P. A. Davis Law Office, LLC

Understanding the Impact of Personal Conduct in Maryland Divorce Proceedings

The Implications of a No-Fault Divorce State

As of October 1, 2023, Maryland is a no-fault divorce state. A no-fault divorce framework underscores the principle that evidence of wrongdoing is not a prerequisite to initiating divorce proceedings. The singular requirement for divorce is recognizing that the marriage is "irretrievably broken."

However, it's crucial to comprehend that certain behaviors and actions remain influential and can significantly affect the outcomes of various divorce-related judgments. These may include the division of marital assets, child custody, child support, and spousal support.

Financial Integrity: the Consequences of Hiding Assets

When navigating the division of assets, honesty is not just a righteous imperative but a legal one. Hiding assets can be considered fraudulent activity or perjury.

Attempts to obscure the true nature of one's financial situation can include:

  • Withdrawal of significant cash amounts.
  • Covert purchases of high-value items for later resale.
  • Funneling money to relatives under the guise of repaying fictitious debts.
  • Postponing income or bonuses until after the divorce finalization.
  • Setting up accounts in children's names to shield funds.
Such actions, transparent in their intent to deceive, can attract legal repercussions, including contempt of court and financial penalties that may manifest as an unequal distribution of assets and covering the legal fees of the opposing party.

Dissipating Assets: A Strategy That Can Backfire
 
When faced with asset division, a spouse might spend excessively to reduce the marital estate. Taking out loans from a 401k, spending money on a paramour, extravagant purchases, luxury travels, and high-stakes gambling are signs of asset dissipation. These actions can trigger legal consequences, potentially escalating the financial obligations to the other party, as they imply an ability to afford a lavish lifestyle.

Digital Correspondence: A Double-Edged Sword

In the digital age, the trail of communication—text messages, emails, or social media activity—can serve as potent evidence in court. Abusive language, threats, or boasts about financial cunning can all be leveraged against a spouse during legal proceedings. Conversely, a lack of communication, particularly regarding child-related issues, can reflect negatively on a parent's willingness to engage in co-parenting, influencing custody and visitation rulings.

The Complications of Premature Dating


While seeking new relationships post-divorce is a personal decision, initiating them prematurely—before the legal dissolution of marriage—can introduce complications. New relationships scrutinized within divorce proceedings can affect judgments regarding custody and visitation, particularly when considering the new partner's impact and influence on a child.

The Value of Dynamic Restraint Throughout the Divorce Process


The emotional turmoil inherent in divorce proceedings can prompt decisions made in haste or out of spite. We encourage and help our clients make prudent decisions, emphasizing the long-term benefits of civility in proceedings, especially when children are concerned.

For legal representation that acknowledges the multifaceted nature of divorce, trust in the expertise of P. A. Davis Law Office, LLC, where the protection of your interests and the pursuit of a fair outcome remain our steadfast commitment.

Read Next: How to Negotiate Alimony in a Divorce Settlement

Contact our attorneys to get the divorce representation that you need.

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