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.

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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Actress Tried Framing her Huband by sending Ricin-laced letter to Obama.

Divorces aren’t fun, especially when there are children involved.  But some people turn into complete monsters when going through a divorce.  I have had cases where the other side has raised accusations of domestic violence, sexual abuse of the children, accusations of false imprisonment and attempts at blackmail to dismiss criminal charges based on lies.  But thankfully, I have not had the other side try to assassinate the President and blame their Husband.   According to USA Today, an actress in the middle of a divorce allegedly decided to try to end the case, the easy way.  She allegedly mixed up a toxic poison, mailed  it to the leader of the free world, then called the police and said  her husband was responsible.  Simply amazing.  Unfortunately, these types of antics, on a much smaller scale, are all too common in divorce cases.

Here is the article: USA TODAY ARTICLE

http://www.davidnowaklaw.com

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

Scary Real-Estate Deals – Telling the Buyer about Ghosts

Halloween is just a few days away and scary tales are in the air.  For many people being scared is a sought after thrill.  Whether telling ghost stories at the camp fire or buying a ticket for a haunted house amusement ride, it can be fun to be afraid.  What’s not so fun is when you drop $650,000 on a home that cannot be later resold due to a reputation for paranormal activity.  What’s worse is if you buy a home that was built on a graveyard where the developers removed the headstones, but not the bodies, like in the Poltergeist movies.  At issue is whether the seller of a home that is known to be haunted has a duty to disclose that fact to a potential buyer.

 

That very issue came up in the New York case Stambovsky v. Ackley, 169 A.D.2d 254 (NY App. Div. 1991).  In that case, a woman lived a home in a small town in New York that she had widely proclaimed was haunted.  She reported the haunting in national publications, in the local news media, and her home was a feature on the local ghost walk tour.  Everyone in the local area knew of the home.  In 1990, she sold the home for $650,000 to a man from New York City who had no idea of the notorious reputation of the home.  When he found out that the home was haunted he canceled the sale, refused to attend closing, and sued to get his $32,000 down payment back.

 

The Court in that New York case found that whether or not the house was actually haunted was not the issue, since even the reputation that a house was haunted may seriously affect its value.  Interestingly, the Court found that the law at the time did not require the seller to disclose the  haunting on the theory of “buyer beware,” which places the burden on the buyer to inspect the property to ascertain the condition of the property they are purchasing.  The court found, however, that a normal inspection would not uncover the ghosts that allegedly haunted the home, and therefore the buyer was released from the contract, and won the case.

 

So if you think your house is haunted and you’re about to put it up for sale… you should probably call a lawyer and find out what you should disclose to the buyers.  To not do so, would be a scary proposition indeed.  Law Office of David D. Nowak