Towson Divorce Lawyer | Marital Property | Equitable Distribution.
Divorce Lawyer Amar S. Weisman Uses Precision, Knowledge, and Experience To Advocate For Clients
Expertise.Com recognizes Amar S. Weisman as one of the Top 22 divorce lawyers in Baltimore and Law and Practice Magazine as one of the top divorce lawyers in Maryland. Amar S. Weisman has distinguished himself with positive peer and client reviews on Avvo and Google by bringing his prodigious work ethic to every case. Regarding property, Mr. Weisman prepares court papers and exhibits to present property issues to the Court in a manner that conforms to the law and the facts of the individual case.
The Multi-Dimensional Equitable Distribution of Marital Property Under Maryland Law
The nature of absolute divorce requires attorneys and the Court to facilitate closure on the disposition of all property acquired during the marriage, regardless of how that property is titled. The Marital Property Act of Maryland provides for the distribution of marital property based on equitable distribution instead of simply splitting the property down the middle on a 50-50 basis. The process gives the individual judge great power and discretion to determine who gets how much by applying statutory factors that guide the property analysis. The elements judges are allowed but not necessarily required to consider include the length of the marriage, the monetary and non-monetary contributions to the wedding, the health & age of the parties, and the circumstances that caused the marriage breakdown. As opposed to providing a formula that is scientific and predictable, equitable distribution is much more of an art that empowers different judges to do other things that can be unpredictable. Amar S. Weisman has guided clients through the three-step equitable distribution process to obtain excellent outcomes for his clients.
Equitable Distribution Requires Attorneys to Account For All Tangible and Personal Property
To craft the property component of each divorce case, Mr. Weisman communicates with clients. He obtains information through discovery to account for the significant tangible and non-tangible property appropriate for adjudication. These include but are not limited to the following: Bank Accounts.
- Investment Accounts
- Marital home
- Rental Properties
- Home Furnishings
Maryland Divorce Law Follows a Three-Step Process To Adjudicate Property
Equitable distribution is a three-step process partially driven by Joint Statements of Marital and Non-Marital Property filed by the parties under Rule 9-207 and disclosures by parties on Rule 9-203 long-form financial statements. :
- The first step is to identify all of the property that either spouse has, whether it came before the marriage or during the marriage, from work or inheritance, by mysterious appearance; every piece of property is listed and then identified as marital or non-marital. Next, suppose any part of the property was acquired during the marriage. In that case, it is marital unless it can be traced to an inheritance, a gift from a third party, or the property is excluded by valid agreement. Absent those exceptions, if a piece of property was acquired during the marriage, it will be deemed marital property.
- The second step is determining the value of each piece of marital property. Every furniture, retirement asset, and bank account must be valued. The responsibility falls upon the lawyer for each party to present evidence of value. The Court has an obmuste the value of each piece of property identified as marital property, or else the trial court finding may be appealed. The importance of appraisers, actuaries and original financial documents cannot be understated when determining the marital property's value.
- The third step is ensuring each spouse gets the appropriate amount of marital property. One spouse will have more marital property than another because of title. However, the title does np the property off the table. It is more like the spouse with title to more of the property or instead check to the spouse with less property. This is accomplished through a marital award. A marital award is a cash award that the Court orders one spouse to pay to the other spouse to ensure they walk away with the right amount of property.
What is the right amount of property for each Baltimore County Spouse to Walk Away With?
The Court applies a dozen factors to determine who should get what. The Circuit Court for Baltimore County has lots of discretion to divide property in whatever it deems fair. Although there are several variables, principles of equitable distribution require that the spouse will pay the mortgage during the separation and be given credit for those amounts paid for the mortgage payments. However, there is an exception to this, which is an ouster when a spouse is kept off the property by the other spouse.
Call 410-321-4994 To Meet With Towson Divorce, Child Custody & Family Law Lawyer Amar S. Weisman.
Please Call (410) 321-4994 during business hours to schedule a free consultation to decide whether you want to retain Amar S. Weisman. The firm does not accept pro bono clients at this time. To have legal services and advice, you must pay a retainer, See Policy on Fees/Costs. The law firm is located in the heart of Towson near The Circuit Court For Baltimore County, Towson Town Center, Goucher College, and Towson University, at 1018 Dulaney Valley Road (MD-146), Second Floor Towson, MD 21204. We represent clients throughout the Baltimore area, including Aberdeen, Abingdon, Baldwin, Bel Air, Bowleys Quarters, Brooklandville, Carney, Catonsville, Cockeysville, Edgewood, Essex, Garrison, Glen Arm, Greenspring Valley, Homeland, Hunt Valley, Hydes, the Joppa Road Corridor, Kingsville, Long Green, Lutherville, Middle River, Nottingham, Owings Mills, Parkville, Pikesville, Perry Hall, Reisterstown, Riderwood, Rodgers Forge, Rosedale, Ruxton, Sparks, Sparrows Point, Stoneleigh, Timonium, Towson, West Towson, White Hall, White Marsh, and the York Road corridor. We have also represented several out-of-state clients. The law firm does not guarantee the results in any matter.