On August 10, the Court of Appeals issued a new family law opinion, McGeehan v. McGeehan. The headnote for which is: “Under Section 8-201(e)(3)(iii) of the Family Law Article of the Maryland Code, which permits …
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Family Law Development – McGeehan v. McGeehan
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Unenforceable Agreements to Agree & Family Law
In Maryland, “agreements to agree” are generally unenforceable. For a contact to exist, the terms must be “sufficiently definite”. If the parties’ terms are too undefined, a court cannot make a contract for the parties. …
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Relationship Contracts – A Paradigm Shift
A recent article in the New York Times, To Stay In Love, Sign on the Dotted Line, describes a more deliberate process – a written relationship contract – for what many (if not most) couples do …
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Starting the Journey – Hiring an Attorney – What to Consider?
Hiring an attorney means putting your trust in someone to advocate for you, your family, and your future on the unfamiliar path of divorce and custody. It is a stressful journey, arising from a difficult …
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Capital Loss Carry Forwards in Maryland Divorce
When property is sold for less than the purchase price, this may result in a capital loss that can be used to offset certain types of income on future income tax returns. If not used …
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Why Expansion of Maryland’s Mutual Consent Ground Has Stalled in the General Assembly
The 2017 legislative session saw only one bill concerning the Mutual Consent ground for divorce. To eliminate the requirement that both parties attend the uncontested divorce hearing. The bill failed. In the 2016 session, there …
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A May 2017 Tax Court’s Cautionary Lessons about Alimony and Tax Preparation Software Pitfalls
A May 2017 Tax Court Opinion reminds us that to qualify as deductible alimony (among other requirements), payment must be required by a “divorce or separation instrument”. This is defined as: – A decree of divorce …
