Access to Lawyers & the Courts and Exam Review April 22, 2004

Access to Lawyers & the Courts Two Challenges: A) Lack of Counsel / Increase in Pro Se Representation B) Increasing Complexity of Family Law & Procedure

Baltimore City Circuit Court – Family Division 1997 1998 1999 2000 2001 Statewide – 46% of entire Circuit Court caseload – family law cases

Baltimore City Circuit Court Family Division 1997 1998 1999 2000 2001 1997 1998 1999 2000 2001

Exam Review Question: Joyce & Michael Grounds for Divorce? a) Two year separation – March, 2005 b) One year voluntary separation – 1 yr from date they agree to end marriage (facts don’t demonstrate mutual and voluntary agreement at this point) Joyce’s “help” through medical school: Alimony? a) Whether to order? Look at statutory factors. Pro Against Duration of marriage Joyce’s ability to be self-supp Joyce’s Mon/Nonmon contrib. Joyce’s age & health Michael’s fin resources Circumstances of separation

b) What kind of alimony? Statutory presumption in favor of rehabilitative/ temporary unless exception – none here Marital Property: Three Steps What is Marital Property? What is its value?

Total Marital Property: $300,000 *Appreciation passive; wd be marital if active **Law degree not property in MD & majority of jurisdictions *** Most of value of solo law practice is goodwill. MD rule: lawyer’s goodwill not a saleable asset

3) Do you need a monetary award to adjust the equities? Ask: a) What is the value of marital property each party wd get w/out monetary award: $150,000 wife $150,000 husband b) Is the result equitable analyzing statutory factors or do you need a monetary award to adjust equities 50/50 split w/out award makes sense so probably don’t need mon. award in this case to adjust equities

4) a). Ct can grant use and possession order 4) a) Ct can grant use and possession order for family home and family use possessions for up to 3 years if 1) Joyce gets custody of minor children, and 2) Joyce can establish that Baltimore home is still family home b) Must establish nexus between exposure to girlfriend and harm to children – unlikely Joyce can show this so unlikely she will get order restricting Michael’s visitation with children