Counterclaim For A Maryland Divorce – Maryland Lawyers

If you are concerned about a Counterclaim For A Maryland Divorce, contact our law firm immediately for help.

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Counterclaim For A Maryland Divorce – Maryland Lawyers

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Jackson v. Jackson

Facts:

Appellant husband appealed a decision of the Circuit Court in Baltimore (Maryland) granting appellee wife an absolute divorce from the husband and denying the husband’s counterclaim for dissipation of marital assets. The court of appeals issued a writ of certiorari on its own initiative

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Counterclaim Maryland Divorce Lawyer Harford
Counterclaim Maryland Divorce Lawyer Harford

Holdings:

The Maryland Court made the following holding:
  • Dissipation occurs where one spouse uses marital property for his or her own benefit for a purpose unrelated to the marriage at a time where the marriage is undergoing an irreconcilable breakdown. Dissipation may occur on occasions in which (1) the marriage is not undergoing an irreconcilable breakdown; and/or (2) the dissipating spouse’s principal purpose was a purpose other than the purpose of reducing the amount of funds that would be available for equitable distribution at the time of the divorce. Dissipation occurs when marital assets were taken by one spouse without agreement by the other spouse
  • In determining a marital award, a trial court first must determine the amount and value of the marital property. Generally, property disposed of before trial cannot be marital property. An exception to the general rule has been recognized when a court finds that property was intentionally dissipated in order to avoid inclusion of the property towards consideration of a monetary award. Even so, a conveyance made by a husband before and in anticipation of his wife’s suit for alimony, or pending such suit, or after decree has been entered therein in the wife’s favor, to prevent her from obtaining alimony, is fraudulent and may be set aside, unless the grantee took in good faith, without notice and for value. To include property that was disposed of during the marriage, the trial court must be persuaded that there is evidence of dissipation, and the party alleging dissipation has the initial burden of production and burden of persuasion. If the evidence presented in support of a finding of dissipation is insufficient, the trial court reasonably may conclude that the previously relinquished asset should not be included in the marital property.

We have client meeting locations in Montgomery (Rockville) & Baltimore, Maryland.

Counterclaim For A Maryland Divorce – Maryland Lawyers

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.