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Rockville MD Divorce Law Blog

Is jumping to conclusions about Ashley Madison hack a bad idea?

If you pay attention to the news like we do, then you've probably heard about a number of computer hacks that have taken place over the last year. From hacks on company servers to websites, computer hacking can be devastating because it can negatively impact lives. This was perhaps best exemplified recently after the hack on the website called Ashley Madison.

Some of our Gaithersburg readers may have heard about the hack, which resulted in the release of hundreds of thousands of names and email addresses of people who used the site. For many, this was a concerning enough fact because it could lead to issues such as identity theft. But what made this hack so devastating was the fact that Ashley Madison is a dating website specifically for married people looking to cheat on their spouses.

Celebrity case shows why it's okay for men to ask for alimony

Back in September of last year, we wrote a response to a question asked by some divorcing men in Maryland regarding whether a man would be required to pay alimony to his ex-wife even if his income was lower than hers. As we explained in the post, Maryland family law judges take each spouse's income into consideration when determining alimony orders, meaning an ex-wife could be ordered to pay her ex-husband instead of the other way around.

But despite the fact that women are becoming the so-called bread winners in many families, some men are still hesitant to ask for alimony during the divorce process. This was a point we illustrated in a post we wrote earlier this month that some of our Montgomery County readers may have read already. In continuing with this theme, we thought we'd touch on the subject of alimony once more by looking at a recent celebrity case we think showcases elements from both posts.

Maryland clarifies grounds for divorce for same-sex couples

As some residents here in Gaithersburg know, there are two ways to file for divorce here in Maryland. If a couple has simply drifted apart or there is an irretrievable breakdown of the marriage, then couples must separate for a year before filing for divorce. If there are grounds for divorce though, couples may file for the dissolution of marriage immediately without having to live separate for a year first.

Though this has been the law in our state for generations, the legalization of same-sex marriage by Maryland voters in 2013 raised an important question: did the same rules that applied to heterosexual couples in divorce now apply to homosexual couples? Though some believed that the answer was yes, it remained a query for many, even causing some couples to forgo divorce because they didn't know if the law applied to them or not.

The 'best interest of the child' doesn't always lead to shared parenting

In many states across the nation, judges take into consideration a child's best interests when making custody determinations. What this means can differ from state to state though. Here in Maryland, judges take into consideration a myriad of things such as existing custody agreements, the fitness of each parent, the age of the child, and whether one parent takes care of the child more than the other, just to name a few.

Though most people would agree that it's important to keep in mind a child's best interests when making custody arrangements, some argue this standard of law gives judges too much discretion when making determinations. Across the nation, and perhaps even here in Maryland, this can lead to seemingly unfair custody arrangements that tend to ignore a father's rights. Furthermore, this standard of law does not take into consideration mounting research that suggests "children living in joint-physical custody arrangements exhibited fewer psychosomatic issues than those living with just one parent."

Despite a need, men may be less likely to ask for alimony

There are a lot of stereotypes surrounding the divorce process that some of today's readers may have heard or believed. One such stereotype is that alimony is only awarded to women during divorce proceedings. In most counties across the nation, including here in Montgomery County, it might even be considered laughable to even think that a man would ask for spousal support.

As was pointed out in a 2014 article in Forbes, only 3 percent of men receive spousal maintenance in the United States. But in many households, women are considered the "breadwinner," making more money than their husbands. If this is the case, then why are so few men receiving alimony payments after a divorce? Let's take a look at one leading theory.

How long is a Maryland parent required to pay child support?

At the McKeon Law Firm, we know that not all of our Gaithersburg readers are experts in the area of family law. That's why, on our blog, we like to answer questions that may be on the minds of our readers. By answering theses questions, we hope to give our readers a better understanding of the law as well as stress the importance of talking to an experienced attorney when necessary.

In today's post, we'd like to address a very important question that is typically asked by non-custodial parents who have had little to no interaction with the family law court system. The question is the one we're asking above: how long is a Maryland parent required to pay child support? Let's take a look.

Do I have to sign the prenup my fiancé has given me?

When it comes to the subject of prenuptial agreements, the important thing to remember is that everyone's situation is different. For some couples, they may have been married before and therefore come to their next marriage with a considerable amount of assets. For them, a prenuptial agreement is about protecting what they had in the event that divorce should strike twice. For others, the situation may be very different.

Take for example couples who are getting married for the first time. For couples in this situation, they wouldn't have a previous divorce to look back at and know what to do differently with their next marriage. As a result, first-marriage couples may not think about the usefulness of a prenup nor would they know how to enforce one if the situation arose.

Maryland child support enforcement good but not perfect yet

About four years ago, a number of people in Maryland were shocked when legislative auditors uncovered a number of problems with our state's child support enforcement system. According to the report, our state's Child Support Enforcement Administration had not been utilizing important enforcement tools, such as wage garnishment, to seize court-ordered funds. This caused tens of thousands of dollars in child support to go unpaid to the custodial parents who relied on these payments to support their children.

Though a number of these problems have since been corrected, according to the Maryland Reporter, a new report issued this month shows that the state still has a ways to go before it can truly meet the needs of custodial parents through child support enforcement. One way the state can ensure this outcome is by holding county offices accountable for failing to enforce child support orders to the fullest extent of the law.

What's the difference between absolute and limited divorce?

Traditional divorce isn't always possible for every couple. For some, religious convictions may prevent a couple from seeking a legal dissolution of their marriage. For others, it might not make financial sense to divorce right now. Either way, couples facing marital problems still deserve relief, it's just a matter of finding the right solution for each couple's needs.

For couples like the ones we mentioned above, your relief may lie in a limited divorce. If you're like a lot of people here in Montgomery County, you may believe this is closely related to the traditional divorce process, also referred to as absolute divorce. But as you will soon see, these two types of divorce are very different from each other-- both offering though relief from a broken-down marriage.

What the gay marriage decision means for Maryland couples

Maryland began legally recognized same-sex marriage on Jan. 1, 2013. With this week’s historic U.S. Supreme Court decision, same-sex marriages that were performed in Maryland, or any other state, must now be recognized by all other states.

On Friday, the Supreme Court announced that it had reached a 5-4 ruling in favor of gay marriage after the gay marriage bans in four states were challenged as being unconstitutional.

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http://www.mckeonlawfirm.com 202-742-1800 The McKeon Law Firm handles marital property issues in divorce. The attorneys are experienced in business valuation & tracing assets. Contact us in Gaithersburg, Maryland for property division matters.

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