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3 Common Myths About Divorce Court

May 3, 2017/in Legal Minute Blog

This week, Stephanie Noronha explains the truth behind three common myths regarding divorce.

Myth #1: Adultery

It is a common myth that if one spouse commits adultery, they forfeit their right to any marital assets. This is not the case in Maryland, the only time the court considers adultery is when it is going through the multiple factors to determine if alimony is appropriate. It is true that adultery can impact the amount or duration of any alimony awarded.

Myth #2: Denial of Divorce

Another common myth is that one spouse can deny the other spouse a divorce. This is also not true, as long as they meet statutory requirements a spouse cannot be denied the right to seek a divorce from the other spouse.

Myth #3: Child Support

Finally, another common myth is about paying child support. Some people think that if the non-custodial parent is denied visitation rights by the custodial parent, then the non-custodial parent doesn’t have to pay child support. This is not the case; these two things are exclusive. There are other remedies that the non-custodial can seek with the court but the obligation to pay child support is continuing.

In conclusion, there are many myths about divorce. To understand the laws around divorce, you should talk to an experienced family law attorney.

At Davis, Upton & Palumbo LLC, we guide our clients through the divorce process, making sure they understand all of their options and their rights. Family and domestic matters can be stressful, contentious and emotional. That is why we provide our clients with the time and support needed to get through a divorce successfully. If you want to learn more about our Family Law Services, click here or contact us today. Read more

What are the Top 3 Things I Can Do To Prepare For My Case?

April 26, 2017/in Legal Minute Blog

This week Michael O’Shea shares the top three strategies you can do to prepare for your case. Following these easy steps can help to ensure that your case will be as strong as possible.

Gather All Evidence For Your Case

You will want to start by accumulating all evidence regarding the matter. This includes all documents, ledgers, videos, etc. Your attorney will want to see these items to help prepare for the case.

Gather Witnesses For Your Case

The second step you can take is gathering a list of any potential witnesses and information they may have regarding the facts. A witness is someone who has gathered information, witnessed an event, prepared a document or has done an inspection relating to your case. Your attorney will want to talk these witnesses and decide if your witnesses should be called in the case.

Avoid Social Media

Lastly, you will want to avoid any comments and/or thoughts on social media sites as this can benefit the Opposing Party. Many people do know that comments on social media can waive your attorney-client confidentiality or harm your case.

In conclusion, make sure that you follow these three simple and effective steps to help your case.

At Davis, Upton & Palumbo LLC, we know that legal matter can be stressful. We are here to help make sure your case goes smoothly. As a general practice law firm, we have the resources and capabilities to handle a wide variety of legal matters. If you want to learn more about our Practice Areas, click here or contact us today! Read more

Are your Interview Questions Proper?

April 19, 2017/in Legal Minute Blog

This week, Denise Bowman explains how to ensure your interview questions don’t result in a claim against your company.

It is important to carefully consider all of your interview questions when looking for a new employee. The best-intended questions can get you in trouble if you are not aware of the state, local and federal laws that regulate the questions prospective employers can ask.

What should you avoid?

Interviews should be designed to find the best candidate for the position available within your company. There are several questions that should not be asked during the interview process, application or any testing process for a job. Some examples of topics that are off limits include questions that may reveal national origin, citizenship, age, gender, race, religious beliefs, drinking habits, arrest record or military discharge status. The focus must stay on the job requirements and how each candidate has performed in the past.

How can you prepare?

Denise suggests that it is important to have a carefully planned outline of the questions you intend to ask. Creating a structured interview process that will be the same for all candidates will ensure equal treatment for all candidates and help protect your company.

In conclusion, making sure that everyone involved in the interview process understands your guidelines is an important step in finding your next successful employee.

At Davis, Upton & Palumbo LLC, we advise and act for clients at all stages of the business lifecycle. If you want to learn more about our Corporate & Business services,
click here or contact us today! Read more

What is the Boulevard Rule?

March 15, 2017/in Criminal/Traffic/DUI, DUPD University, Legal Minute Blog

This week, David C. Weigel describes the Boulevard Rule. Although this law may sound unfamiliar, it is a rule that most drivers deal with on a daily basis. This traffic law in Maryland states that any driver approaching an intersection from a smaller roadway must yield the right-of-way to the drivers on the through highway.

The driver approaching from the smaller roadway is known as the unfavored driver. The unfavored driver must yield until he/she can either cross the through highway safely or merge and get up to speed. In the personal injury context, the Boulevard Rule places a duty on the unfavored driver to avoid a collision by yielding to the favored drivers.

To learn more about our services dealing with Traffic and MVA Hearings click here, or Motor Vehicle Accidents click here, or any matter regarding Personal Injury click here, or contact us today! Whatever legal matter it is, we are more than happy to help!

Enjoy!

Peace Order or Protective Order?

March 8, 2017/in Business & Corporate, DUPD University, Family & Domestic, Legal Minute Blog, Peace Order, Uncategorized

This week, Stephanie B. Noronha Stephanie B. Noronha explains both Protective Orders and Peace Orders. She details the requirements needed to be eligible to either file for a Protective Order or a Peace Order.

We are experienced in the legal process surrounding all of these matters. Whether your situation will benefit more from mediation or litigation, we are prepared to act on your behalf throughout the process. click here or contact us today. Read more

What is Marital Property?

February 22, 2017/in Divorce, DUPD University, Family & Domestic, Legal Minute Blog, Uncategorized

This week, Michael O’Shea explains marital property. Marital property often comes up in a context of divorce proceedings. Under Maryland law, marital property is defined as any property, however titled, that was acquired by one or both the spouses during the marriage. Marital property does not include any property that is directly traceable to the following: property obtained before the marriage, any inheritance or gift by a third-party, and anything that is excluded by valid agreement. Michael goes on to explain, Tenants by the Entirety, which is a term that is used in a deed for real property that is exclusively used during a marriage, and what it entails.

To learn more about our services on Family Law, click here or contact us today! With the backing of our Real Estate and Corporate and Business Law Practice Groups, we have experience dealing with complex business valuation and property valuation cases.