Oliveri & Larsen https://www.oandl-law.com/ Tue, 05 Aug 2025 14:12:15 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 https://www.oandl-law.com/wp-content/uploads/2022/05/OliveriLarsen_Logo_CAPS-150x150.png Oliveri & Larsen https://www.oandl-law.com/ 32 32 Destruction of Property During an Annapolis Divorce https://www.oandl-law.com/destruction-of-property-during-annapolis-divorce/ Sat, 02 Aug 2025 19:16:27 +0000 https://www.oandl-law.com/?p=1589 Divorce often brings emotional tension and conflict, especially when it comes to dividing shared assets. Unfortunately, in some cases, these disputes escalate to the point where one spouse intentionally damages or destroys marital property. This behavior can carry serious legal consequences and may significantly impact the outcome of the divorce proceedings. Understanding how the destruction of property is addressed in divorce cases is crucial for protecting one’s rights and interests during this difficult time.

Understanding Marital Property

Before examining how the destruction of property affects a divorce, it is important to understand what constitutes marital property. In Maryland, marital property generally includes assets acquired by either spouse during the course of the marriage, regardless of whose name is on the title. This can include the family home, vehicles, furniture, bank accounts, and even certain retirement benefits.

Any property acquired before the marriage or through inheritance or gift (specifically designated to one spouse) is typically considered separate property. However, if separate property is commingled with marital assets, it may be subject to division.

When Emotions Turn into Property Damage

During the divorce process, emotions can run high. Anger, resentment, and feelings of betrayal may lead some individuals to act out by damaging or destroying property that belongs to their spouse or to the marital estate. Common examples of this behavior include:

  • Smashing electronics or appliances
  • Vandalizing vehicles
  • Destroying personal items such as clothing, jewelry, or photographs
  • Intentionally damaging the marital home

These actions are not only emotionally harmful but can also have financial and legal repercussions. Courts take these behaviors seriously, especially when they appear to be motivated by revenge or a desire to diminish the value of marital assets.

Legal Consequences of Destroying Property

Destruction of property during divorce is more than just a civil matter—it can also rise to the level of criminal behavior. Depending on the severity of the damage and the circumstances surrounding it, the offending party could face charges such as malicious destruction of property or vandalism. Even if criminal charges are not filed, the behavior can still influence the divorce settlement.

In divorce proceedings, judges have broad discretion to ensure a fair and equitable distribution of marital property. If one spouse has destroyed assets out of spite or in an attempt to gain an advantage, the court may penalize that behavior by adjusting the division of remaining assets. For example, the spouse responsible for the destruction may receive a smaller share of the marital property or may be required to reimburse the other spouse for the damaged items.

Proving Destruction of Property

When a spouse claims that property has been intentionally destroyed, documentation is key. Photos, videos, receipts, and witness statements can help establish the value of the destroyed items and the circumstances under which they were damaged. Police reports and insurance claims may also serve as valuable evidence in court.

Legal counsel can assist in gathering and presenting this evidence in a way that supports the client’s case. The court will consider not only the value of the destroyed property but also the intent behind the actions and the impact on the overall financial picture.

Preventing Property Destruction During Divorce

To minimize the risk of property being damaged during a divorce, it is wise to take proactive steps early in the process. These may include:

  • Creating a detailed inventory of marital property
  • Securing valuable or sentimental items
  • Avoiding unnecessary confrontations or escalating arguments
  • Seeking temporary court orders for property protection, if necessary

Annapolis Divorce Lawyers at Oliveri & Larsen Help You Protect Your Rights and Property During a Divorce

If you are going through a divorce and believe your spouse is intentionally destroying or damaging marital property, it is essential to act quickly. Speak with the Annapolis divorce lawyers at Oliveri & Larsen today. Contact us online or at 410-295-3000 to schedule your initial consultation with our experienced team. Located in Annapolis, Maryland, we proudly serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.

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Leading Causes of Divorce in Annapolis: What You Need to Know https://www.oandl-law.com/leading-causes-of-divorce-in-annapolis/ Fri, 25 Jul 2025 21:40:44 +0000 https://www.oandl-law.com/?p=1585 Divorce can be one of life’s most challenging experiences, especially when it involves complex emotions, legal issues, and the well-being of children. If you are considering divorce in Annapolis, understanding the most common reasons couples part ways can help you navigate your situation with greater clarity and prepare for the next steps.

At Oliveri & Larsen, our Annapolis family law attorneys have seen firsthand the issues that often lead to divorce. Here are some of the leading causes of divorce in Annapolis and the broader Maryland area:

1. Communication Breakdown

Poor communication is frequently cited as a primary reason couples separate. When spouses stop sharing their feelings, listening to one another, or resolving conflicts constructively, misunderstandings and resentment can build over time. Communication problems can create emotional distance and make reconciliation difficult.

2. Financial Stress

Money problems place enormous pressure on marriages. Whether due to job loss, debt, differing spending habits, or disputes over budgeting and financial priorities, financial stress can lead to tension and frequent arguments that strain the relationship.

3. Infidelity

Extramarital affairs deeply affect trust and intimacy. Infidelity can cause emotional pain that many couples find difficult to overcome, often resulting in separation or divorce. Even when couples attempt to rebuild trust, the process can be long and challenging.

4. Incompatibility and Growing Apart

Sometimes, couples simply grow in different directions. Changes in values, interests, or life goals may create a gap between spouses that feels irreparable. While not always dramatic, this gradual drifting apart can make staying together seem untenable.

5. Substance Abuse and Addiction

Alcohol or drug abuse can severely impact marital stability. Addiction can lead to erratic behavior, financial problems, and emotional trauma, often driving a wedge between spouses.

6. Domestic Abuse and Violence

Physical, emotional, or verbal abuse is a serious issue and a common cause of divorce. Victims of domestic violence need legal protection and support to safely exit abusive relationships.

7. Parenting and Family Issues

Disagreements over child-rearing, discipline, or the roles each parent plays can create conflict. Struggles over balancing work, family responsibilities, and childcare can further strain marriages.

Our Annapolis Divorce Lawyers at Oliveri & Larsen Can Help

Divorce laws in Maryland can be complex, and the emotional stakes are high. Our Annapolis divorce lawyers at Oliveri & Larsen provide compassionate, skilled guidance tailored to your unique situation. Call 410-295-3000 or contact us online. Located in Annapolis, Maryland, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.

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What Is Considered Abandonment in Divorce? https://www.oandl-law.com/what-is-considered-abandonment-in-divorce/ Sat, 19 Jul 2025 12:18:39 +0000 https://www.oandl-law.com/?p=1580 When a marriage begins to deteriorate, one spouse may leave the marital home and cut off all ties with the other. In some cases, this act may be classified as abandonment or desertion. Understanding what constitutes abandonment under Maryland law is important, as it can impact how property is divided, whether spousal support is awarded, and even decisions regarding child custody.

What Is Abandonment in a Marital Context?

In Maryland, abandonment—also referred to as desertion—occurs when one spouse willfully leaves the marital home without justification and with the intent to end the marriage. It goes beyond simply moving out. For a court to consider it abandonment, the separation must be voluntary, without the consent of the other spouse, and without a valid reason.

There are two types of abandonment under Maryland law:

  • Actual Abandonment: This occurs when one spouse physically leaves the marital home and refuses to return, showing no intention to continue the marital relationship.
  • Constructive Abandonment: In this case, one spouse is effectively forced to leave due to the other spouse’s misconduct, such as abuse, cruelty, or creating intolerable living conditions.

Intent and duration matter. For abandonment to be grounds for an at-fault divorce in Maryland, the abandonment typically must be continuous for at least 12 months. This rule applies to both actual and constructive desertion.

What Is Not Considered Abandonment?

Leaving the marital home is not automatically considered abandonment. There are several scenarios where separation does not meet the legal definition of desertion:

  • Mutual agreement: If both spouses agree to separate, neither can claim abandonment.
  • Justifiable departure: If one spouse leaves due to abuse, harassment, or other harmful behavior, it is not considered abandonment.
  • Temporary absence with continued support: If the spouse who leaves maintains financial support, communicates regularly, or expresses a desire to reconcile, courts may not view the separation as abandonment.

Intent plays a crucial role. A court will examine whether the departing spouse intended to end the marriage permanently and whether the remaining spouse consented or agreed to the separation.

How Can Abandonment Affect Divorce Outcomes in Maryland?

Abandonment can influence several aspects of divorce:

  • Property division: Maryland follows equitable distribution, meaning property is divided fairly, but not necessarily equally. If one spouse abandoned the other, the court may consider that factor when determining how to divide marital assets.
  • Spousal support (alimony): Abandonment may strengthen a claim for alimony, especially if the spouse left behind was financially dependent and left to cover all household and living expenses alone.
  • Child custody and visitation: If the abandoning spouse ceased communication or support for the children, their custody rights could be negatively affected. Maryland courts prioritize the best interests of the child and consider a parent’s level of involvement and responsibility.

Documenting the abandonment is critical. Records of communication, financial support, police reports (if applicable), and witness statements can all help establish the facts of the case.

Speak With an Annapolis Divorce Lawyer at Oliveri & Larsen

If you are experiencing a separation that may qualify as abandonment—or are being accused of desertion—we are here to help. An experienced Annapolis divorce lawyer at Oliveri & Larsen can explain your rights and help you understand the impact of abandonment on your divorce case. Call us today at 410-295-3000 or contact us online to schedule a consultation. Located in Annapolis, Maryland, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.

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Common Fair Housing Act Issues HOAs Should Understand https://www.oandl-law.com/common-fair-housing-act-issues-hoas-should-understand/ Sat, 12 Jul 2025 15:56:53 +0000 https://www.oandl-law.com/?p=1569 The Fair Housing Act (FHA), enacted in 1968, is a cornerstone of federal housing law that prohibits discrimination based on race, color, religion, sex, disability, familial status, or national origin. While this law is commonly discussed in the context of landlords and tenants, homeowners’ associations (HOAs) are also subject to its requirements.

For HOA boards and property managers, understanding and complying with the FHA is essential—not only to protect the rights of residents but also to avoid costly lawsuits and government investigations. Below, our Annapolis HOA lawyers at Oliveri & Larsen explain how FHA issues arise within HOAs and what boards should do to stay compliant.

How Does the Fair Housing Act Apply to HOAs?

Although HOAs are not landlords in the traditional sense, they still have significant control over housing-related decisions. This includes the ability to enforce community rules, approve or deny architectural changes, and handle complaints between neighbors. Because of this authority, HOA actions can fall under the scope of the FHA if they unintentionally or intentionally discriminate against protected classes.

Common FHA issues that can arise for HOAs include:

  • Failure to provide reasonable accommodations for residents with disabilities.
  • Overly restrictive rules that disproportionately impact families with children.
  • Discriminatory enforcement of rules based on race, religion, or national origin.
  • Architectural guidelines that deny accessibility improvements.
  • Selective approval processes for applications, variances, or modifications.

Examples of FHA Challenges for HOAs

Denying Reasonable Accommodations

Under the FHA, HOAs must accommodate residents with disabilities when reasonable. This can include allowing the installation of ramps, wheelchair-accessible pathways, or visual doorbells. A refusal to permit such changes—even to maintain aesthetic uniformity—may violate federal law.

Rules That Impact Families With Children

Age-neutral rules that limit occupancy or the use of common areas may be seen as discriminatory against families with children. For example, a policy stating that “children cannot play outside after 6 p.m.” may violate the FHA’s protections for familial status, even if the intent is noise control.

Inconsistent Rule Enforcement

If an HOA enforces community rules more strictly against certain residents based on race, religion, or national origin, it may be violating the FHA. Boards should ensure consistent and documented enforcement across all residents to avoid the appearance of bias.

Zoning and Land Use Conflicts

Although zoning is generally a municipal function, HOAs may adopt rules that parallel or expand local restrictions. However, if an HOA’s covenants or use restrictions disproportionately affect certain groups, this could lead to a fair housing investigation.

What Are the Consequences of FHA Violations?

FHA complaints can be filed with the U.S. Department of Housing and Urban Development (HUD) or in state or federal court. If HUD determines an HOA violated the law, consequences may include:

  • Civil penalties and damages
  • Mandatory training for board members
  • Injunctive relief to modify discriminatory policies
  • Legal fees and costs

Even unintentional discrimination, if proven, can result in significant liability. That’s why proactive legal guidance is crucial.

How Can HOAs Stay Compliant?

1. Conduct Regular Policy Reviews

HOAs should routinely review and update bylaws, community rules, and enforcement procedures to ensure compliance with FHA guidelines. Pay special attention to language that may unintentionally exclude or burden protected groups.

2. Offer Fair and Consistent Enforcement

Every rule or policy should be applied evenly across all residents. Selective enforcement is a red flag and can give rise to discrimination claims, even if there was no intent to discriminate.

3. Train Board Members and Managers

All board members and property managers should receive training on fair housing law, including how it applies to common HOA functions like reviewing modification requests, approving tenants, or managing complaints.

4. Maintain Records

Detailed documentation of resident requests, board decisions, and rule enforcement helps protect the HOA if a claim is made. Written records demonstrate consistency and transparency in operations.

5. Consult Legal Counsel

Before denying a modification request or implementing a new policy, consult with an experienced Annapolis HOA attorney. Many issues arise not from bad intent but from a lack of legal knowledge.

Why Legal Guidance Matters

Fair housing claims against HOAs can result in lengthy legal battles, negative publicity, and financial penalties. More importantly, they can erode trust within your community. By working with experienced legal counsel, HOA boards can ensure compliance while maintaining their governing authority.

Protect Your HOA With the Annapolis HOA Lawyers at Oliveri & Larsen

At Oliveri & Larsen, we help HOAs navigate the complexities of federal and state housing law. To schedule a consultation with an Annapolis HOA lawyer, call 410-295-3000 or contact us online. We serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.

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Domestic Violence and Divorce: What Are the Warning Signs? https://www.oandl-law.com/domestic-violence-and-divorce/ Sat, 05 Jul 2025 15:02:47 +0000 https://www.oandl-law.com/?p=1564 For many people in Maryland, deciding to end a marriage is a deeply personal and emotional decision. In some marriages, certain behavioral patterns may raise concerns that go beyond ordinary disagreements. Signs such as excessive control over finances, isolation from friends or family, or a persistent atmosphere of fear or tension in the household can point to a deeper issue. While these patterns may not always be obvious at first, they can have a serious impact on both your well-being and the divorce process.

At Oliveri & Larsen, our Annapolis divorce lawyers are committed to guiding clients through challenging family law matters with professionalism, confidentiality, and compassion. If your marriage has become emotionally or psychologically damaging, we are here to help you navigate the legal system safely and confidently.

The Legal Impact of Abuse or Coercive Behavior During Divorce

In Maryland, the court considers the full circumstances of a marriage when making decisions about child custody, alimony, property division, and other critical issues. If there is a history of controlling or abusive behavior, it can influence the outcome in several important ways.

Custody and Visitation

Maryland courts prioritize the best interests of the child in custody determinations. If one parent has demonstrated a pattern of harmful or unstable behavior, the court may place restrictions on that parent’s custody or visitation rights. This could include supervised visits or a limited parenting schedule, especially if the court believes that the child’s emotional or physical well-being is at risk.

Your attorney can present evidence to support a safe and stable custody arrangement, which may include testimony, documentation, or third-party observations.

Alimony and Financial Independence

If a spouse has been financially dependent due to the other party’s control over household income, that dynamic can factor into alimony decisions. For example, if you were discouraged from working or had limited access to joint finances, the court may award spousal support to help you maintain financial stability post-divorce.

A knowledgeable divorce lawyer can help gather the necessary documentation to demonstrate the need for support and ensure your financial future is protected.

Division of Property and Assets

Maryland follows the principle of equitable distribution, which means marital property is divided fairly, not always equally. If one spouse withheld financial information, controlled access to money, or made significant decisions without mutual agreement, these actions may be relevant during property division.

An attorney can work with financial professionals, such as forensic accountants, to trace assets, evaluate income, and ensure a complete and accurate picture of the marital estate.

Temporary Relief and Protective Orders

During the divorce process, it’s possible to request temporary court orders that address immediate concerns, such as who stays in the home, who has temporary custody of the children, or how bills are paid while the case is pending. In some cases, protective orders may also be appropriate to maintain safety and establish legal boundaries between the parties.

Your divorce lawyer can help you petition the court for these orders quickly and effectively, ensuring that your rights are protected from the outset.

How a Divorce Lawyer Can Help You Move Forward

Going through a divorce in a high-conflict or controlling relationship requires more than just filling out paperwork. You need legal guidance that accounts for your safety, your children’s well-being, and your long-term goals.

At Oliveri & Larsen, we take the time to understand your situation fully. Whether you need help securing fair custody arrangements, gaining financial independence, or protecting your personal safety, we are here to serve as both your legal advocate and your strategic advisor.

We know how emotionally taxing these situations can be, and we are committed to providing respectful, responsive, and results-driven representation at every stage of the process.

Talk to an Annapolis Divorce Lawyer at Oliveri & Larsen Today

If you are considering divorce and need legal guidance in a challenging situation, the Annapolis divorce lawyers at Oliveri & Larsen are here to help. Call us at 410-295-3000 or contact us online for a consultation. Located in Annapolis, Maryland, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.

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How to Get Custody of My Child if My Ex-Spouse Moves to Another Country https://www.oandl-law.com/international-child-custody-cases/ Sat, 28 Jun 2025 15:37:22 +0000 https://www.oandl-law.com/?p=1561 Child custody cases already involve emotional turmoil, financial burden, and strained relationships, but when your ex-spouse decides to move abroad and intends to take your child, the legal and logistical challenges can become overwhelming. Fortunately, there are legal frameworks and strategies that may help you protect your parental rights and your child’s well-being.

What Legal Framework Governs International Child Custody Cases?

International child custody disputes are typically governed by the Hague Convention on the Civil Aspects of International Child Abduction. This treaty aims to prevent the wrongful removal or retention of children across international borders. The United States and about 100 other countries are parties to this Convention.

If your ex-spouse is moving to a Hague Convention country, you may be able to initiate a process to have your child returned to the U.S. under the treaty’s procedures. However, if the country is not a signatory, your options will be more limited and may involve complex litigation in both the U.S. and the foreign jurisdiction.

What Should I Do If My Child Is Taken to a Hague Convention Country?

If the country where your child was taken is a member of the Hague Convention, you can request the child’s return to the United States based on the claim of wrongful removal or retention. The following steps are typically involved:

  • Contact the U.S. State Department’s Office of Children’s Issues, which assists in processing Hague applications and provides guidance.
  • File a Hague application with the appropriate Central Authority (often through the U.S. State Department).
  • Provide documentation of your custody rights (such as court orders).
  • Prove that the child’s habitual residence was the United States prior to the removal.
  • Demonstrate that you were exercising custody rights at the time of the removal or retention.

The Hague Convention does not determine custody but instead seeks to return the child to their country of habitual residence so local courts can decide custody matters.

What If the Country Is Not Part of the Hague Convention?

If your ex-spouse relocates your child to a non-Hague country, the process becomes far more difficult. In such cases, you may need to:

  • Hire legal counsel in the United States and potentially in a foreign country.
  • Pursue diplomatic channels through the U.S. State Department to attempt resolution.
  • Explore mediation or negotiation with international family law professionals.
  • Prepare for lengthy legal proceedings, often with limited enforceability depending on the foreign country’s legal system.

Without the Hague Convention framework, the ability to secure the return of your child may depend entirely on the laws and court decisions in the destination country.

Can I Stop My Ex-Spouse from Relocating My Child Internationally?

In Maryland and other states, courts use the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to establish jurisdiction in child custody cases. If there is a current custody order in place and you share legal custody, your ex typically cannot relocate with the child internationally without the court’s permission.

To stop or challenge an international relocation, you must show that the move would negatively impact your child’s stability and well-being. Courts will assess whether the move is in the child’s best interest, considering:

  • Your consistent involvement in your child’s life.
  • The child’s ties to community, school, and healthcare providers.
  • The emotional, educational, and social consequences of the move.

If your ex leaves the country without legal authorization, it may be considered parental kidnapping, which has both civil and criminal implications.

What Evidence Helps Me Keep My Child in the United States?

You can strengthen your position in court by presenting compelling evidence that staying in the U.S. supports your child’s best interests. This may include:

  • School and medical records, showing continuity of care and education.
  • Proof of your active parental role, including participation in daily routines, events, and activities.
  • Witness testimony from teachers, therapists, or relatives.
  • Copies of existing custody orders or agreements.
  • Documentation of how the relocation would disrupt your child’s development and emotional health.

Maryland family courts typically give considerable weight to factors that support stability, routine, and strong parental relationships.

What Are My Options if My Child Moves Abroad?

If international relocation cannot be prevented—or if it’s already happened—there are still custody and visitation solutions to maintain a meaningful relationship with your child. Depending on your circumstances and the laws of the destination country, you may be able to pursue:

  • Extended summer and holiday visitation.
  • Virtual visitation (e.g., weekly video calls or messaging apps).
  • Alternating academic years in each country, where practical.
  • Neutral third-country visitation or scheduled travel arrangements.

Working closely with a family law attorney who has international custody experience is critical to tailoring an arrangement that’s enforceable, financially manageable, and aligned with your child’s needs.

Navigate Your Child’s Future With Help From the Annapolis Child Custody Lawyers at Oliveri & Larsen

The experienced Annapolis child custody lawyers at Oliveri & Larsen understand the complex interplay between domestic and international law and how each jurisdiction affects custody disputes. Call us today at 410-295-3000 or contact us online for an initial consultation. Our Annapolis, Maryland office location proudly serves clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.

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What Are the Types of Alimony in Maryland? https://www.oandl-law.com/the-types-of-alimony-in-maryland/ Sat, 14 Jun 2025 14:46:57 +0000 https://www.oandl-law.com/?p=1551 In Maryland, alimony (also known as spousal support) is not automatic. Instead, it is awarded based on the unique facts and circumstances of each case. The primary goal of alimony is to provide financial support to a spouse who may be unable to meet their needs after a divorce, particularly when there is a significant difference in income or earning potential between the spouses. While Maryland courts do not guarantee equal standards of living after divorce, they do strive to prevent severe economic disparity.

Below are the three types of alimony recognized under Maryland law.

Indefinite Alimony

Indefinite alimony is awarded when a court determines that long-term support is necessary. This typically occurs in two specific situations:

  • One spouse cannot reasonably be expected to become self-supporting due to age, illness, or disability.
  • Even if the receiving spouse becomes self-supporting, the standard of living between the two parties would be unconscionably disparate.

Unlike other forms of alimony, indefinite alimony does not have a scheduled end date. However, it may be modified or terminated later if there is a substantial change in circumstances. Courts generally reserve indefinite alimony for exceptional cases—it’s relatively rare and not the default solution in most divorces.

Rehabilitative Alimony

Rehabilitative alimony is the most commonly awarded type of spousal support in Maryland. It is intended to provide financial assistance for a limited period while the recipient spouse works toward becoming self-sufficient. This might include completing an educational program, gaining new job skills, or re-entering the workforce after a long absence.

The court sets a specific duration for rehabilitative alimony based on how long it reasonably takes for the recipient to improve their earning capacity. Once that time expires, the obligation ends unless modified by a court due to a change in circumstances.

Alimony Pendente Lite

Alimony pendente lite, which translates to “pending the litigation,” refers to temporary alimony awarded while the divorce case is still in progress. Its purpose is to maintain the status quo and ensure that both parties can manage living expenses during the divorce proceedings.

This form of support does not require a final determination of financial need or fault. It begins after one spouse files for divorce and typically ends when a final divorce order is issued. At that time, the court may either terminate the alimony or replace it with rehabilitative or indefinite support, depending on the circumstances.

How Do Maryland Courts Decide Whether to Award Alimony?

Unlike in some other states, Maryland does not use a strict formula to calculate alimony. Instead, the court considers a number of statutory factors under Md. Code, Family Law § 11-106, including:

  • The length of the marriage.
  • Each spouse’s age, health, and ability to be self-supporting.
  • The standard of living during the marriage.
  • Each party’s financial needs and resources.
  • The circumstances that contributed to the breakup of the marriage.
  • The contributions (monetary and non-monetary) made by each spouse to the well-being of the family.

If both spouses are able to come to an agreement about alimony, the court will usually honor that arrangement. If they cannot agree, the judge will decide whether alimony is appropriate and what the amount and duration should be.

Contact the Annapolis Alimony Lawyers at Oliveri & Larsen

If you are going through a divorce and have questions about alimony or other financial matters, the experienced Annapolis alimony lawyers at Oliveri & Larsen are here to help. We understand how Maryland courts evaluate spousal support and can advocate for a fair outcome based on your unique circumstances. Call 410-295-3000 or contact us online to schedule an initial consultation. From our office in Annapolis, we serve clients throughout Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.

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What Is Resident Agent Representation? https://www.oandl-law.com/resident-agent-representation/ Sat, 07 Jun 2025 16:47:28 +0000 https://www.oandl-law.com/?p=1546 There are many things that you need to be aware of when you are forming a Limited Liability Company (LLC). Your business would need a registered agent, and it makes sense to hire a business lawyer to act in this role. Having a lawyer as your registered agent can help your business operate seamlessly and manage your own risks.

Your LLC Needs a Registered Agent to Do Business

There are reasons why your business may be structured as a limited liability company. Here, your total liability would be limited to the amount of assets that are in the LLC. When you are incorporating an LLC, you would be faced with a choice of which state you want to locate your business in. You may choose a state that is different from the one in which you live to incorporate your LLC. However, your LLC needs to have a physical presence in the state.

There may be reasons why someone else may need to be able to find you physically. For example, you may be served with court papers if your LLC is being sued. You may need to receive mail from the government about tax issues.

These communications must be delivered to your business where it is located, even if you are not physically present. You need an actual representative to be allowed to do business in the state where you are registered as an LLC.

If you are not located in the area, you would need a registered agent to represent you. Having a registered agent is a prerequisite for being allowed to conduct business in the state. If your LLC does not have a registered agent, it would not be in good standing. Then, you would not be allowed to do business in the state, and your bank accounts may even be closed. You would lose the protection that an LLC offers you, as well as any tax benefits.

Why You Want a Business Lawyer as a Registered Agent

When you are hiring someone to serve as a registered agent, you should consider retaining a lawyer to perform this role. There are numerous benefits to having a lawyer serve in the role of a registered agent, including:

  • A lawyer can give you legal advice about the documents you receive.
  • Your lawyer can help you act if those documents require you to take legal action.
  • A lawyer is bound by confidentiality, and they will handle the matter professionally.
  • A lawyer can help you be proactive in dealing with any situations that emerge.
  • A lawyer has a physical office and address, and it is easy for them to be reached.

There are businesses that offer registered agent services. However, these businesses cannot provide you with the same level of service that a lawyer can.

They may simply be in a role where they receive information and notifications and then let you know. While you may be spending the same amount of money, you are not getting as much for it.

Regardless, your LLC should have a lawyer on retainer to help you with any legal issues. It makes sense to have the same person designated as your resident agent, both because it is in the best interest of your business and for purposes of convenience. Your lawyer’s experience and knowledge could help you avoid litigation entirely. If you are facing a lawsuit, your lawyer could provide you with legal representation.

Contact an Annapolis Business Lawyer at Oliveri & Larsen Today Regarding Your Business Needs

An Annapolis business lawyer at Oliveri & Larsen can handle your corporate needs, working in partnership with you. We can help you establish your company and help with issues that may arise as you get your business off the ground. You can schedule an initial consultation by calling us at 410-295-3000 or by contacting us online. Our office is located in Annapolis, Maryland, and we proudly serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.

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Divorce and Mental Illness: What You Need to Know in Maryland https://www.oandl-law.com/divorce-and-mental-illness-need-to-know/ Sat, 31 May 2025 15:29:32 +0000 https://www.oandl-law.com/?p=1539 Whether handled amicably or through litigation, divorce requires separating two lives that have been deeply intertwined. The process becomes even more complex when one spouse has been diagnosed with a mental illness. In these situations, unique legal and practical considerations often arise.

What Is Considered a Mental Illness?

The American Psychiatric Association (APA) defines mental illnesses as health conditions that affect thinking, emotion, behavior, or a combination of these. These disorders can impair daily functioning, relationships, and the ability to cope with stress or adversity.

Examples include anxiety disorders, depression, bipolar disorder, obsessive-compulsive disorder (OCD), eating disorders, post-traumatic stress disorder (PTSD), personality disorders, and psychotic disorders such as schizophrenia. Symptoms may develop gradually or appear suddenly, and severity can range from mild to disabling.

How Can Mental Illness Affect Divorce?

A spouse’s mental health condition can influence certain aspects of the divorce process, particularly in terms of child custody, asset division, and personal safety. The extent of the impact usually depends on how the illness affects the individual’s ability to function and maintain healthy relationships.

In cases where mental illness leads to erratic behavior, emotional abuse, or physical threats, the other spouse may need to seek protective orders or alternative living arrangements during the divorce process. If there are children involved, concerns for their well-being may lead a court to impose temporary custody restrictions until a full evaluation is completed.

How Does Mental Illness Affect Custody in Maryland?

In Maryland, custody decisions are always made based on the best interests of the child. A mental illness alone does not disqualify a parent from custody. However, if the illness significantly interferes with a parent’s ability to provide a safe and stable environment, the court may limit that parent’s custody rights or require supervised visitation.

Judges often rely on expert evaluations and may appoint a guardian ad litem to represent the child’s interests. The focus is on how the condition affects the parent’s behavior and capacity to care for the child, not just the presence of a diagnosis.

Can Mental Illness Affect the Division of Assets?

Maryland follows the principle of equitable distribution, meaning property and debts are divided fairly, though not always equally. If one spouse has mental health-related expenses or is unable to work due to their condition, the court may consider these factors when dividing marital assets.

For example, if one party incurred medical debt for treatment during the marriage, or will require ongoing care after the divorce, the court may award a larger share of marital property or order spousal support (alimony) to help cover those needs. Health insurance continuation and the ability to maintain a standard of living similar to that during the marriage may also be part of the court’s analysis.

Is Mental Illness Grounds for Divorce in Maryland?

As of October 1, 2023, Maryland reformed its divorce laws to eliminate most at-fault grounds. Now, couples may file for no-fault divorce based on either:

  • A six-month separation, or
  • Irreconcilable differences, where the marriage is considered irretrievably broken.

However, Maryland law still permits divorce on the basis of permanent insanity, although this is rarely used. To qualify:

  • The spouse must have been confined to a mental health institution for at least three years before the divorce is filed, and
  • Two physicians must testify that the condition is incurable and that recovery is unlikely.

Can a Parent Lose Custody Due to Mental Illness?

Yes, but only in extreme circumstances. Courts will only permanently revoke custody or visitation if there is clear evidence that a parent’s mental illness presents a serious risk to the child’s health, safety, or emotional well-being. In most cases, the court will look for ways to support the parent-child relationship while ensuring the child is protected.

If necessary, supervised visitation or mental health treatment compliance may be ordered. Judges may also revisit custody arrangements if a parent’s condition improves or worsens over time.

Get Support and Guidance from Experienced Annapolis Divorce Lawyers at Oliveri & Larsen

Navigating a divorce when mental illness is involved requires sensitivity and a strong understanding of Maryland family law. If you are dealing with these complex issues, the Annapolis divorce lawyers at Oliveri & Larsen are here to help. Call 410-295-3000 or contact us online to schedule a confidential consultation. Located in Annapolis, we serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.

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Can Adultery Affect My Divorce Outcome? https://www.oandl-law.com/adultery-affect-divorce-outcome/ Fri, 23 May 2025 19:20:55 +0000 https://www.oandl-law.com/?p=1533 Maryland law defines adultery as voluntary sexual intercourse between a married person and someone other than their spouse and recognizes it as legal grounds for an “absolute divorce,” meaning you do not have to wait for a separation period before filing. However, you will need to prove that the adultery occurred. If you need legal guidance navigating this process and walking through the possible outcomes, let our Annapolis divorce lawyers at Oliveri & Larsen help.

How Can You Prove Adultery in Your Divorce Case?

You will need more than suspicions or accusations, however credible, to prove adultery for your divorce case. You generally need to establish that your spouse had both the opportunity and the disposition to cheat.

Depending on your case’s specifics, you may need witness testimony, photographs or videos, texts, emails, social media DMs, and financial records showing gifts, hotel stays, or other expenses related to the affair.

Furthermore, you need to obtain this evidence legally. If you hack your spouse’s email accounts, install tracking software or devices on their person without consent, or use other invasive methods, you could get your evidence thrown out and get into legal trouble on your own.

Will Adultery Automatically Impact Your Property Division?

While adultery may serve as grounds for divorce, it may not automatically impact your property division. Maryland follows an “equitable distribution” approach to dividing marital property, which means the court will try to divide your marital assets fairly, but not necessarily equally.

Courts consider factors such as the length of the marriage, economic circumstances of each spouse, contributions to the marriage (both financial and non-financial), and circumstances leading to divorce when finalizing any property division arrangement.

If your spouse’s decision to cheat financially harmed your marriage, for instance, if a spouse spent significant marital assets on their extramarital affair, the court may take that monetary burden into consideration. However, your emotional harm alone will generally not impact the division of property.

Will Adultery Affect Your Child Custody Decisions?

As with property division, adultery alone does not automatically disqualify a parent from custody. Maryland courts make custody decisions based primarily on the best interests of the child, not on whether a spouse should face punishment for marital misconduct. However, if the extramarital relationship exposed the children to inappropriate situations or demonstrated particularly poor parental judgment on the part of the unfaithful spouse, or if the new relationship includes individuals who pose a risk to the children’s well-being, these factors may sway a court’s child custody determinations.

How Might Adultery Affect Your Alimony Determinations?

In contrast, adultery can directly impact any alimony discussion. Maryland courts may adjust a spouse’s support payment amount based on one party’s or the other’s decision to cheat during the marriage. Infidelity can also sway the timeline of the payments, or even whether a spouse needs to pay alimony at all.

Find Legal Guidance From the Annapolis Divorce Lawyers at Oliveri & Larsen

If your spouse cheats on you and forces you to consider divorce, bear in mind the enormous emotional and financial strain that the process may require. You need seasoned legal guidance to get you through the process. Trust the Annapolis divorce lawyers at Oliveri & Larsen to provide you with compassionate, yet strategic representation. We approach each case with a focus on practical solutions that protect your interests while minimizing conflict whenever possible. Call our Annapolis, Maryland office at 410-295-3000 or contact us online to schedule an initial consultation. We proudly serve clients in Ocean City, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Harford County, Howard County, Queen Anne’s County, St. Mary’s County, Worcester County, Kent County, and the upper and lower Eastern Shores of Maryland.

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