Baltimore Prenuptial Agreement

There are many reasons to consider entering into a prenuptial agreement prior to your wedding.  A Baltimore Prenuptial Agreement lawyer can help explain the reasons for a prenuptial agreement and whether it is a good fit for your situation.

Some common questions are:

How do I protect my premarital assets during a marriage and in the event of divorce?

How can I avoid a costly and contentious divorce like my parents experienced?

How can I make sure I am protected in case of divorce but I haven’t worked during the marriage?

These questions have important answer and if you are asking these question than a consultation with a Baltimore prenuptial lawyer may be right for you.

Maryland Prenuptial Agreements

Maryland does not have a uniform prenuptial or premarital agreement statute addressing prenuptial agreements.  Until 1984, prenuptial agreements were frowned upon by Maryland Courts.  However, Maryland family law now allows people before and after marriage to enter into enforceable agreements (contracts) to resolve their issues especially property distribution, alimony and attorney’s fees.

It is important that each potential spouse consult with a lawyer to review the prenuptial agreement prior to signing.

Under Maryland Law a court will evaluate the validity of prenuptial agreement.  Generally, the test that a Maryland Court will apply to uphold or overturn the agreement is” whether there was overreaching, that is, whether in the atmosphere and environment of the confidential relationship there was unfairness or inequity in the result of the agreement or in its procurement. Frank, full and truthful disclosure of what is being relinquished (or in lieu thereof actual knowledge otherwise available or obtained) is the key that turns the lock of the door leading to impregnable validity.” Harbom v. Harbom, 134 Md. App. 430, 741 (2000)

Usually, if each party is represented and fully advised of their rights, courts will uphold an otherwise valid Maryland prenuptial agreement.

To ensure that the prenuptial agreement is valid and enforceable it is a good idea to call a Baltimore prenuptial agreement lawyer to draft and explain the law to you.  A person should never sign a prenuptial agreement without first consulting with a lawyer because of the many rights you may be giving up that you did not know you had or did not care to consider at this time in your life.

Contact a Baltimore prenuptial agreement lawyer David D. Nowak 443-470-9071 www.davidnowaklaw.com

Each case is different so you should consult an attorney to receive legal advice for your specific situation.  This post is for general legal information and is not legal advice.

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Police Made One Pot Arrest every 42 seconds in 2012

A post from our other site http://www.marylandpotlawyer.com

Police Made One Pot Arrest every 42 seconds in 2012

It’s hard to believe that police in the United States are making an arrest for pot possession every 42 seconds.  That means police are spending time making criminals out of usually non-violent drug offenders rather than focusing on other more serious crimes.

In Baltimore, the pot arrest rate has not decreased and marijuana possession charges in Baltimore have actually increased.  It is hard to justify the costs to society by spending police and court resources on marijuana charges.  Not to mention the costs of criminalizing millions in our society and hampering their ability to get student loans, government assistance, and jobs with security clearances.

According to US News and World Report Most marijuana-related arrests were for possession of the drug. By mere possession, there was one marijuana arrest every 48 seconds in 2012. Including arrests for distribution, there was a pot-related arrest every 42 seconds, the same interval as in 2011. “Each one of those arrests is the story of someone who may suffer a variety of adverse effects from their interaction with the justice system,” said LEAP Executive Director Neill Franklin, a former Maryland policeman, in a statement. “Commit a murder or a robbery and the government will still give you a student loan. Get convicted for smoking a joint and you’re likely to lose it.”

I was not surprised by this article as the documentary  The House I Live In  explores the societal costs of enforcing the drug war, and investigates the intrenched interests that keep the drug war alive such as the private prison industry.   Everyone should watch this eye opening expose on our Drug War and Drug warriors. In Maryland, legislation to legalize marijuana passed in the Senate, but did not pass the House.  Even though Maryland is liberal in many ways, we still have a long way to go until a person in Baltimore can use legal marijuana and not have to call a criminal defense drug lawyer for a pot arrest.

David D. Nowak, Esq.

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Same Sex Marriage in Maryland

Back in June 2011, I wrote about New York State approving same sex marriage.  Now, in December 2012, I write about Maryland’s approval of same sex marriage.  It is amazing how quickly some things change!

Although, same-sex couples can apply for and receive marriage licenses now, the law goes into effect on January 1, 2013, so those hoping to be married before the New Year in Maryland will have to wait just a little longer.  The Circuit Court for Baltimore City and The Circuit Court for Baltimore County are already issuing marriage licenses.  The Circuit Court for Harford County will be issuing marriage licenses soon.    I expect there will be a number of marriage celebrations at the stroke of midnight on New Year’s Eve.  Congratulations to the future newlyweds!  For more information about marriage and divorce, visit www.davidnowaklaw.com  and for some heart-warming stories read a recent story in the Baltimore Sun.

What do Pot, Facebook, Fantasy Football and Scooters have in Common?

Answer: NEW LAWS! It’s already October 2012!  Where has the time gone?  Well October 1, 2012 means many new laws go into effect in Maryland.  Here are a few notable changes to our laws:

  1. Marijuana: For people possessing less than 10 grams of Marijuana the maximum penalty is now 90 days in jail and/or a fine of $500.   That’s down from 1 year in jail and/or a $1,000 fine for possession.
  2. Fantasy Football:  Fantasy games such as Fantasy Football are excluded from the list of games that Marylanders are prohibited from betting, wagering and gambling on.
  3. Facebook:  Employers are prohibited from requesting employees’ or potential employees’ user names and passwords for their social medial accounts.
  4. Scooters and Mopeds:  Owners operators will have to have a registration decal on the vehicle, and operators must wear protective helmets and eye wear.
  5. Non-Functioning Traffic Lights: Drivers approaching a non-functioning traffic signal from any direction must stop and make sure it is safe to continue through the intersection.

And there are several ballot measures that citizens will be voting on this election, so if you weren’t planning on voting on any candidates, you may want to vote on the following ballot measures:

  1. Allowing same sex marriage in Maryland
  2. An expansion of Maryland’s gambling laws to include table games
  3. A vote on Maryland’s legislative redistricting and
  4. The Dream Act – whether the children of illegal of immigrants will be eligible for instate tuition at Maryland Colleges and Universities if they meet certain standards.

It was a busy year for the Maryland State Legislature and the Governor.  You can always count on the Law Office of David D. Nowak, LLC to be up-to-date on changes to the law.  For more information go to www.davidnowaklaw.com

Hello world!

David D. Nowak, Esq.

David was born and raised in Baltimore.  He attended Calvert Hall College High School and Graduated from Towson University with a B.A. in International Studies.  After spending over 5 years as a Securities Analyst for a Fortune 500 Financial Firm, he attended the University of Baltimore School of Law.  During law school David was a student attorney for three semesters with the University’s Family Law Clinic.  There, he argued cases for economically disadvantaged clients in the District Court, Circuit Court, and the Court of Special Appeals.  David also participated in a campaign to reform Maryland’s Domestic Violence laws, and was part of a delegation that testified before the General Assembly to change those laws.  During his time in law school, David also interned for the Honorable Wanda Keyes Heard at the Circuit Court for Baltimore City and for a Towson Firm, Warnken, LLC.

After graduating with a Juris Doctor from Law School, David was selected to clerk for Special Master Andrea F. Kelly at the Circuit Court for Baltimore City, Family Law Division.  After his clerkship, he was recruited by his former law school professor Byron L. Warnken to be attorney-in-charge of Warnken, LLC’s Family Law and Worker’s Compensation Practices.

In 2010, David decided to pursue his dream of opening his own law firm.  He believed that in starting his own law practice, he could more effectively represent his client’s varied legal needs.  Today David focuses on Family Law, Worker’s Compensation Claims, Criminal Law, Estate Planning, Law Enforcement Officer’s Bill of Rights (LEOBR), and general civil matters.  David is “of counsel” to Warnken, LLC and supports the Maryland Troopers Association in that capacity.

David continues to be active in his local bar association, the Maryland State Bar Association, the Maryland Association for Justice, and he is active in his local community organization.  Check out his website www.davidnowaklaw.com