MAP (MATRIMONY, ALIMONY, PALIMONY): MARYLAND DIVORCE ATTORNEYS, www.CharlesJeromeWare.com

The national law offices of Charles Jerome Ware, P.A., Attorneys and Counsellors, are headquartered in Columbia, Howard County, Maryland.  The firm specializes in family law matters in Maryland, among other legal matters.  Contact us at www.CharlesJeromeWare.com, (410) 730-5016, (410) 720-6129.

MATRIMONY:  As a public policy, Maryland strongly endorses the condition of being married for couples, regardless of gender.

ALIMONY:  In Maryland alimony is considered a reasonable right; not a favor, nor punishment.

PALIMONY:  Palimony is not recognized in Maryland.  However, Maryland courts will recognize and enforce written agreements (and, in many instances, even oral or implied agreements.

Suggestion:  a written agreement stating that both parties will remain financially independent is the best defense against an allegation of palimony (in any jurisdiction).

Divorce in Maryland is unknown in common law, and is thus entirely a creature of statute.

Prior to the enactment of Chapter 263 of the Maryland Acts of 1841, there was no general divorce law in Maryland.  Divorce in specific cases was exclusively a legislative function.

Generally, divorce in Maryland is defined as the ending of a marriage ordered by a court (and specifically, a circuit court).

Because marriage is considered a civil contract between the parties under Maryland law, the complete dissolution of marriage is a divorce. In Maryland, there are two types of divorce: absolute and limited. Limited divorce is sometimes referred to as a legal separation.

1.  Absolute Divorce (Divorce a vincula matrimonii).

An absolute divorce actually dissolves the marriage. Once a decree of absolute divorce is entered, the parties are free to remarry. After an absolute divorce, one party can no longer inherit property from the other, any property owned by them jointly as husband and wife automatically becomes property held in common (each owns one-half) [Family Law Code Ann.§7-103].

[Bender v. Bender, 282 Md. 525 (1978); Altman v. Altman, 282 Md. 483 (1978); Thomas v. Thomas, 294 Md. 605 (1982); Maryland family Law, by John F. Fader, II and Richard J. Gilbert, Michie Law Publishers (1990); www.peoples-law.org/overview-of-divorce-in-maryland]

In addition, the decree may provide for:

            (i)      Sole or joint custody of the children;

(ii)     The terms for payment of alimony and child support, and the disposition of personal property;

(iii)    An equitable distribution of all the parties’ assets, including ordering the sale of jointly held property and the dividing the proceeds

Finally, a spouse may ask the court to include an order in the divorce decree which will allow the spouse (almost always the wife) to resume his or her birth name. These requests are almost always granted.

2. Limited Divorce (Divorce a mesna et thoro).

A limited divorce is a legal action where a couple’s separation is supervised by the court. It is generally designated for individuals who do not have grounds for absolute divorce, need financial relief and are unable to settle their differences privately.  When the court orders a limited divorce, it means that the divorce is not permanent.  Some people call this legal separation [Family Law Code Ann.§7-103]. 

Under a limited divorce, remarriage is not permitted. Limited divorce does not terminate property claims although the limited divorce may settle these claims.  A limited divorce makes temporary decisions about custody, child support, alimony, use and possession of  property.  It also documents the date of separation. 

You are not required to get a limited divorce before you can get an absolute divorce. Md. Code, Family Law § 7-103 allows a decree of divorce whether there has been a previous order of limited divorce or not.

In order to obtain a limited divorce in Maryland, you must meet residency requirements, grounds, and other legally prescribed laws just as you would in a case for absolute divorce.  Maryland courts may grant a limited divorce even if you are seeking an absolute divorce.  The courts may also decree these divorces permanently or for a limited time only.  In addition, Maryland’s limited divorces may be revoked by the courts at any time the parties jointly apply to be discharged.  In such cases, the parties would return to the state of being legally married.

A limited divorce is generally  used by people who:

• do not yet have grounds for absolute divorce;
• need financial relief and
• are unable to settle their differences privately.  

During a limited divorce, the parties live apart.  However, they remain legally married. Although the parties are still married, neither has the right to have sexual relations with the other spouse. In addition, neither spouse may remarry, and sexual relations with another person during a limited divorce is considered adultery.

The court determines which party is at fault, if either, is at fault. The court may grant support to one spouse based on need.  The limited divorce can also resolve questions of

(i)       child custody;

(ii)     child support;

(iii)    health insurance coverage and

(iv)   division of personal and real property.

If spousal support is not required, and there is no property to divide, there is generally no need for a limited divorce.

If one spouse dies after a limited divorce the other spouse may still inherit property. Also the form of ownership for any property you own as husband and wife (for example, a house owned as tenants by the entireties) will stay the same.

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www.CharlesJeromeWare.com ("We fight.  You win.")

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, CNN, MSNBC, CBS, ABC, NBC, FOX-TV NEWS, WHUR, WHUT, MPT, BBC, The Wall Street Journal, ABA Journal, et al.]

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MEJORES ABOGADOS EN MARYLAND, 2013; CHARLES JEROME WARE, P. A., Attorneys & Counsellors, www.charlesjeromeware.com, (410) 730-5016, (410) 720-6129.

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COLUMBIA, HOWARD COUNTY DNA UPDATE: www.CharlesJeromeWare.com, CRIMINAL DEFENSE

www.CharlesJeromeWare.com ("We fight.  You win.")

 Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, CNN, MSNBC, CBS, ABC, NBC, FOX-TV NEWS, WHUR, WHUT, MPT, BBC, The Wall Street Journal, ABA Journal, et al.]

August 2, 2013.

At February’s oral argument in Maryland v. King, about whether the police may take samples of DNA from people arrested for certain crimes, Justice Samuel A. Alito Jr. said it was “perhaps the most important criminal procedure case this court has heard in decades.” He suggested that such DNA swabs were “the fingerprinting of the 21st century.”

The Supreme Court’s decision in the case, issued in June, pretty much lived up to that billing. Justice Anthony M. Kennedy wrote for a 5-4 court that in an arrest for a serious offense backed by probable cause, “taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.”

Kennedy’s opinion, joined by Alito as well as Chief Justice John G. Roberts Jr. and Justices Clarence Thomas and Stephen G. Breyer, was bad news for Alonzo Jay King Jr., a Maryland man arrested in 2009 on assault charges. King’s DNA sample was taken during booking under a 2008 state law that expanded mandatory sampling to include those arrested for certain serious offenses. The DNA swab linked King to a 2003 rape of a Salisbury, Md., woman; a sample of the perpetrator’s DNA had been entered into a database. King was convicted.

Justice Antonin Scalia wrote a vigorous dissent criticizing the majority for its assertion that the police take DNA samples primarily to identify those in custody, not to solve crimes. That assertion “taxes the credulity of the credulous,” Scalia said in a dissent joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. The decision will have the “beneficial effect” of helping to solve cold cases, he wrote, but so would taking DNA samples from a much broader swath of the population, including “anyone who flies on an airplane, … applies for a driver’s license or attends a public school.”

The King decision drew equally sharp responses among legal observers.

COLUMBIA, HO. CO. PERSONAL INJURY CASES

MARYLAND CONTRIBUTORY NEGLIGENCE LAW: JAMES COLEMAN v. SOCCER ASSO. OF COLUMBIA, Md. Ct. of Appeals, No. 9, Sept. Term (Jul 9, 2013)

www.CharlesJeromeWare.com ("We fight.  You win.")

 Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, CNN, MSNBC, CBS, ABC, NBC, FOX-TV NEWS, WHUR, WHUT, MPT, BBC, The Wall Street Journal, ABA Journal, et al.]

On Tuesday, July 9th, 2013, Maryland's highest court, the Court of Appeals, upheld a law that states people cannot recover damages from injuries suffered in a negligence case if they are found to be partly at fault.

The case is JAMES COLEMAN v. SOCCER ASSOCIATION OF COLUMBIA, Case No. 9, Md. Ct. Appeals, July 9, 2013:

Filed: July 9, 2013
Opinion by Judge John C. Eldridge

Held: The defense of contributory negligence remains the law in Maryland. While the Court has the authority to change the rule, it declines to do so out of deference to the legislature.

Facts: The plaintiff was coaching soccer for the defendant soccer association. While standing in front of a soccer goal, the plaintiff jumped up and grabbed onto the front crossbar. The goal was not anchored to the ground. The plaintiff fell backward, drawing the weight of the crossbar onto his face. He was severely injured.The plaintiff sued the defendant. At trial, the defendant argued that the condition of the goal was open and obvious and that the accident was caused by the plaintiff's own negligence.

The jury returned a verdict finding that the defendant was negligent and the plaintiff was negligent also. On the basis of the doctrine of contributory negligence, the trial court entered judgment in favor of the defendant. The plaintiff appealed and challenged the viability of the contributory negligence defense as a legal doctrine in Maryland.

Analysis: The opinion contains an analysis of the history and policy behind the defense of contributory negligence. It also contains an analysis of the Court's authority to abrogate the common law, concluding that the Court could change the common law rule of its own accord. The Court notes, however, that since the rule was last affirmed by the Court in Harrison v. Montgomery County Bd. of Educ., 295 Md. 442, 444, 456 A.2d 894 (1983), the Maryland General Assembly has continually considered and failed to pass bills that would abolish or modify the rule. The failure of so many bills "is a clear indication of the legislative policy at the present time." The Court concludes that where the General Assembly has endorsed a public policy, the "Court will decline to enter the public policy debate, even when it is the common law that is at issue and the Court certainly has the authority to change the common law." On that basis, the Court affirmed the trial court.

Dissent: Judge Harrell, joined by Chief Judge Bell, wrote a dissenting opinion that concurs that the Court has the authority to abrogate the common law. It goes further and states that the Court need not defer to continued legislative inaction. It points out that, since 2003, the General Assembly has considered the adoption of comparative negligence only one time. In that context, legislative inaction need not be taken as endorsement of a public policy favoring contributory negligence. Ultimately, the dissent argues that the Court should adopt "pure comparative fault" as the controlling standard, whereby damages are apportioned among the parties according the percentage that each party's negligence contributed to the injury.

 

[judicialview.com/State-Case/Maryland/Civil Procedure/Coleman v. Soccer Association of Columbia/July 9, 2013; Marylandbusinesslawdevelopments.blogspot.com/07-2013/Coleman v. Soccer Association of Columbia; www.wbaltv.com/news/maryland/high-court-upholds-contributory-negligence-law]

 

www.CharlesJeromeWare.com

The national medical malpractice, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of automobile death, criminal defense, personal injury, medical malpractice, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier Civil litigation and Criminal Defense firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."

DUI/DWI UPDATE: COL., HO. CO., MD DEFENSE, www.CharlesJeromeWare.com ("We fight. You win.")

CHARLES JEROME WARE, P.A., Attorneys & Counsellors (410-720-6129).
http://duidrivinglaws.org/Maryland.php
http://www.mva.maryland.gov/resources/DL-002A
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Maryland Drunk Driving Fines & Penalties

How much do you have to drink (BAC*) for a DUI in Maryland?

Under 21	.02%
21 or older	.08%
Commercial	.04%

** BAC = blood alcohol content

What if you refuse to take a chemical test in Maryland?

Maryland has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension.

	1st Offense	2d Offense	3rd Offense
Refusal to take test	120 day license suspension	1 year license suspension	1 year license suspension

What is the minimum jail time?

	1st Offense	2d Offense	3rd Offense
Minimum Jail	No minimum jail term required	5 days jail	10 days jail

Lookback Period: 5 years (Period of time that prior DUIs are relevant for sentencing

Can you plead to a lesser offense than DUI in Maryland?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in your state, but it's possible a lawyer may be able to create a plea bargain for you.
First Maryland DUI / DWI

I. 1st Drunk Driving Conviction

First DUI

• Jail – Up to 1 Year
• Jail – Up to 2 Years (If Transporting Minor)
• License Suspension – 6 Months Minimum
• Fine - Up to $1,000
• Fine - Up to $2,000 (If Transporting Minor)

First DWI

• Jail – Up to 2 Months
• Jail – Up to 6 Months (If Transporting Minor)
• License Suspension – 6 Months Minimum
• Fine - Up to $500
• Fine - Up to $1,000 (If Transporting Minor)

More Information: First Offense DUI/DWI in Maryland

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

II. Second Maryland DUI / DWI

2nd Drunk Driving Conviction

Second DUI

• Jail – Up to 2 Years
• Jail – Up to 3 Years (If Transporting Minor)
• License Suspension – 1 Year (If Within 5 Years of Previous)
• Ignition Interlock Program Possible (After 45 Days of Suspension)
• Fine - Up to $2,000
• Fine - Up to $3,000 (If Transporting Minor)

Second DWI

• Jail – Up to 1 Year
• License Suspension – 1 Year Minimum
• Fine - Up to $500
• Fine - Up to $2,000 (If Transporting Minor)

More Information: Second Offense DUI/DWI in Maryland

III. Third Maryland DUI

3rd (and future) Drunk Driving Conviction

• Jail – Up to 3 Years
• Jail – Up to 4 Years (If Transporting Minor)
• License Suspension – 18 Months Minimum
• Fine - Up to $3,000
• Fine - Up to $4,000 (If Transporting Minor)

More Information: Third Offense DUI/DWI in Maryland

Penalty Distinction Between a DWI or DUI in Maryland

The State of Maryland distinguishes between "Driving While Impaired" (DWI) and "Driving Under the Influence" (DUI). You will receive a DWI if your BAC is .07 percent and you will receive a DUI if your alcohol is .08 percent or above. The penalties are similar, however the DUI offense carries a harsher punishment.

Drinking and Driving Laws in Maryland

Maryland Drunk Driving and Wet Reckless Laws - Nolo.com

The State of Maryland prohibits driving under the influence of alcohol when your blood alcohol concentration (BAC) is .08 percent or above. The .08 limit is a standard measurement used across the United States for the "impaired" adult driver. The State of Maryland has a zero tolerance for alcohol for drivers under the age of 21. If a driver under the age of 21 is found to have a .02 percent BAC or above their license could be suspended or revoked. Commercial drivers also face a lower BAC limit of .04 percent.

How many drinks does it take to reach the legal limit in Maryland?

It is difficult to guess how many drinks it will take to reach the .08 BAC limit. Each person has unique physical characteristics that factor into the BAC equation. Attributes such as weight, sex, number of drinks consumed over a given time, if you have eaten, all play into the BAC formula. You may want to try our BAC Calculator , however I wouldn't let any results encourage you to drink and drive.

The best answer is not to drink and drive . The State of Maryland has strict laws for drunk driving, and when you drink and drive in Maryland, you risk your freedom, finances and your future.

The first time you are convicted of a DUI in the State of Maryland you will face up to 1 year in jail and up to a $1,000 fine. If you were transporting a minor when you were arrested you could be sentenced up to 2 years in jail a pay up to a $2,000 fine. Your drivers license will also be suspended for a minimum of 45 days. Your first DWI conviction will cost you up to 2 months in jail and a $500 fine. In addition, your drivers license could be suspended 60 days.

The second time you are convicted of a DUI, you could be sentenced up to 2 years in jail and fined up to $2,000. If you were transporting a minor when you were arrested you could be sentenced up to 3 years in jail a pay up to a $3,000 fine. Your drivers license will also be suspended for a minimum of 1 year. For your second DWI, you will be fined up to $500 and/or 1 year in jail plus a minimum of 60 day suspension of your drivers license.

The 3rd time you receive a DUI in the State of Maryland you will face up to 3 years imprisonment. Your fine will be up to $3,000 and if you were transporting a minor at the time of your arrest you could face up to 4 years in prison and up to a $4,000 fine. Your drivers license will be suspended for a minimum of 18 months. For your third DWI, you will be fined up to $500 and/or 1 year in jail plus a minimum of 60 day suspension of your drivers license.

Drunk Driving Laws in Maryland

State of Maryland BAC Laws:

• All drivers with a BAC of .08 or higher. (DUI)
• All drivers with a BAC of .07 (DWI)
• Under 21 with a BAC of .02 or higher.
• Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in Maryland

The implied consent law in Maryland means that as a driver in the State of Maryland you agree to submit to a chemical test of your blood, breath or urine if a peace officer has reasonable cause to believe you are under the influence of Alcohol or Drugs. If you refuse to submit to such a test your drivers license could be suspended for 120 days for the first refusal, and an automatic 1 year suspension for your second refusal to submit to a chemical test.

The State of Maryland DMV DUI Information

The State of Maryland Rookie Driver Page

Other Maryland Information on this Website

Teen Driving Laws, Insurance Requirements and Driver License in Maryland

State of Maryland Cell Phone Driving Law

 

www.CharlesJeromeWare.com

The national medical malpractice, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of automobile death, criminal defense, personal injury, medical malpractice, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.

Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]

The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier Civil litigation and Criminal Defense firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."