Uncategorized

There are often many myths associated with divorcing. Below, please find some common myths and commentary. 1.  The Mom will always get custody of the kids.  Nope! Custody or access time is a continuum and absent a horrible situation both parents will see the child. ...

Will I get alimony? For how long? These are questions often asked of a divorce lawyer.  See comment from a recent Court of Special Appeals case on the matter: A trial court has broad discretion in awarding alimony, which may include both rehabilitative and indefinite...

If you follow legislative updates as to domestic law in Maryland, some of the below cases may be helpful to read: 1. Polygraph tests don’t come into evidence. They are unreliable.   In re. A.N., B.N., and V.N., 226 Md. App. 283, 127 A. 3e 644 (2015). During a...

I am asked very often whether there is a lawsuit remedy for people posting things on Facebook and Instagram that is defamatory.  Here is the low-down on the law in Maryland about defamation: In Maryland, defamation of character falls into two categories: libel and...

Diamant Gerstein, LLC is pleased to announce that one of its’ clients, a non-parent, was able to secure sole physical and sole legal custody of her granddaughter.  Utilizing the factors in the recent case of Conover v. Conover, the Circuit Court in Prince George’s...

I am often asked, “How much am I going to have to pay in alimony?” Well, the answer is: “It depends.” And, it’s totally up to the Judge hearing your case. Maryland law has several different types of alimony: pendente lite, which is alimony awarded for a specific time...

Maryland Assault Laws In Maryland, assault is defined as an attempt to touch someone else without their consent. Usually, the touching in question is an act of violence, such as a punch or threatening someone with a weapon. One of the most serious forms of assault in...

Officer Noah Leotta was a Montgomery County, Maryland police officer who was hit and killed by a drunk driver.  As a result of this tragedy, a Maryland drunk driving law has been called Noah’s Law from its inception. The law was named after Noah Leotta.  It requires...

Possession of Less than 10 grams of Marijuana in Maryland In Maryland, possession or use of less than 10 grams of marijuana is not a criminal offense.  Possession or use of up to 10 grams of marijuana is still illegal, however, and carries civil penalties. Read the...

Effective October 1, 2016, you will not need a “witness” in court in order to get your divorce.  The law appears below. Family Law 7-101, 8-104 (HB0274/SB0359) – Family Law – Divorce – Corroboration of Testimony Repealing a provision prohibiting a court from entering...