What is a protective order and how can I get one? A protective order is a court order that says one person must refrain from doing certain acts against another person. You must have a certain type of relationship with the other person to be eligible for a protective order. If you and the Respondent have any of the following relationship categories, then you may qualify for a protective order:

1. The parties are married, divorced, or currently separated;

2. The parties are related by marriage, blood or adoption (this includes stepparents and stepchildren if they have lived with you for at least 90 days in the past year);

3. The parties have lived together in a sexual relationship for at least 90 days in the past year;

4. The parties are the parents of a child together;

5. The parties have had a sexual relationship with each other in the past year;

6. You are a vulnerable adult;

7. You were raped or sexually assaulted by the other person (including attempts) in the past six months.

For the court to grant a final protective order, you must prove that the other party committed an act of abuse. The Petitioner must first file a petition for a protective order and the court will issue an interim protective order which will set a time for a temporary protective order hearing. At that time, the Petitioner appears before a judge and explains what happened to the judge and why they need a protective order. If the judge grants the temporary protective order, it usually lasts for 7 days up to a few weeks. It will also outline the date for the final protective hearing which is the final hearing where both the Petitioner, Respondent, and their witnesses present their case. If the judge awards a final protective order, it usually lasts for a period of one (1) year.

What is a mutual consent divorce?

A mutual consent divorce does not require you to be separated for any period of time prior to filing for divorce if you meet certain requirements. If you and your spouse have a signed Marital Settlement Agreement that resolves all marital property issues and alimony, you can qualify for a mutual consent divorce. If you have children with your spouse, the agreement must also resolve all issues related to custody, access, and child support. The parties must also include a child support guidelines worksheet. Finally, neither party shall ask the court to set aside the agreement before the divorce hearing. Once the agreement is signed, the parties can file a Complaint for Absolute Divorce and at least one of the parties must attend the uncontested divorce hearing to the court to grant the divorce.

A mutual consent divorce can save parties a lot of time and money if they are able to meet the criteria. It is important to carefully draft, review, and negotiate the Marital Separation Agreement prior to signing it as it is binding once signed. Even if either party wants to challenge a signed agreement and asks the court to set it aside, it is not always guaranteed that the court will as most judges will deem it as a valid contract between the parties. If you have any questions, please feel free to reach us at (443) 741-2567 and we would be happy to assist you.

There often is a stigma associated with a prenuptial agreement. Many associated it with a lack of trust of their partner or that it is contrary to the notion of true love. While it is a taboo subject for many couples to talk about, prenuptial agreements can serve as a benefit in many ways and do not have to be one-sided.

What is a prenuptial agreement? A prenuptial agreement (often referred to as a "prenup") is a contract created by two people before they enter into a marriage. It cover items like alimony and spousal maintenance, division of property, and protection of separate property. It can also address issues of debt accumulated prior tot he marriage and ensuring that your spouse isn't responsible for paying it back in the event of divorce.

Contrary to popular belief, prenups can be beneficial to both partners. While no couple wants to think about divorce, it is better to plan and protect yourself now rather than at the time of divorce when emotions are running high. Rest assured that both partners will have a complete list of each other's assets prior to signing an agreement as that is a requirement under Maryland law. They also will each be represented by separate counsel who will help them draft, negotiate, and advise them on its terms. For additional information on prenuptial agreements, call us at (443) 741-2567 and we would be happy to answer all of your questions.