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Recent Blog Posts

¿Qué significará mi divorcio para mi solicitud de naturalización?

 Posted on September 20,2023 in Immigration

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Para los no ciudadanos que se han casado con ciudadanos estadounidenses, su matrimonio es más que simplemente una unión de amor y dedicación. También es el vehículo más directo para poder obtener la residencia permanente o la ciudadanía estadounidense.

Cuando ese matrimonio termina, además de afrontar los desafíos de la división de la propiedad y la custodia infantil, el cónyuge no ciudadano también tendrá que tomar en cuenta lo que significa para su futuro aquí en los Estados Unidos.

Opciones para un residente condicional

Sus primeros pasos dependerán de su estatus migratorio. Si usted tiene la residencia condicional basada en su matrimonio con un ciudadano estadounidense, perderá la fundación de su solicitud cuando se finalice el divorcio.

Esto no significa que será deportado inmediatamente. Sólo significa que usted tendrá que tomar pasos legales para eliminar las condiciones si desea quedarse en este país después de su divorcio (enlace en inglés). Si sigue este proceso correctamente, es posible que pueda seguir con el proceso de naturalización a través de otro proceso, aun sin estar casado con un ciudadano.

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Understanding the concept of nesting

 Posted on September 18,2023 in Family Law

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When parents separate or divorce, they have several custody arrangement options they can consider as they move forward in their lives. One of these arrangements is nesting, which provides a child-centered option for the family's living situation.

How does the nesting arrangement work?

When a family chooses the nesting arrangement, the parents decide to keep the children in the family home permanently while the parents move in and out depending on when their parenting schedule indicates they are the ones on duty. When a parent is off duty, they might stay somewhere else, such as in a rented apartment or with family or friends. In some situations, they might stay in the family home but in another area, such as an attic or basement apartment. Depending on the family's situation, this arrangement might be active for a brief time, such as during the duration of the divorce process. Some families may choose to continue the nesting arrangement for a limited time, such as until the children finish the school year. Others may choose this arrangement indefinitely.

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What does it mean to be charged with theft of services?

 Posted on September 11,2023 in Criminal Defense

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Did you know that Maryland's theft laws make it illegal to receive services from a business or entity without providing compensation? In other words, engaging a company for their services and not paying for what you obtain is a crime.

Theft of services falls under Maryland's general theft laws. The repercussions of a conviction can impact your life significantly.

What are some examples of this offense?

Theft of services occurs when someone obtains valuable services through deception, force, threat or other unlawful means and does not provide compensation. For example, someone might eat at a restaurant and leave without paying for their food.

Other examples include:

  • Illegally diverting WiFi or cable services to a residence
  • Adjusting an electric or gas meter to decrease the amount owed on utility bills.
  • Riding public transportation without buying a ticket or paying the fee

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¿Tengo que dejar que la policía me abra el baúl?

 Posted on August 30,2023 in Criminal Defense

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Puede ser difícil saber qué decir o cómo reaccionar en una interacción con la policía. Nadie quiere ir a la cárcel innecesariamente, así que puede ser tentador acceder a todo lo que pide la policía para evitar problemas. Es verdad que es importante colaborar con la policía y no resistir el arresto, pero también es importante saber cuales son sus derechos constitucionales, y cómo vindicarlos si se violan.

Cuando la policía puede revisar un auto

La Cuarta y la Quinta Enmiendas de la Constitución estadounidense crean ciertas limitaciones para la policía. Por ejemplo, si la policía lo arresta a usted, pueden registrar el auto. También pueden registrar si piden permiso y usted dice que sí. Muchos no saben que tienen el derecho de decir que no cuando la policía pide permiso para revisar el auto, entrar en la casa, u otro tipo de registro.

Otra situación en que la policía puede revisar el contenido del baúl u otra parte del auto de usted sin su permiso es si tiene causa probable.

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Co-parenting as the school year starts

 Posted on August 14,2023 in Family Law

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It is the time of year when kids and teens start returning to the hallways of the nation's elementary, middle and high schools in droves. Whether kids attend school in person or virtually, the start of the school year can be an exciting time, and it can be an anxiety-inducing time for kids and parents alike.

While all parents of school-age children and teens have challenges to navigate at this time of year, co-parents who are no longer romantically involved tend to weather some unique stresses. Most of the time, there is a significant parenting time shift that occurs when school starts. One parent who may have seen a lot of their kids during the summer may be seeing far less of them during the school year and vice versa.

Even when this kind of switch isn't relevant for a dual-household family, getting used to the scheduling realities of the school year is not an insignificant undertaking and can cause a great deal of stress. Knowing how to address potential stressors proactively can help make the transition to the school year easier for everyone.

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Getting divorced while owning a medical practice

 Posted on July 19,2023 in Family Law

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Owning a medical practice in Maryland comes with plenty of responsibilities, and it can also be a major source of stress if your marriage should come to an end. In this case, you may find yourself worrying over the loss of your practice. To ensure you have the best outcome, you will want to do the following.

You'll have to decide what to split

One of the most agonizing aspects of a divorce will be deciding just how to split up all your various assets. This is particularly true in the case of medical practice.

Your spouse may insist on hiring a forensic accountant to go over the books and take stock of your practice. They will make an exact accounting of items such as your office lease, accounts receivable, furniture, office equipment and other materials used to run the practice. This is a request that may come backed up with a court order.

This accounting will be conducted in order to ensure that your spouse gets their rightful share of the assets. You should also consider any stocks or shares that you own in connection with the practice. If you have partners, they should be informed of any changes that may take place due to your divorce.

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How to handle custody disputes with a difficult spouse

 Posted on July 02,2023 in Family Law

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Custody of the children is one of the divorce areas most likely to cause heated disputes. It's understandable with so much at stake, yet you need to do your best to avoid them. Not only can they prolong the divorce and worsen relations between you and your soon-to-be ex, but they can do considerable damage to your kids.

But what if your spouse seems intent on turning custody negotiations into a battle?

Do not react in anger

The judge has no interest in listening to you pick holes in each other's past behavior and nor do your children. Just because your ex says something bad about you, or refers to a mistake you once made, does not mean you need to return the favor. You need to take the high road and treat them with respect, even if they are not doing the same for you.

Try to move the conversation forward

Firstly, you need to understand what outcome you want as you can't focus on a goal until you determine that goal. If your spouse attempts to take the conversations in a different, unhelpful direction you need to bring things back to keep you moving toward the goal.

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3 best practices for motorists during a DUI traffic stop

 Posted on June 19,2023 in Criminal Defense

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It is safe to assume that nearly everyone understands the dangers of driving while drunk. Unfortunately, the efforts of lawmakers to deter drunk driving have made things more difficult for all motorists.

Nowadays, you must be ready if the police pull you over on suspicion of drunk driving. The following DUI traffic stop tips can help you maintain your best behavior whileprotecting your rights.

1. Stay respectful and polite

Once an officer stops your vehicle, it does not matter if you are sober, so making a big fuss about it will not help your case. At that point, you are already involved, and there is an official record of the encounter. However, you can pad the experience in your favor by remaining calm, courteous and respectful. Getting angry or antagonizing the police could worsen your situation.

2. Watch what you say

Did you know you are not legally required to answer every question the police ask during a traffic stop? You shouldn't lie, but you can politely inform them that you cannot answer questions without legal representation. Police officers look for probable cause of drunk driving throughout these encounters. What you say can be used against you.

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What does zero tolerance mean for underage drivers?

 Posted on June 07,2023 in Criminal Defense

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Like many other states, Virginia uses zero-tolerance laws when it comes to underage drivers. These are any drivers who are 21 years old or younger, meaning there is generally a gap of about five years in which a driver could fit into this age group.

When looking at zero-tolerance laws, they referred to this driver's blood alcohol concentration (BAC). Most drivers are held to a standard of 0.08%. But zero tolerance means that a positive test could lead to a drunk driving arrest, even if that driver is well below the 0.08% limit.

Why is this done?

The general reason for this is that those who are under 21 are not allowed to drink in the first place. They shouldn't even be able to buy alcohol, and they certainly cannot possess it illegally. If it is found in their system, since they've already broken this law, then it exposes them to the potential for drunk driving allegations.

Could this be problematic?

There are some potential problems with zero-tolerance laws. For one thing, the driver may not actually feel that impairment at all.

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2 mistakes that can hurt your child custody case

 Posted on May 24,2023 in Family Law

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Divorce, in and of itself, is often a difficult process. The process becomes more challenging when kids are involved and the parents cannot seem to agree on the child's post-divorce living arrangements.

It is not uncommon for each parent to do everything in their power to get a custody order that favors them. In the process, they might end up making costly mistakes that could significantly derail their custody case. Here are some of these mistakes:

Taking your fights online

Social media can be a great platform for interacting with family and friends and sharing your mind with the world. However, when you have any legal matter on your hands, it is important that you are mindful of your social media activity.

Taking to social media to express your dissatisfaction with your spouse can only hurt your custody case. Do not disparage, mock or threaten your spouse. In fact, you are better off avoiding social media altogether during your divorce process.

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