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  1. Nov 30, 2017 · Child Abuse Reporting Laws for Maryland. Last Reviewed: June 3, 2021. State and Statute: Maryland, Family Code §§ 5-701 et seq. What Is Reportable "Abuse": Physical or mental injury, or sexual abuse, “whether physical injuries are sustained or not.” [ 5-701 (b) (1) (2)] Mandatory Reporters: Any person. [ 5-705]

    • A. Kinds of Divorce
    • B. Residency & Venue Requirements
    • C. Terms & Process
    • D. Separation & Reconciliation
    • E. Child Custody and Access
    • F. Financial Child Support
    • G. Spousal Support/Alimony
    • H. Property Division
    • J. State Statutes and Related Links

    1. No Fault

    A “No-fault” divorce is an irretrievable breakdown of the marriage. It is most often associated with an incompatibility of temperament such that the parties can no longer live together and any further attempts at reconciliation are impractical or futile, and not in the best interests of the parties. No-fault divorce has the advantage of sparing the spouses the acrimony of the 'fault' processes, and the disadvantage of closing the eyes of the court to any and all improper spousal behavior. Thi...

    2. General

    In the instance a spouse makes a claim for a breakdown of the marriage against the other, a "ground" or reason is necessary for a “limited” or “absolute” divorce. To justify a cause for divorce, a person must demonstrate one or more conditions exist from the following set of recognized judicial reasons, before the State of Maryland may grant a decree of divorce. [Annotated Code of Maryland; Family Law, Title 7, Section 7-103]. ? Limited Divorce: A limited divorce legalizes the separation betw...

    3. Summary Divorce

    There is no legal provision in Maryland for a summary divorce; generally applicable to divorcing couples who generally have no children and minimal property, assets and debts. Additionally, specific evidential testimony must be presented by the plaintiff spouse at a court hearing to support a default judgment for a divorce case under Maryland civil procedures. . [Annotated Code of Maryland; Courts and Judicial Procedure, Section 3-409 and Maryland Rules; Rules 9-203, 9-206, and 9-207].

    1. Plaintiff Resident

    At least one spouse (Plaintiff) must be a resident of Maryland for not less than one (1) year prior to filing for a divorce within the Maryland Circuit Court system. If both spouses are residents of Maryland, the divorce may be filed in any county where either spouse may reside. If the Plaintiff is filing for divorce on the grounds of insanity, the residency requirement is increased to a minimum of two (2) years.

    2. Non-Resident Spouse

    When the Defendant is a not a resident of Maryland, the Plaintiff (the person who files for divorce) must have been a bona fide resident of Maryland for at least one (1) year prior to filing the divorce action in the county where the Plaintiff currently resides. This residency requirement must be alleged in the Bill for Divorce and proven by the Plaintiff. [Annotated Code of Maryland; Family Law, Title 7, Section 7-103 and Maryland Rules, Rule 9-201]. 1. Venue: "Venue" refers to which type of...

    Plaintiff: The spouse who files the summons and complaint of action for divorce with the Circuit Court of the county.

    1. Conditions

    Legal separation is a court determination of each spouse’s rights and responsibilities based on the circumstances of the marital relationship. While a legal separation often includes a physical separation of households, it is not required; nor does it terminate the marital relationship. In the State of Maryland, the grounds for a legal separation (limited divorce) are: 1) willful desertion; 2) cruel and inhuman treatment; and 3) voluntary separation and living separate and apart without cohab...

    2. Reconciliation

    In granting a legal separation, the Court holds each spouse to make a good-faith effort to reconcile their differences. In the instance of reconciliation between spouses, a legal separation may be revoked at any time by agreement of the parties. However, an agreed order of revocation must be signed by the judge. Once a legal separation has been revoked by the court, the parties would have to repeat the entire process if it was decided to legally separate again. [Annotated Code of Maryland; Fa...

    3. Remarriage

    Remarriage by the parties to another person is forbidden under Maryland law until after the Court issues a Decree of Divorce.

    1. State Policy

    In the State of Maryland, joint or sole custody may be awarded to either or both parents, based on the best interests of the child. There is however, no officially adopted statutory language or other factors for consideration set out in the statute that promote shared parenting. Instead, it is the general position of the court to attempt to allow the child(ren) to live in the environment and community that is familiar to the child(ren) and will usually allow the use and possession of the fami...

    2. Types of Custody

    The court may award either "sole legal custody" or "joint physical custody" if it is in the best interest of the child. When the divorce is finalized both physical (residential) and legal custody will be determined. ? "Sole custody" means one parent makes all the key or legal decisions such as health, education, general welfare and religion affecting the child(ren), and it means that the child(ren) only live with one parent. This parent awarded custody is referred to as the “custodian” and th...

    3. Considerations for Custody Award

    Under Maryland law, custody of any child(ren) of the marriage may be granted jointly or to either parent by court decision (order). However, joint custody is not presumed to be in the best interests of the child(ren) under statute in Maryland, although the judge will likely consider joint custody in most every case. Instead, the Court will make custody decisions based upon what is considered to be in the best interests of the children. If both parents request it, joint custody will usually be...

    1. Responsibility and Emancipation

    Financial “child support” commonly refers to the money paid by the non-custodial parent to the custodial parent to assist in meeting the continuing needs of the child(ren). It is often the most contentious aspect of divorce and rarely considered equitable by one or both parents without first working hard to understand the nature, purpose and distribution of financial support. It is important to understand that divorce does not end the legal obligation for support. Although the bond of marriag...

    2. Needs and Considerations

    In Maryland, each parent is responsible for the support of minor children. The legal duties of financial child support are based upon the needs of the child in conjunction with the abilities of the parents as dictated by income and assets owned. The financial goal is to help families achieve self-sufficiency because non-payment of child support is a key factor contributing to the impoverishment of children. Each are an important part of a combined effort to obtain a fair distribution of finan...

    3. Child Support Guidelines

    While every state has its own version of the Child Support Guidelines to help calculate an appropriate amount of support, only the individual set of guidelines adopted by the State of Maryland are presumed by the Court to be correct for use by the Maryland system of circuit courts. In Maryland, child support is based on the gross incomes of each parent and how many children the parents are responsible for supporting. And while the Court will generally order either parent to provide for paymen...

    1. Obligation Under Law

    It is an obligation established by law based on the premise that both spouses have an absolute obligation to support each other during the marriage (or civil union) unless they are legally separated. After a Bill for Divorce is filed with the Court to terminate the marriage, the spouses may enter into a “limited divorce” in the absence of an “absolute divorce”. When a limited divorceis granted, either spouse may then ask for post-marital maintenance (also known as alimony or spousal support)....

    2. Definition and Intent

    Spousal support (sometimes called spousal maintenance or alimony) is money paid by one spouse to the other due to the payee spouse's loss of the benefit of the payor spouse's income due to the divorce. It's designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support in an effort to maintain the standard of living that both parties were accustomed to during the marriage. It can only be ordered by the court, but may be awarded to...

    3. Types of Spousal Support/Alimony

    Spouse support may be awarded as a set lump sum (alimony in gross) or as periodic payments that terminate under certain circumstances. ? Lump Sum: This type of support is made in one payment instead of periodic (usually weekly or monthly) payments. Lump sum alimony is not modifiable in the amount after an award is made and paid. Lump sum alimony, just like all other form of spousal support is taxable as income. It is recommended that a person receiving or making a lump sum should first consul...

    1. Equitable Distribution

    There is no statutory provision in Maryland for the division of property. Under case law, Maryland is considered an "equitable distribution" state. This means the Court has the authority and full discretion to divide all marital property (assets and debts) in a fair and equitable, but not necessarily equal manner. Moreover, the Court's discretion may not be disturbed on appeal without a showing of clear abuse. The Court may not however divide separate property, regardless of whether the separ...

    2. Factors for Consideration of Equitable Distribution

    To decide the division of marital property owned by divorcing couples, and whether any property held by one of the parties should be included in the marital estate, the Court will consider several factors for the purpose of making an equitable distribution. ). [Annotated Code of Maryland; Family Law, Sections 8-202, 8-203, and 8-205]. The considerations may include but are not limited to: ? Length of the marriage; ? Age, physical, and mental condition of each spouse, ? Value of the property s...

    3. Authority and Value of Equitable Distribution

    Except for pensions and retirement funds, the Court does not hold authority to change the title to property awarded in a divorce. However to adjust the rights of each spouse, the Court does exercise the power to give a monetary award and may order a division of the property by the sale of same and making division of the proceeds as an adjustment for the values awarded. To ensure a more equitable distribution, and reduce time and expense in a property dispute, it is highly recommended that as...

    1. Maryland Judiciary Circuit Courts ? 2. MD Judiciary Department of Family Administration, Administrative Office of the Courtss ? 3.Maryland Department of Human Resources, Child Support Enforcement Program 4.Sta...

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  3. Aug 08, 2020 · Some homeschooled students have encountered significant problems when applying for law enforcement jobs in Maryland with a diploma issued by a church umbrella. The Department of Education takes the position that an umbrella program cannot issue a valid diploma because it is not a school. 1. Select and join a church umbrella.

  4. Dec 06, 2012 · The Law and Children's Ministry. By. -. December 6, 2012. This point cannot be more strongly made: The Church faces enormous potential legal liability in the area of children’s ministry. Many studies show this to be the number-one category that brings liability claims against the Church. Three major areas of concern for our clients are:

  5. Other articles in Documents, Laws and Proposed Laws, Pre-First Amendment. Long before the First Amendment was adopted, the assembly of the Province of Maryland passed “An Act Concerning Religion,” also called the Maryland Toleration Act of 1649. The act was meant to ensure freedom of religion for Christian settlers of diverse persuasions in ...

  6. Sep 05, 2001 · Government Regulation of Churches Chapter 9. With the ever-increasing amount of legislation imposed by federal, state, and local governments, questions have arisen as to the application of these laws and regulations to religious organizations. After all, it is one thing for a statute to apply to a local dry cleaner or fast food restaurant.

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