Legal Question in Real Estate Law in Maryland

Re: Wrongful divorce?

You should have a Maryland attorney review your 1994 divorce file and give you a legal opinion as to the validity of your divorce.

Re: Wrongful divorce?

In order to obtain a divorce decree in MD, you would have had to introduce your marriage certificate at the hearing/trial. It is probably still in the court jacket, if you didn't save a copy. The MD court was satisfied that you had a valid marriage at that time and I suspect your ex didn't suggest otherwise in '94. It sounds like he's just trying to intimidate you into ending your child support of him. Don't let him do so.

Re: Wrongful divorce?

Your thinking is on track. A valid divorce can lie only where there is a prior valid marriage (be it common law or otherwise). Maryland does not have a common law statute but does recognize common law marriages under the law of another state. I mention this only because you did not indicate the state underwhich your marriage was recognized.

As a Maryland attorney, I am not well versed with Australian law. However, if their law is similar to that of the USA, alimony and child support are two entirely different matters. You did not mention where the order of child support was issued, I assume Maryland. If circumstances have changed, he could file for a modification, but that has not been raised in your question. You may have a valid order for child support and, if so, do NOT let him intimidate you or otherwise weasel out of his responsibilities. A foreign judgment and an order of execution or garnishment appears to be what you require. His action for an illegal divorce is without merit in regard to child support. ENFORCE YOUR ORDER OF CHILD SUPPORT!!!

Now, where he is bringing a non-meritorious action in court to intimidate or otherwise avoid a lawful right, you have an action to counter-sue for misuse or abusive process. However, this is not without considerable complication since he is in Australia. Nonetheless, you need to know of this and to present your counter-claim, as is allowed under Maryland law (I assume that he registered his complaint in a Maryland county).

I am a skilled attorney and would be interested in assisting you with this complicated matter. My fees are reasonable. I require a fee agreement and retainer before proceeding with your matters. Feel free to contact me if you would like to discuss.

G. Joseph Holthaus III

(410) 799-9002

Re: Wrongful divorce?

Greetings,

I have read the various replies and they all seem to be on target. If you need ongoing help, and are close to me in vicinity, I will give you a free consultation to help you review your options.

Best wishes,

Mark J. Mahoney, Appleton, Wisconsin, 920-984-4529