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Fathers have equal rights to their children! I am often asked by my male clients if they have any chance at primary physical or shared physical custody of their child. The answer is a resounding, “OF COURSE!” Many people assume that courts give mothers more rights to...

The Law of Alimony It is a fundamental principle of Maryland family law that “alimony awards, though authorized by statute, are founded upon notions of equity[.]” Tracey v. Tracey, 328 Md. 380, 393 (1992). A Court can look at a laundry-list of factors when determining...

When deciding if alimony is warranted, Maryland Family Law Code # 11-106 requires a court to make a fair and equitable decision by considering several factors. Each one carries its weight, including: The length of your marriage The circumstances leading up to the...

I am often asked if my client can get his/her opposing spouse to pay for college.  The short answer is: NO, unless the other spouse agrees to pay child support past the age of 18 and reduces that agreement to writing. Once your child turns 18 and graduates high...

As of October 1, 2018, parties in Maryland can divorce without a waiting period, EVEN IF they have minor kids.  The hitch? You need a fully-executed separation agreement disposing of all issues in your divorce: custody, child support, retirement benefits, the house,...

https://www.huffingtonpost.com/2014/02/02/divorce-lawyer-advice_n_4661934.html?ncid=engmodushpmg00000006

Every year, Maryland’s legislature passes new laws that impact many Maryland family law cases. This session, the Maryland legislature passed a significant number of family law related bills into laws. Here is a look at several new laws that may potentially change your...

Possession of Weed: Under current Maryland law, the possession of up to 10 grams of marijuana has been decriminalized since 2014. Proposed legislation in the Senate would decriminalize possession of an ounce, about 28 grams. But this has not passed yet....

The Fourth Amendment normally requires police to have a warrant to conduct a search. But one exception to that general rule, known as the “automobile exception,” was at the heart of this case: It allows police to search a car without a warrant if the car is “readily...

Consult an attorney. At Diamant Gerstein, LLC, we take time to consult with clients, one-on-one and go through all of their options. This is high on the to-do list! No two cases are alike. Become informed about your legal rights and responsibilities. For example,...