Family Law Flashcards

In Maryland, what is the effect of an annulment compared to a divorce?

Answer: Annulment declares the marriage void or voidable from the outset, while divorce ends a valid marriage

An annulment treats the marriage as invalid from inception (void or voidable), whereas divorce dissolves a validly created marriage.

Which marriage would be void ab initio in Maryland, requiring no annulment decree to be invalid?

Answer: A bigamous marriage entered while one party is still married to someone else

Bigamous and closely incestuous marriages are void ab initio in Maryland; fraud or incapacity typically renders a marriage merely voidable.

Under Maryland's mutual consent divorce ground, what must the parties submit to the court?

Answer: A written settlement agreement resolving alimony, property, and child custody and support issues

Mutual consent divorce requires a written agreement resolving all alimony, property, and child-related issues, which the court reviews for the children's best interests.

When valuing marital property for a monetary award, Maryland courts generally value assets as of what date?

Answer: The date of the divorce trial or when the divorce is granted

Maryland values marital property as of the date the divorce is granted, not the separation or filing date.

In Maryland, how does a spouse's adultery affect alimony and property division after the 2023 divorce reform?

Answer: It is no longer a divorce ground but may still be considered as a factor, such as the circumstances of the estrangement, in alimony and monetary award decisions

Although fault grounds were abolished in 2023, the circumstances contributing to the estrangement remain statutory factors in alimony and monetary award determinations.

A Maryland court orders relocation-related modification. Which factor is most central when a custodial parent seeks to move out of state with the child?

Answer: Whether the relocation constitutes a material change and how the move affects the child's best interests

Relocation cases turn on whether the proposed move is a material change in circumstances and what arrangement serves the child's best interests.

In Maryland contested adoption or guardianship terminating parental rights, what standard of proof applies to a finding of parental unfitness or exceptional circumstances?

Answer: Clear and convincing evidence

Termination of parental rights requires clear and convincing evidence, consistent with Santosky v. Kramer and Maryland statute.