Maryland Desertion Inability Divorce Lawyers Attorneys
Divorce order that was granted on the basis of desertion was reversed because a wife was justified in leaving the parties’ home since she had noticed a deterioration in her health that was attributed to her inability to cope with her husband’s son.
Do you need help with a divorce in Maryland? Call us at 888-437-7747.
Going through a divorce is one of the most stressful experiences you will go through in your entire life.
The last thing you want to think about after you have been married for a period of time is how you are going to deal with a divorce and all the issues that arise in a divorce.
If you are in the unfortunate position of having to file for a divorce inMarylandor you have been served with a divorce complaint inMaryland, you need the help of an experienced divorce lawyer inMaryland.
The SRIS Law Group Maryland divorce lawyers have a thorough understanding of the divorce laws inMarylandand how theMarylanddivorce laws may apply to your case.
OurMarylanddivorce attorneys have helped many clients who are going through a divorce inMaryland.
If you need help with aMarylanddivorce, contact us for help at 888-437-7747.
We have offices in Baltimore & Montgomery County
Property & Asset Distribution in Maryland Law Statutes
Property & Asset Distribution in Maryland
Equitable Distribution
Property & Asset Distribution
Maryland divorce lawyers
MaryLand Penal § 8-202. Ownership of personal and real property
(a) Determination of ownership. –
(1) When the court grants an annulment or a limited or absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of personal property.
(2) When the court grants an annulment or an absolute divorce, the court may resolve any dispute between the parties with respect to the ownership of real property.
(3) Except as provided in § 8-205 of this subtitle, the court may not transfer the ownership of personal or real property from 1 party to the other.
(b) Decree and order. — When the court determines the ownership of personal or real property, the court may:
(1) grant a decree that states what the ownership interest of each party is; and
(2) as to any property owned by both of the parties, order a partition or a sale instead of partition and a division of the proceeds.
MaryLand Penal § 8-203. Marital property — Determination
(a) Time of court action. — In a proceeding for an annulment or an absolute divorce, if there is a dispute as to whether certain property is marital property, the court shall determine which property is marital property:
(1) when the court grants an annulment or an absolute divorce;
(2) within 90 days after the court grants an annulment or divorce, if the court expressly reserves in the annulment or divorce decree the power to make the determination; or
(3) after the 90-day period if:
(i) the court expressly reserves in the annulment or divorce decree the power to make the determination;
(ii) during the 90-day period, the court extends the time for making the determination; and
(iii) the parties consent to the extension.
(b) Consideration of military pension. — In this subtitle, a military pension shall be considered in the same manner as any other pension or retirement benefit.
(c) Exclusion of family home and family use personal property. — Repealed.
MaryLand Penal § 8-204. Marital property — Valuation
(a) Determination by court. — Except as provided in subsection (b) of this section, the court shall determine the value of all marital property.
(b) Retirement benefits. –
(1) The court need not determine the value of a pension, retirement, profit sharing, or deferred compensation plan, unless a party has given notice in accordance with paragraph (2) of this subsection that the party objects to a distribution of retirement benefits on an “if, as, and when” basis.
(2) If a party objects to the distribution of retirement benefits on an “if, as, and when” basis and intends to present evidence of the value of the benefits, the party shall give written notice at least 60 days before the date the joint statement of the parties concerning marital and nonmarital property is required to be filed under the Maryland Rules. If notice is not given in accordance with this paragraph, any objection to a distribution on an “if, as, and when” basis shall be deemed to be waived unless good cause is shown.
MaryLand Penal § 8-205. Marital property — Award
(a) Grant of award. –
(1) Subject to the provisions of subsection (b) of this section, after the court determines which property is marital property, and the value of the marital property, the court may transfer ownership of an interest in property described in paragraph (2) of this subsection, grant a monetary award, or both, as an adjustment of the equities and rights of the parties concerning marital property, whether or not alimony is awarded.
(2) The court may transfer ownership of an interest in:
(i) a pension, retirement, profit sharing, or deferred compensation plan, from one party to either or both parties;
(ii) subject to the consent of any lienholders, family use personal property, from one or both parties to either or both parties; and
(iii) subject to the terms of any lien, real property jointly owned by the parties and used as the principal residence of the parties when they lived together, by:
1. ordering the transfer of ownership of the real property or any interest of one of the parties in the real property to the other party if the party to whom the real property is transferred obtains the release of the other party from any lien against the real property;
2. authorizing one party to purchase the interest of the other party in the real property, in accordance with the terms and conditions ordered by the court; or
3. both.
(b) Factors in determining amount and method of payment or terms of transfer. — The court shall determine the amount and the method of payment of a monetary award, or the terms of the transfer of the interest in property described in subsection (a)(2) of this section, or both, after considering each of the following factors:
(1) the contributions, monetary and nonmonetary, of each party to the well-being of the family;
(2) the value of all property interests of each party;
(3) the economic circumstances of each party at the time the award is to be made;
(4) the circumstances that contributed to the estrangement of the parties;
(5) the duration of the marriage;
(6) the age of each party;
(7) the physical and mental condition of each party;
(8) how and when specific marital property or interest in property described in subsection (a)(2) of this section, was acquired, including the effort expended by each party in accumulating the marital property or the interest in property described in subsection (a)(2) of this section, or both;
(9) the contribution by either party of property described in § 8-201(e)(3) of this subtitle to the acquisition of real property held by the parties as tenants by the entirety;
(10) any award of alimony and any award or other provision that the court has made with respect to family use personal property or the family home; and
(11) any other factor that the court considers necessary or appropriate to consider in order to arrive at a fair and equitable monetary award or transfer of an interest in property described in subsection (a)(2) of this section, or both.
(c) Award reduced to judgment. — The court may reduce to a judgment any monetary award made under this section, to the extent that any part of the award is due and owing.
MaryLand Penal § 8-206. Family home; family use personal property — Legislative policy
The court shall exercise its powers under §§ 8-207 through 8-213 of this subtitle:
(1) to enable any child of the family to continue to live in the environment and community that are familiar to the child; and
(2) to provide for the continued occupancy of the family home and possession and use of family use personal property by a party with custody of a child who has a need to live in that home.
MaryLand Penal § 8-207. Family home; family use personal property — Determination; order or decree; property not included
(a) Determination. — In a proceeding for an annulment or a limited or absolute divorce, the court may determine which property is the family home and family use personal property:
(1) before the court grants an annulment or a limited or absolute divorce; or
(2) when the court grants an annulment or a limited or absolute divorce.
(b) Modification. — A preliminary or pendente lite determination is subject to modification during the pendency of the proceeding.
(c) Certain property to be treated as marital property. — If the court determines that there is no need for an order or decree issued under this section regarding the family home or all or any part of family use personal property, the property shall be treated as marital property if it otherwise would have been treated as marital property.
MaryLand Penal § 8-208. Family home; family use personal property — Award of possession and use; standards; order or decree; allocation of financial responsibilities
(a) Award of possession and use. –
(1) When the court grants an annulment or a limited or absolute divorce, regardless of how the family home or family use personal property is titled, owned, or leased, the court may:
(i) decide that 1 of the parties shall have the sole possession and use of that property; or
(ii) divide the possession and use of the property between the parties.
(2) The court may exercise these powers pendente lite.
(b) Required considerations. — In awarding the possession and use of the family home and family use personal property, the court shall consider each of the following factors:
(1) the best interests of any child;
(2) the interest of each party in continuing:
(i) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it as a dwelling place; or
(ii) to use the family use personal property or any part of it, or to occupy or use the family home or any part of it for the production of income; and
(3) any hardship imposed on the party whose interest in the family home or family use personal property is infringed on by an order issued under §§ 8-207 through 8-213 of this subtitle.
(c) Allocation of financial responsibilities. — The court may order or decree that either or both of the parties pay all or any part of:
(1) any mortgage payments or rent;
(2) any indebtedness that is related to the property;
(3) the cost of maintenance, insurance, assessments, and taxes; or
(4) any similar expenses in connection with the property.
(d) Effect of award of sole possession and use. — An order giving a party the sole possession and use of the family home under subsection (a) of this section does not affect the right of the other party to claim the family home as that party’s principal residence for tax purposes.
MaryLand Penal § 8-209. Family home; family use personal property — Power of court over order or decree
In a temporary or final order or decree, each provision that concerns the family home or family use personal property is subject, as the circumstances and justice may require, to:
(1) the terms and conditions that the court sets;
(2) the time limits that the court sets, subject to § 8-210 of this subtitle; and
(3) modification or dissolution by the court.
MaryLand Penal § 8-210. Family home; family use personal property — Termination of order or decree
(a) Time limitation. –
(1) In any order or decree, or any modification of an order or decree, a provision that concerns the family home or family use personal property shall terminate no later than 3 years after the date on which the court grants an annulment or a limited or absolute divorce.
(2) The 3-year limitation set out in paragraph (1) of this subsection applies to a limited divorce notwithstanding the subsequent granting of an absolute divorce.
(b) Remarriage of party with possession or use of property. — Subject to the provisions of subsection (a) of this section, in any order or decree, or any modification of an order or decree, a provision that concerns the family home or family use personal property shall terminate when the party with the possession or use of the property remarries.
(c) Treatment of property. — When a provision that concerns the family home or family use personal property terminates, the court shall treat the property as marital property if the property qualifies as marital property, and adjust the equities and rights of the parties concerning the property as set out in § 8-205 of this subtitle.
MaryLand Penal § 8-211. Family home; family use personal property — Not evidence of constructive desertion
An order, award, or decree under §§ 8-207 through 8-209 of this subtitle may not be considered as evidence of constructive desertion.
Child Abuse & Neglect Law Statutes
Child Abuse & Neglect
Maryland child abuse & neglect attorney
Maryland Penal § 3-601. Child abuse
(a) Definitions. –
(1) In this section the following words have the meanings indicated.
(2) “Abuse” means physical injury sustained by a minor as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the minor’s health or welfare is harmed or threatened by the treatment or act.
(3) “Family member” means a relative of a minor by blood, adoption, or marriage.
(4) “Household member” means a person who lives with or is a regular presence in a home of a minor at the time of the alleged abuse.
(5) “Severe physical injury” means:
(i) brain injury or bleeding within the skull;
(ii) starvation; or
(iii) physical injury that:
1. creates a substantial risk of death; or
2. causes permanent or protracted serious:
A. disfigurement;
B. loss of the function of any bodily member or organ; or
C. impairment of the function of any bodily member or organ.
(b) First-degree child abuse. –
(1) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to the minor that:
(i) results in the death of the minor; or
(ii) causes severe physical injury to the minor.
(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the first degree and on conviction is subject to:
(i) imprisonment not exceeding 25 years; or
(ii) if the violation results in the death of the victim, imprisonment not exceeding 30 years.
(c) Repeated offense. — A person who violates this section after being convicted of a previous violation of this section is guilty of a felony and on conviction is subject to:
(1) imprisonment not exceeding 25 years; or
(2) if the violation results in the death of the victim, imprisonment not exceeding 30 years.
(d) Second-degree child abuse. –
(1) (i) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to the minor.
(ii) A household member or family member may not cause abuse to a minor.
(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the second degree and on conviction is subject to imprisonment not exceeding 15 years.
(e) Sentencing. — A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.
Maryland Penal § 3-602. Sexual abuse of a minor
(a) Definitions. –
(1) In this section the following words have the meanings indicated.
(2) “Family member” has the meaning stated in § 3-601 of this subtitle.
(3) “Household member” has the meaning stated in § 3-601 of this subtitle.
(4) (i) “Sexual abuse” means an act that involves sexual molestation or exploitation of a minor, whether physical injuries are sustained or not.
(ii) “Sexual abuse” includes:
1. incest;
2. rape;
3. sexual offense in any degree;
4. sodomy; and
5. unnatural or perverted sexual practices.
(b) Prohibited. –
(1) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause sexual abuse to the minor.
(2) A household member or family member may not cause sexual abuse to a minor.
(c) Penalty. — A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years.
(d) Sentencing. — A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for:
(1) any crime based on the act establishing the violation of this section; or
(2) a violation of § 3-601 of this subtitle involving an act of abuse separate from sexual abuse under this section.
Maryland Penal § 5-556. Child abuse [Subject to amendment effective January 1, 2012]
(a) Notice of report. — In addition to any other provision of law relating to child abuse and neglect, a local department that receives a report of suspected child abuse under § 5-704 or § 5-705 of this title that concerns a family day care home shall notify the State Superintendent’s designee within 48 hours.
(b) Multidisciplinary team — Convention. — Upon receipt of the notification required under subsection (a) of this section, the State Superintendent’s designee shall convene, either in person or by telephone, a multidisciplinary team to coordinate procedures in accordance with the agreement developed under § 5-706(e) of this title to be followed in investigating and otherwise responding to the report.
(c) Multidisciplinary team — Chairperson; composition. — The multidisciplinary team shall be chaired by the State Superintendent’s designee and shall include:
(1) representatives of the local department and law enforcement agency that are investigating the report under § 5-706 of this title;
(2) representation from the office of the local State’s Attorney; and
(3) appropriate medical, including mental health, expertise.
(d) Multidisciplinary team — Sharing information generally. — Notwithstanding any other provision of law, the members of the multidisciplinary team shall share information necessary to carry out the team’s responsibility under this section.
(e) Multidisciplinary team — Confidentiality of shared information. — Any information shared by the multidisciplinary team shall be confidential and may be disclosed only in accordance with the provisions of §§ 1-201, 1-202, 1-204, and 1-205 of the Human Services Article.
(f) Assistance of law enforcement agencies. — Upon request, the Department of State Police shall provide technical assistance to a local law enforcement agency which is investigating a report of suspected child abuse concerning a family day care home.
Maryland Penal § 5-556. Child abuse (Amendment effective January 1, 2012.)
(a) Notice of report. — In addition to any other provision of law relating to child abuse and neglect, a local department that receives a report of suspected child abuse under § 5-704 or § 5-705 of this title that concerns a family child care home or large family child care home shall notify the State Superintendent’s designee within 48 hours.
(b) Multidisciplinary team — Convention. — Upon receipt of the notification required under subsection (a) of this section, the State Superintendent’s designee shall convene, either in person or by telephone, a multidisciplinary team to coordinate procedures in accordance with the agreement developed under § 5-706(e) of this title to be followed in investigating and otherwise responding to the report.
(c) Multidisciplinary team — Chairperson; composition. — The multidisciplinary team shall be chaired by the State Superintendent’s designee and shall include:
(1) representatives of the local department and law enforcement agency that are investigating the report under § 5-706 of this title;
(2) representation from the office of the local State’s Attorney; and
(3) appropriate medical, including mental health, expertise.
(d) Multidisciplinary team — Sharing information generally. — Notwithstanding any other provision of law, the members of the multidisciplinary team shall share information necessary to carry out the team’s responsibility under this section.
(e) Multidisciplinary team — Confidentiality of shared information. — Any information shared by the multidisciplinary team shall be confidential and may be disclosed only in accordance with the provisions of §§ 1-201, 1-202, 1-204, and 1-205 of the Human Services Article.
(f) Assistance of law enforcement agencies. — Upon request, the Department of State Police shall provide technical assistance to a local law enforcement agency which is investigating a report of suspected child abuse concerning a family child care home or large family child care home.
Disclaimer
GENERAL DISCLAIMER
This Website is intended solely to convey general information about Sris Law Group P.C. The content of the Website is not intended to constitute, and should not be relied upon as, legal advice. While we have attempted to maintain the information on this Website as accurately as possible, this information may contain errors or omissions, for which we disclaim any liability. Sris Law Group P.C. does not warrant the accuracy or completeness of any other Website which the user may access through this Website.
For your protection, if you contact us through this Website, please do not send us any confidential information unless you have received written permission, in advance, to do so from a Sris Law Group P.C. attorney.
The confidentiality of any communication between you and Sris Law Group P.C. may not be protected until an attorney-client relationship is formally established. Neither your use of this site nor your transmission of electronic mail to Sris Law Group P.C. nor any of its lawyers will create an attorney-client relationship. The formation of an attorney-client relationship requires satisfaction of multiple factors such as resolution of possibleconflicts of interest, an appropriate fee arrangement, and mutual agreement on the terms of the engagement. In the absence of such a relationship, materials you send to us may not be protected by the attorney-client privilege, and third parties may be able to force Sris Law Group P.C. to reveal the information you send to us.
This Website should not be interpreted as an offer by Sris Law Group P.C. or any of its attorneys to practice law in any jurisdiction in which the Firm or the attorneys are not properly authorized to do so. The listing of an area of practice by Sris Law Group P.C. or a Sris Law Group attorney, unless otherwise indicated in an individual attorney biography, does not indicate any certification, expertise, specialization, or special authority therein.
Any uses of the content of this Website, other than personal use, without prior written permission from Sris Law Group P.C., are prohibited.
PRIVACY POLICY
Sris Law Group P.C. respects the privacy of visitors to our Website. In general, you can visit our Website without telling us who you are or revealing any personal information about yourself. We track the Internet addresses of the domains from which people visit us and analyze these data for trends and statistics, but the individual users remains anonymous. Sris Law Group P.C. does not collect personally identifying information from site visitors without their permission and unless offered in the context of an existing or potential representation or other service. You may be asked to provide personally identifying information, such as your name and address, if, for example, you send us electronic mail or sign up to receive a free subscription to a Sris Law Group P.C. newsletter. We recognize and appreciate the importance of responsible use of such information, and will not use information provided by you except to respond to your direct inquiries. Sris Law Group P.C. does not share any of this information with third parties, except as may be required by law, and will take appropriate steps to protect the information you share with us from unauthorized access or disclosure.
DISCLAIMERS REQUIRED UNDER STATE LAW
This Website may be considered an advertisement for Sris Law Group P.C. in certain jurisdictions. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you written information about our qualifications and experience.
No attorney listed on this Website, unless otherwise indicated in an individual attorney biography, is certified as an “expert” or “specialist” pursuant to any authority governing the practice of law in Virginia , Maryland , Massachusetts , New York , California , or North Carolina .
California Business and Professional Code rules require a restatement that all results of cases portrayed on this Website were dependent on the facts of those cases, and “that the results will differ if based on different facts.”
New York rules require a statement that prior results cannot and do not guarantee or predict a similar outcome with respect to any future matter, including your case, in which the Sris Law Group P.C. or any of its attorneys may be retained.”
This web site may be considered “advertising” under Massachusetts Supreme Judicial Court Rules.
To the extent the State Bar rules requires us to designate a principal office and/or single attorney responsible for this site, Sris Law Group P.C. designates Atchuthan Sriskandarajah of the Fairfax Virginia Office as the responsible attorney.
Sris Law Group P.C. and its attorneys handle or welcome cases, but, unless otherwise indicated in an individual attorney biography, are not “specialists” in a specific service, field, or area of law
Sris Law Group P.C. reserves the right to change any portion of this Disclaimer at any time without advance notice. Please check this page periodically for changes. This Policy was last updated in January 2011.
This weblog is made available by the attorney publisher for educational purposes only as well as to give information, opinions and a general understanding of the law, not to provide specific legal advice. By using this weblog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case undertaken by our firm.
This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Maryland, New York, California, North Carolina, Massachusetts, & Virginia.
Maryland Driving Suspended License Lawyer Revoked License Attorneys
Maryland Driving On Suspended License/Revoked License Lawyer
Driving with a suspended license is a serious criminal traffic violation in Maryland. If you are charged with driving with a suspended license in Maryland, you should immediately consult with a SRIS, P.C. Loudon, Maryland driving on suspended license defense attorney.
In Maryland, it is against the law to drive when you driver’s license is suspended or revoked. Some of the acronyms for driving with a suspended license are DOS & DWS.
Driving when you don’t have a license is also against the law in Maryland. Especially if your right to apply for a license has been suspended or revoked.
A person who drives a motor vehicle in another state while their licenses is suspended or revoked in the state they originally obtained their license from may also be charged with a driving with a suspended or revoked license.
The SRIS Law Group, P.C. has an office in County, Maryland to better serve you.
If you wish to consult with a Maryland driving on suspended or revoked license lawyer in Maryland, please call us or contact us via our on line form.
If your license has been suspended in Maryland, then your right to drive is taken away for a period of time. An example of having your driver’s license suspended for one year in Maryland is if you have been convicted of driving while under the influence of intoxicants. Your suspension will end only after one year.
In Maryland, the law requires the Motor Vehicles Division to suspend or revoke a license for certain types of offenses such as a failure to pay fines or court costs. Also, the law authorizes judges in Maryland to suspend a license if it is related to a traffic offense conviction such as reckless driving in Maryland.
Your Maryland driver’s license can even be suspended for failure to obey a court order. An example of this is failing to pay fine ordered by the court or completing a program ordered by the court if it is driving related.
In Maryland, you are required to have car insurance and failure to provide the division of motor vehicles such proof can result in suspension of your license.
Law Firm of SRIS PC
SRIS PC has two law offices in Maryland.
In Maryland, our offices are in Rockville & Baltimore.
The Maryland traffic defense attorneys at SRIS, P.C. are very experienced at assisting clients who have been charged with a driving on suspended / revoked or no operator’s license. Please call us at 888-437-7747 or contact us via our on line form if you wish further assistance.
Also, our staff and traffic defense lawyers in Maryland speak the following languages in addition to English: Tamil, Arabic, Hindi, Telugu, Cantonese, Mandarin, Malaysian, Spanish & French.
Please click on attorneys to learn more about the Maryland traffic defense lawyers who assist clients with driving on suspended or revoked license charges in Maryland.
Our Maryland driving on suspended license defense attorneys assist clients before the following courts of Maryland:
Montgomery County, Prince Georges County, Baltimore County, Baltimore City, Anne Arundel County, Howard County, Harford County, Frederick County, Carroll County, Baltimore Federal Court, Greenbelt Federal Court, Eastern Shore.
8:00 AM – 12:00 AM Midnight
Maryland Lawyer
