Category Archives: Divorce
New Maryland Law Makes it Easier to Assume Mortgage Post-Divorce
For many clients going through a divorce, one of the biggest struggles is not only if someone is going to stay in the marital home, but how to give up the 2 or 3% interest rates from purchasing or refinancing a home in the early 2020s. With mortgages currently hovering around 6-6.5%, many spouses… Read More »
Keith Urban & Nicole Kidman: Sobriety Clause in Prenuptial Agreement
Agreements in family law matters can give those that are privy to them a significant amount of insight into the dynamics of the relationship. Examples of these types of agreements can include separation and marital settlement property agreements, as well as pre and post nuptial agreements. Often these agreements are negotiated and finalized in… Read More »
What Happens If the Money Is Gone?
Divorces can be very difficult and complicated. Imagine getting your divorce and then spending time with a QDRO drafter, only to discover that the retirement funds aren’t there anymore! What if the account has been depleted, rolled over, or mismanaged before the QDRO is actually processed? Let’s unpack what’s happening here— and what options… Read More »
A Quick Take on Maryland’s New Custody Factors
During the 2025 Legislative Session in Maryland, new custody factors were discussed, agreed upon, and ultimately signed into law by Governor Moore. Currently, House Bill 1151/Senate Bill 548 provides for sixteen (16) “new” custody factors. Previously, the courts have relied upon two (2) seminal cases Montgomery County v. Sanders, 38 Md. 406 (1978) and… Read More »
AMA 1: Weinberg & Schwartz Partner Amos Whitney Answers Your Questions
** The responses in this blog post should not be considered legal advice — specific questions about real-life family law situations should be addressed with an attorney ** My Ex is getting re-married soon, what should I know with respect to our son? First, being a stepparent is a really difficult, and often thank-less,… Read More »
Can AI answer QDRO questions?
Artificial Intelligence (“AI”) is great for generating images of cats having tea parties on the surface of mars, but the legal profession is somewhat skeptical of AI’s ability to answer legal questions. To test this in the area of QDROs, we asked a somewhat simple but technical question: is TSP ERISA qualified? TSP or… Read More »
Top Ten Tips for Appearing in Court
While many family law cases settle before the need for a contested hearing/trial, sometimes a trial is necessary. Having experienced counsel is always important when getting ready for trial, but there are things you can do on your own to help ensure that you make the most out of your court experience. Below you… Read More »
Attitude is (Almost) Everything
The title may seem like a no brainer. You’re in front of a judge; some of the most important things in your world are at stake; why wouldn’t you use any advantage you can to get to where you need to be? But when I say appearance, I mean everything. When you walk into… Read More »
Can QDROs lead to litigation?
We are often approached by a recently divorced person who asks whether her QDRO can lead to further litigation. After a lengthy divorce, one assumes that there won’t be more litigation. However, litigation specifically involving QDROs is possible. A recent unreported case is an excellent example. Jean-Baptiste v. Jean-Baptiste, No. 1641-2023 (Md. Ct. Spec…. Read More »
Navigating Co-Parenting Challenges Post-Divorce
You did it! You finally got your Judgment of Absolute Divorce. Your retirement accounts have been dealt with. You have a resolution related to the marital home. You or your spouse is paying child support on time each month. You even have a custody and access schedule that seems to be working well for… Read More »
