facts. Custody rulings are very fact specific and, if you have the resources, you should consider retaining an attorney to represent you in this very important matter.
I hope this is helpful. Good luck!See question
During a recent family court hearing, the judge stated that my exH would get the kids every Wednesday after school until 7 pm, every Saturday from 9-3 and alternate Sundays from 12-5. When the minutes were published, they stated that he would have...
I do not practice in Arizona but in many courts the hearing is now recorded then transcribed. In Maryland, for example, you can order a copy of the recording of the hearing. If that is the case in your court, you can compare the recording against the transcript. If there is an error, you can advise the court or its technical services division responsible for the transcription. If you can get a copy of the recording, if there is one, that should resolve the issue.
I hope this helps. Good luck.See question
As a father, do I have any say about my 5 yr old living with a large pit bull, whom I fear to death from the looks of his mouth and teeth,? His mother moved in with her boyfriend and he owns a pit. I don't want my son in the same house. We both s...
You raise a very interesting question. In 2012, the Maryland Court of Appeals (the State’s highest court) issued an opinion in which it held that pit bulls are inherently dangerous animals. The Court imposed the legal concept of strict liability on owners of pit bulls and landlords who allow tenants to keep them on their property. The Court’s decision in Tracey v. Solesky is available at this link: http://mdcourts.gov/opinions/coa/2012/53a11.pdf.
Applying this decision to your facts, I believe that a trial court could be forced to hold that by having your son live in a residence with a pit bull he is being exposed to an inherently dangerous situation. I think that would be a very important fact for the Court to consider on a Motion to Modify Custody. In ruling on a motion to modify custody, the Court has to determine what is in your son’s best interest, but, clearly, residing in a house with an inherently dangerous animal is an important factor for the Court to consider. If I was a Judge – and I’m not – I would probably tell your ex-wife to get rid of the dog or lose custody. Why put your son’s safety at risk?
I hope this helps. Good luck.See question