Frederick Maryland Legal Blog

How to protect digital assets in a divorce

On behalf of Wampler & Souder, LLC on Friday, September 28, 2018.

There are numerous assets to divide in a divorce, such as the house and various antiques the couple may have purchased together. However, many people these days have valuable assets located digitally. Photos stored on a computer may have high sentimental value, and the law needs to catch up to ensure these assets are safe during divorce proceedings.

One recent court case in Maryland saw precisely this where a husband agreed to return all of the wife's computer files. However, he did not return everything, and the wife had to take him back to court to get what was hers. You need to be proactive regarding all of your digital assets, including social media profiles, music files and pictures, so you can retain them after a divorce.

What constitutes financial fraud in a divorce?

On behalf of Wampler & Souder, LLC on Wednesday, August 22, 2018.

If your Maryland marriage appears to be breaking up, your life undoubtedly is difficult, emotional and stressful right now. You worry about your kids if you file for divorce. You worry about yourself. You may even have the added burden of worrying about whether or not your spouse is hiding assets from you so that (s)he will have the advantage in your upcoming property settlement negotiations.

Hiding assets and financial fraud are one and the same. It means that your spouse is deliberately attempting to do something illegal in order to deprive you of what is rightfully yours, i.e., your share of the marital assets.

Can a divorce be fair if one party has a lot of family money?

On behalf of Wampler & Souder, LLC on Friday, July 27, 2018.

When spouses divorce in an equitable distribution state such as Maryland, their assets (and debts) should be divided fairly but not necessarily equally. Of course, many divorce cases never go to trial, and the spouses work out an agreement between themselves.

However, the spouses may be from different financial backgrounds, and it can be a shock for one spouse to realize that he or she faces a different standard of living after divorce. Can a divorce really be fair when one party has a lot of family money but the other does not?

How a mechanic’s lien is interpreted under Virginia Law

On behalf of Wampler & Souder, LLC on Monday, July 9, 2018.

The modern form of a mechanic’s lien can be traced to Thomas Jefferson, who used the concept in promoting the construction of Washington, the new capital city of our young republic.

Today, the Supreme Court of Virginia, like other such courts in other states, maintains and updates the law concerning liens such as this one that seeks to protect the interests of contractors.

Steps when a drunk driver hits your car

On behalf of Wampler & Souder, LLC on Sunday, May 27, 2018.

You will naturally go through a lot of emotions when another driver hits your car. You will likely feel even more upset when you discover the other driver is under the influence of alcohol or drugs. Maryland has strict laws for drunk drivers, even if they are first offenders, so you should not hesitate to contact the police.

As much as the other driver may plead, you always want to contact the police to get an official report of the auto accident on record. Additionally, you may have sustained injuries from the collision, and a police report will help with your insurance claim. Here are the other steps to take following this incident:

Avoiding common mistakes after a car accident

On behalf of Wampler & Souder, LLC on Thursday, May 3, 2018.

It is not uncommon to feel confused and overwhelmed after an auto accident. It can be hard to keep your head on straight, not to mention make wise decisions that can protect your case and keep you from a false accusation of liability. You and other Maryland residents should understand what may either complicate your case or help it go more smoothly.

According to HowStuffWorks, doing the following immediately after an accident may hinder your personal injury case, rather than help it:

Reacting in anger and losing your temper, rather than calmly speaking to authorities and the others involved
Refusing to call law enforcement
Leaving the scene of the accident, which can be considered a crime
Apologizing, which may seem polite but could sound like an admission of guilt
Speaking with the other driver’s attorney or insurance company
Accepting the other insurer’s offer without talking to your insurance company or attorney first

Debunking 4 common myths of car accidents

On behalf of Wampler & Souder, LLC posted in blog on Tuesday, April 17, 2018.

Dangerous car accidents occur all the time in Maryland. Take the case of a crash involving three vehicles on April 8th that resulted in the hospitalization of five people.

Sometimes, crashes would have fewer long-term consequences if the drivers involved knew exactly what to do. Unfortunately, many myths persist regarding traffic collisions, and one mistake can greatly affect the amount of money someone receives from the insurance company.

Dividing retirement accounts during divorce

On behalf of Wampler & Souder, LLC posted in blog on Wednesday, March 14, 2018.

Division of assets is one of the most argued elements of divorce. Whether a couple was married for two years or 20, property adds up fast and it doesn’t split neatly down the middle.

Maryland is an equitable distribution state, meaning the property a couple acquires during marriage will be split in divorce fairly, though not necessarily a perfect 50-50. While there is such a thing as separate property, which is owed by just one of the parties, there are usually special considerations for this.

Five Myths about Fathers' Rights in Maryland

On behalf of Wampler & Souder, LLC posted in divorce on Friday, February 2, 2018.

For fathers considering a divorce, myths about fathers' rights can make a divorce seem like a daunting prospect. Luckily, we're living in a time where divorce court proceedings are more fairly weighted between fathers and mothers.

Should spouses who are divorcing file for bankruptcy together?

On behalf of Wampler & Souder, LLC posted in blog on Friday, January 26, 2018.

No one anticipates that their marriage will result in a divorce, just as no one anticipates that their financial life will result in bankruptcy. Going through a divorce or declaring bankruptcy are stressful enough on their own, but what if both are happening at the same time? For some people, divorce and bankruptcy will go hand in hand.

People who declare bankruptcy around the same time as they get divorced often find that declaring bankruptcy with their partner can have its advantages. Even if you and your spouse are eager to split as quickly as possible, you may find many benefits to declaring bankruptcy jointly.