For many Maryland couples, divorce later in life looks very different from divorce at age 35 or 40. “Gray divorce” generally refers to the divorce of spouses age 55 or older, and has become a more visible part of the family-law landscape.

National research continues to show that while divorce rates have fallen for many younger age groups, they have increased for adults age 45 and older over time, with especially sharp growth among adults age 65 and older. See Age Variation in the Refined Divorce Rate, 1990 & 2023, www.bgsu.edu.

In Maryland, gray divorce cases often involve long marriages, accumulated retirement assets, real estate, and difficult questions about support and financial security. The legal framework is the same as any divorce, but the practical issues can be more complicated – there is usually more to divide, less time to recover from a major financial reset, and oftentimes interests from children focused on inheritances.

What counts as a gray divorce?

Gray divorce is not a separate legal category under Maryland law. It is simply a term commonly used for divorce involving older spouses, usually those age 55 and up. What makes these cases different is not a special statute. It is the stage of life: retirement may be near, the marital home may represent a large share of the family’s wealth, one spouse may have been out of the workforce for years, and pensions or other deferred compensation may be central to the case.

How divorce works in Maryland in 2026

As of 2026, Maryland recognizes three grounds for absolute divorce: (1) 6-month separation, (2) irreconcilable differences, and (3) mutual consent. Maryland also does not recognize a separate status called “legal separation.” Therefore, if spouses have lived separate lives for at least six months, they may pursue divorce on that ground, even if they remained under the same roof while living separate lives.

Mutual consent can be especially important in gray divorce matters because it allows couples to resolve the case by agreement and proceed with a simple uncontested divorce. Under Maryland law, mutual consent requires a written settlement agreement signed by both parties that resolves alimony, property distribution, and any issues involving minor or dependent children.

Why gray divorce can be more financially complex

In later-life divorce cases, the biggest questions are often financial. Maryland courts determine which assets are marital property, value that property, and may grant a monetary award or transfer certain interests to adjust the equities between the parties. Importantly, Maryland law specifically allows the court to transfer an interest in a marital asset, such as a bank account, investment account, or even a retirement account.

That matters because retirement assets are frequently among the most valuable components of a long marriage. Dividing them is not always as simple as splitting a checking account. In many cases, an additional order is needed to carry out the transfer of retirement benefits, such as a QDRO, COAP, or similar retirement-benefit order that complies with the plan’s requirements.

The marital home can also become a major point of dispute. One spouse may want to keep it for stability or sentimental reasons, but keeping a home is only part of the equation. The real question is whether that spouse can realistically afford the mortgage, taxes, insurance, maintenance, and any buyout needed to resolve the other spouse’s interest. Maryland law allows the court, in appropriate circumstances, to authorize a transfer of an interest in the parties’ jointly owned principal residence or permit one party to purchase the other’s interest. But there must be the ability for the spouse ‘keeping’ the home to buy-out the divesting spouse.

Alimony is often a central issue in gray divorce

Alimony can be especially significant in a gray divorce. In many long-term marriages, one spouse may have sacrificed career development, earning capacity, or retirement savings to support the family or the other spouse’s career. Maryland law directs courts to consider a wide range of factors when deciding alimony, including the length of the marriage, the standard of living during the marriage, each party’s age and health, the ability of the spouse seeking alimony to be self-supporting, each party’s financial resources, and each party’s right to receive retirement benefits.

Maryland law also permits indefinite alimony in some circumstances. That can be particularly relevant in later-life cases where, due to age, illness, infirmity, or disability, one spouse cannot reasonably be expected to make substantial progress toward becoming self-supporting, or where the parties’ post-divorce standards of living would remain unconscionably disparate even after reasonable efforts at self-support. However, these issues can be particularly complex when the payor spouse may be approaching retirement or in retirement status.

Practical issues gray-divorce clients should address early

A spouse considering a gray divorce in Maryland should usually start by gathering a complete financial picture. That often includes retirement-account statements, pension information, tax returns, mortgage information, brokerage and bank statements, insurance information, estate-planning documents, and any documents tied to deferred compensation or stock-based benefits. The more complete the financial record, the better positioned your attorney is to evaluate settlement options or prepare for litigation.

It is also wise to think beyond the divorce decree itself. A later-life divorce often requires related changes to beneficiary designations, powers of attorney, health-care directives, wills, trusts, and long-term financial planning. Even when the divorce case is resolved, failing to update those related documents can create avoidable problems later.

A thoughtful approach matters

Gray divorce is rarely just about ending a marriage. It is often about restructuring an entire financial life after years or decades of shared decision-making. In Maryland, that means carefully evaluating support, retirement assets, the marital home, and the best path to a fair and workable resolution under current divorce law. Interests from others, including children, may complicate the approach as others introduce their own desires as a source of influence.

If you are considering divorce later in life, getting legal advice early can make a meaningful difference. A Maryland family law attorney can help you understand your options, protect your financial interests, and develop a strategy that fits the realities of this stage of life.

ALERT Act Pushes Past the House Subcommittee, Senate Commerce Committee Leaders Say It Falls Short and Support the ROTOR Act

Following the release of the National Transportation Safety Board (NTSB) findings after the January 29, 2025, midair collision between American Airlines Flight 5342 and a United States Army Black Hawk helicopter on approach to Ronald Reagan Washington National Airport (DCA), Congress is poised to enact new aviation safety requirements.

The Senate prefers the Rotorcraft Operations Transparency and Oversight Reform Act (ROTOR Act) while the House subcommittee voted on a broader alternative, the Airspace Location and Enhanced Risk Transparency Act (ALERT Act).

The bills take different approaches, but both would expand collision-avoidance and traffic-awareness requirements and close exemptions that have permitted certain military aircraft to operate near airports without broadcasting their locations. The two bills reflect a tension in legislative responses to aviation incidents:

  • Implement the most urgent safety measures as quickly as possible
  • Explore a comprehensive package to address the full scope of the problem

What is the ALERT Act?

On March 26, 2026, the House Transportation and Infrastructure Committee unanimously approved its portion of the Airspace Location and Enhanced Risk Transparency (ALERT) Act of 2026 (H.R. 7613) introduced in response to various aviation safety issues raised by the 2025 midair collision between American Airlines Flight 5342 and a UH-60 Black Hawk helicopter at Ronald Reagan Washington National Airport (DCA).

The legislation was passed by the subcommittee with a vote of 62 to 0. The Bill was first introduced in February 2026 following the National Transportation Safety Board’s (NTSB) investigation of the accident. The legislation includes improvements that respond to the scope of the safety issues raised after the release of the NTSB’s investigation.

“The ALERT Act is a comprehensive package that addresses the probable cause and contributing factors of the tragic crash that occurred in our nation’s capital in 2025, and it addresses all 50 safety recommendations issued by the NTSB following their investigation,” said Chairman Sam Graves.

Key provisions of the ALERT Act include:

  • Improve safety throughout the nation’s airspace for every user of the airspace and the flying public
  • Technology to enhance flight crew alerting and air traffic controller situational awareness
  • Commercial airliners will upgrade to ACAS (Airborne Collision Avoidance System Xa), the next generation of collision avoidance technology
  • Updates to helicopter route safety and separation requirements
  • Air traffic control training, processes, and procedures to ensure safety

Various aviation stakeholder groups are supporting the text of the Bill, including the Aircraft Mechanics Fraternal Association (AMFA), which stated the bill strengthens safety, improves transparency, and reinforces the shared commitment to protecting the flying public and the professionals who maintain our nation’s aircraft.

First Officer Nick Silva, president of the Allied Pilots Association, on behalf of 16,000 pilots of American Airlines, stated the inclusion of labor’s voice ensures the bill is not just a policy document, but a practical tool that supports aviation professionals in their daily mission.

The National Air Traffic Controllers Association stated the legislation will enhance aviation safety for commercial aviation, general aviation, and military aircraft, as well as the flying public and citizens on the ground.

The House Armed Services Committee and Department of Defense reversed their position on the ROTOR Act in February 2026. Sean Parnell, Pentagon Spokesperson, stated that the bill “would create significant unresolved budgetary burdens and operational security risks affecting national defense activities.” House Armed Services Committee Chairman Mike Rogers characterized the ROTOR Act as “a flawed response” that would give the FAA authority over which military aircraft must carry ADS-B equipment and when it must be activated—broadcasting location data.

What is the ROTOR Act?

The Senate passed the ROTOR Act unanimously in December 2025. While many appreciate the Committee’s work on the ALERT act, they state the legislation fails to require a comprehensive traffic awareness, traffic alerting, and collision avoidance system that expands pilots’ situational awareness and provides earlier traffic alerting, which is enabled by a full ADS-B In suite of technology. Specifically, the bill only requires ADS-B In on all aircraft currently required to have ADS-B Out by the end of 2031, but requires commercial airliners to skip straight to the next-generation airborne collision avoidance system (ACAS) XA that uses ADS-B In data.

The ROTOR Act addresses a straightforward problem: pilots can’t avoid what they can’t see. Even with recent amendments to the ALERT Act, Senate Commerce Committee leaders on both sides of the aisle still object to the legislation, stating it falls short on strong and clear requirements for common-sense situational awareness technology recommended by the NTSB 18 times…” Any legislation that is expected to pass both the House and Senate will have to apply the strongest ADS-B In safety standards to all aircraft, civil and military, ensure accountability to broadcast ADS-B Out, and reform airspace rules to ensure an accident like Flight 5342-PAT 25 collision never happens again.”

According to the NTSB, had both aircraft been properly equipped with ADS-B In, the airline crew would have received a traffic alert roughly one minute before the collision—rather than the approximately one second of awareness they ultimately had.

Ted Cruz (R-Texas), chairman of the Senate Committee on Commerce, Science, and Transportation along with Ranking Member Maria Cantwell (D-Wash.), released a joint statement highlighting limited safety reforms in the text of the current bill.

The Air Line Pilots Association, International (ALPA) press release on March 26, 2026, states the ALERT Act does not properly require the life-saving technology of ADS-B In suite, which is specially designed to:

  • Improve the pilot’s situation awareness
  • Provide early alerts to assist in preventing mid-air collisions
  • Provide a flight deck display of traffic information to alert pilots
  • Provide directional alerts for pilots with symbols and aural alerts of clock position, relative altitude, range, and vertical tendency

View the statement.

The families of Flight 5342 made a post on X, acknowledging that the ALERT Act has made progress, yet fully supporting the ADS-B In implementation right away with a statutory mandate and enforceable deadlines that require the FAA to act. “Any safety requirement that routes implementation through negotiated process, administrative discretion, or multi-step rule-making creates opportunities for delay that cost lives.” In the statement, they seek to set clear statutory timelines and performance standards that leave no room for process to become an obstacle. View the statement.

Labor organizations, including ALPA, the American Federation of Labor (AFL-CIO), the Internation Association of Machinists and Aerospace Workers (IAM), the International Brotherhood of Teamsters (IBT), and the Transport Workers Union of America (TWU) have stated they cannot support the ALERT Act in its current form as it fails to implement the strongest possible pro-safety requirements. “All commercial aircraft operators must equip their fleets with integrated Automatic Dependent Surveillance-Broadcast In (ADS-B In),” stating the ALERT Act prioritizes a separate technology called ACAS-Xa, which does not provide sufficient alerts. The system is suppressed at low altitudes and in the airport environment, it does not include critical features for early alerting and directional traffic symbols, rate of climb, or offer the visual and aural alerts indicating clock position and relative altitude, which would allow pilots to take evasive action. The ACAS-Xa system would not have prevented the PSA Flight 5342 Crash. View the statement.

Next Steps

Regardless of which bill proceeds forward, new requirements are proposed for the aviation industry: adding ADS-B In equipage for aircraft operating near airports; upgrades or replacement of existing collision-avoidance systems; revising airspace procedures where helicopter and other air traffic mix; and eliminating military exemptions from location-broadcasting rules in the Washington, DC region.

Get the facts. Get educated.

JGL attorneys Drew LaFramboise, Bridget Cardinale and Andrew Greenwald will be honored by Virginia Lawyers Weekly on April 30, 2026, at the publication’s Hall of Fame celebration.

The team of litigators is being recognized for securing one of the top settlements in Virginia in 2025, a $17.75 million aggregate settlement on behalf of numerous first responders injured in a home explosion.

The Department of Justice announced a four million dollar settlement to resolve False Claims Act allegations of unnecessary vein restoration procedures against CVR Management, LLC, the Center for Vein Restoration (collectively hereinafter, “CVR”), the Center for Vascular Medicine, LLC (“CVM”) and Sanjiv Lakhanpal, MD, FACS. CVR and CVM have vein treatment offices in multiple states and in the District of Columbia, with sixteen locations in Maryland.

JGL partners, Jay P. Holland and Veronica Nannis, represented the whistleblower throughout this more than decade-long process. JGL’s client, a former employee of CVR, filed the complaint under seal in November 2015 under the whistleblower process (qui tam) of the False Claims Act. The complaint alleged that over the course of many years CVR engaged in a pattern of up-coding and false billing to the Medicare, Medicaid and TRICARE federal health insurance programs for performing unnecessary and invasive vein repair procedures instead of first utilizing more conservative treatments as required by law. These practices, it was alleged, caused patients to undergo medically unnecessary procedures, putting patients at risk and defrauding federal and state programs of millions of dollars in taxpayer money.

The procedures were intended to treat chronic venous insufficiency, sometimes called venous reflux, which refers to the improper functioning of the vein valves where blood pools in the veins, weakening them and creating varicose veins, cramping, swelling, or skin discoloration on the affected leg and sometimes ulcers or skin necrosis on the legs. Neither Medicare, Medicaid, nor TRICARE cover the treatment of varicose veins for cosmetic reasons alone. Treatment for chronic venous insufficiency must be accompanied by certain other conditions and only after the patient has undergone a specified period of alternative, more conservative treatment options that prove unsuccessful. Instead, the whistleblower complaint alleged that the defendants routinely performed more complex, expensive and invasive procedures without trying safer alternatives, and which were not clinically indicated or medically unnecessary.

JGL’s client sought to stop this practice by bravely coming forward to the Department of Justice. Those efforts have now successfully met that goal by protecting patients from these unnecessary and invasive vein procedures, and by stopping the fraudulent billing of government insurance programs. The settlement was featured in a Law360 article “Vein Restoration Co. Will Pay $4M To End False Claims Suit,” which was published on March 20, 2026.

JGL’s Jay Holland and Veronica Nannis are honored to represent the whistleblower in this case. They are also thankful for the assistance of co-counsel Jay Miller at The Angelos Law Firm, and for the comprehensive investigation performed by the experienced government attorneys dedicated to this case, and particularly Assistant United States Attorney Tarra Deshields from the United States Attorney’s Office for the District of Maryland.

“The government’s commitment to investigating and wholeheartedly pursuing this case underscores its keen desire to protect patients, root out fraud and protect taxpayer dollars,” said Jay.

Greenbelt, Maryland based Joseph, Greenwald & Laake filed the lawsuit in November 2015. Case Number PX-15-3591.

In a March 4, 2026, article published by Law360, Veronica Nannis discusses the recent Department of Justice report that illustrated the Trump administration’s continued FCA enforcement in 2025, including a record $6.8 billion enforcement haul.

The historic, expanding enforcement has been a trend in recent years, culminating in 2025’s “eye-popping” dollar amount, Veronica said.

The administration’s focus on fraud in the areas of DEI continues to be both a priority and without precedent, Veronica explained. She also predicted that any DEI or gender-affirming care-based enforcement areas would not withstand future administrations as easily as more bipartisan areas, such as Medicaid and defense fraud.

“It will be very, very difficult — an uphill battle — to prove that a company knowingly violated an executive order that changed, or seemed to change, the interpretation of the executive orders before that, and/or federal law before that, like Title VII and Title IX,” Veronica said.

Read the full article “Trump’s FCA Expansion Plan Heightens Compliance Risk.” (PDF)

In a February 25, 2026, article published by The Daily Record, Lindsay Parvis discusses the important role parenting coordinators (PCs) play in helping families reduce conflict and support children during and after divorce. A family law attorney at JGL, Lindsay also serves as a parenting coordinator and notes that PCs are particularly useful when one party’s challenges disrupt an established parenting schedule.

“It might be around a parent who has substance issues,” she explained. “Having a parenting coordinator be able to step in and work with the family on how to adjust the parenting time schedule (is helpful) so that folks aren’t in the situation where every time something goes wrong they have to go back to court.”

Parenting coordinators are neutral third parties focused on the best interests of children and may be appointed by the court, recommended by counsel, or retained by parents directly.

Lindsay emphasized the importance of clearly defining the parenting coordinator’s role at the outset. “When parents choose to work with a parenting coordinator, the more detailed they can be about the responsibilities and scope of services – whether it’s a settlement agreement, a parenting plan or a custody order – the more helpful it is for expectation-setting for everybody.”

Read the article “Parenting coordinators help clients tune in to each other” on The Daily Record website (subscription required).

On February 3, 2026, Governor Wes Moore announced substantial progress towards safer roads in the State of Maryland. He attributed the decline to urgency and data-driven strategies, aimed at saving lives.

  • According to early data, traffic fatalities fell 18% in 2025.
  • Fatalities: 582 in 2024 ↓ 480 in 2025
  • 2025 ranks among the five lowest fatality counts since 1960 in the State of Maryland.
  • First-time crash fatalities in Maryland have dropped below 500 since 2014.

Governor Moore emphasized the power of coordinated action, sustained investment in our communities and throughout the transportation systems, particularly in high-risk corridors. The largest gains were seen among:

 20242025% drop
Pedestrian and bicycle fatalities:17311533%↓
Motorcycle fatalities:90446%↓

Ongoing Programs for Safety in Maryland

The Maryland Department of Transportation (MDOT) has developed the Pedestrian Safety Action Plan (PSAP), which seeks to make our streets safer for everyone by making them safer for pedestrians and cyclists. The plan will improve safety by providing specific actions and strategies and prioritizing corridors through a datadriven process guided by land use context and supported by community input.

Chrissy Nizer, Maryland Department of Transportation Motor Vehicle Administrator, states, “The reduction in roadway fatalities shows what’s possible when state and local partners work together with a shared focus on saving lives.”

Another key program is the MDOT Serious About Safety, which is the heart of DOT’s commitment to safety, emphasizing that roadway safety is a shared responsibility, not an option. Serious About Safety​ initiatives include:

  • MDOT-led Initiatives: transforming business practices to prioritize safety in every project and policy
  • Legislative Action: collaborating on legislation essential for enhancing safety outcomes
  • Collaborative Advocacy: leading and partnering to deliver measurable action to improve outcomes
  • Customer Engagement: raising awareness through outreach

Through 2026-2030, Maryland has developed a Strategic Highway Safety Plan (SHSP) to help achieve the goal of zero roadway deaths. In 2019, the Maryland General Assembly adopted Vision Zero legislation with a goal of eliminating motor vehicle-related fatalities and serious injury by 2030, emphasizing infrastructure, driver behavior, enforcement, education, and emergency response.

How Can Maryland Citizens Become Involved?

“All of us behind the wheel to those walking on the street share a responsibility in keeping Maryland’s roads safe. I encourage everyone to keep making safe choices, pay attention, slow down, and drive sober,” stated Maryland Department of Transportation Acting Secretary Katie Thomson.

MDOT asks all citizens to:

  • Take the Pledge & Practice Safe Driving: Vision Zero Safety Pledge
  • Report Infrastructure Issue: for unsafe road conditions
  • Engage in Local Advocacy: participate in Vision Zero meetings in your community
  • Participate in Education Events: Attend or host safety events.
  • Support Legislation: advocate for stronger safety laws, including speed safety cameras
  • Utilize Resources: access education materials from Zero Deaths Maryland

Local County Programs where you can be involved:

If you have been involved in a motor vehicle accident in Maryland, contact the experienced attorneys at Joseph Greenwald & Laake, P.A.

Get the facts. Get educated.

What actually happens once you file for divorce in Maryland? In Part 2 of this practical, plain-English series, David Bulitt and Christopher Castellano walk you step-by-step through the real mechanics of a divorce case: from jurisdiction and venue to temporary (pendente lite) support, custody hearings, discovery, settlement options, and final judgment.

You’ll learn what courts actually look at when deciding custody, how equitable distribution works in Maryland (and why it’s not automatically 50/50), what happens if someone hides assets, and why most cases settle before trial. The episode closes with critical post-divorce to-dos and practical advice that can save you time, money, and stress. If you’re navigating divorce in Maryland, this episode offers the clarity you need before taking your next step.

If you missed the first episode in this series, Maryland Divorce Basics: Costs, Emotions and New Legal Grounds Explained (Part 1), you can catch up by listening to the episode.

David Bulitt: [00:00:00] Welcome to JGL Law for You. JGL Law for You is a podcast by lawyers, but not for lawyers. Only on JGL law for You do we discuss a wide array of topics to help you navigate the many legal processes, developments in the law, other current events, and how they may affect you, your family, or your business.

We are back on JGL Law for You, part two of essentially the nuts and bolts of divorce in the practice of divorce. What happens during a divorce in the state of Maryland? Part one, we talked a lot about what the laws are. We talked a lot about fault grounds and so forth, and what you can do to prepare for the divorce itself.

So today we’ve got my good friend and law partner, Chris Castellano, back to kick us off in part two of this, which is now we’re ready to file or now the case is ready to go forward. Chris, welcome.

Christopher Castellano: Yeah. Thank you very much, David.

David Bulitt: Alright, so let’s pick up with, okay, you’ve got your client and now the process [00:01:00] starts and you’re ready to actually file for divorce.

Let’s talk about what questions you might ask and what issues might come up at that point in time.

Christopher Castellano: Yeah, so one of the first questions I ask my clients, even before they sign a retainer, you need to understand what county are you in, where are we, where are we going to be filing, should we need to do that?

Because one of the first issues in your case is venue and jurisdiction, and that’s something that we need to figure out first. Our office is primarily located in Montgomery County, Maryland. So, most of the clients that we get are going to be Montgomery County based and some of the other local counties.

But if you’re living in Maryland, Montgomery County, you’re able to file for divorce in Montgomery County. For instance, generally speaking, for jurisdiction in Maryland, you need six months of residency in the state before you can file in the state for a divorce. That’s one of those first primary [00:02:00] questions that I’m ticking off the checklist of how we start a case.

David Bulitt: What’s the difference, Chris — for those of us out there that aren’t lawyers — what’s the difference between venue and jurisdiction?

Christopher Castellano: Well, at a basic level, for our listeners, the jurisdiction for what we’re talking about is Maryland having jurisdiction to hear the issues in your case, as well as what we’ll call geographic jurisdiction.

Venue is the specific county. That’s the high-level version of this in differentiation. So, when I’ve got a client that says, “Hey, I live in Montgomery County and my husband or my wife, they live in Montgomery County in a separate house,” okay, well your venue’s going to be Montgomery County.

It then starts to get a little bit more interesting if one person’s moved out, and maybe they’re living in Howard County, maybe they’re living in PG County or Frederick, and then you’ve got a question where you’re filing at that point. But that’s kind of the very basic understanding and explanation of [00:03:00] venue versus jurisdiction.

David Bulitt: During the course of the litigation, let’s say you filed a lawsuit, but you’ve got a client who — and we all know that the wheels of justice don’t turn all that rapidly — generally speaking, you have a client who needs support, needs money for either child support or spousal support. Is there a way to get that for that client while the case is pending?

Christopher Castellano: Well, yeah, that’s what we call in Maryland, Pendente lite day support or relief. That’s what I tell clients: it’s pending litigation.

You filed your complaint for divorce, you have various different needs expressed in the divorce complaint, and you don’t have the ability to wait until your final trial date or a custody trial date. In Montgomery County, we have a custody trial first and then a final divorce trial. That’s not necessarily the case with the other surrounding counties, but nevertheless, the calendar inherently is going to make you wait a certain amount of time.

I would say on average it’s at [00:04:00] least six months. Maybe you could correct me if I’m wrong there, but I’ve seen it basically no less than six months to get a custody trial, which means if you’re in a situation where you need some type of immediate support, whether — that be, like you said, immediate child support or immediate spousal support, maybe even attorney’s fees — or the access arrangement is a mess and you need the opportunity to correct it, a pendente lite hearing is a very brief hearing. Generally speaking, it’s before a magistrate, not a judge. You go before the court and that magistrate to talk about the immediate needs pressing, and you could have a ruling on those immediate needs oftentimes right then and there.

David Bulitt: So, if you need to have that hearing, whether it’s for support purposes or to set a schedule when the children are with their parents, does it matter in the [00:05:00] long term in terms of what the court does at that temporary hearing?

Christopher Castellano: Well, it’s not supposed to, right? But I think we all can acknowledge that it does.

Because if you have an access schedule set by the court on pendente lite basis, and it’s saying every other week — let’s just say 50/50, right — and it’s a week on, week off schedule, what’s going to happen by the time we get to the custody trial is that the kids haven’t been pushed onto the street when they’re with mom or dad.

They’re not getting into trouble; they haven’t failed their classes and they’re not being neglected by one parent or the other, food wise, or medicine-wise or what have you. The reality is that the court’s going to say, “Well, I’ve got a situation here at the custody trial that for the last eight months — or realistically five months — you’ve had a PL schedule and it’s worked.

What the court’s really looking at in these cases is what is in the best interest of these [00:06:00] children. What works for them? So, a PL schedule is very important because it can set the tone for your case and it really shifts it away from what do you want for the kids to the court’s first opportunity to say, what does the court think is best for the kids?

David Bulitt: So is it more likely or less likely that when you get to a final hearing on whether it’s access or support issues, a judge at that point in time is going to give deference to that pendente lite, that temporary order

Christopher Castellano: I personally, I think they’re always going to give deference. I think they’re always going to look at it as if another individual in this courthouse ruled this way and recommended this based on what they heard.

Now there’s a big caveat there, right? A custody trial is generally two to three to four days long, which means for a four-day trial, each side gets two days to present evidence, testimony, and [00:07:00] argument about why a certain custody situation should or should not happen. A PL in, in Montgomery County now is three hours. That’s an hour and a half each, which means that what you’re presenting to the court is very limited.

Now, I think you’re going to struggle —and this is entering into advice, and we should say, again, I’m not offering legal advice here, but just general impressions — once you go through a PL hearing, and the court’s ruled one way based on the high level, highlight real facts that affect the children, the court’s going to say, “Show me something that’s really having an impact on the kids.”

Yeah, you may not like it. You may not like your husband; you may not like your wife. You may not like the situation that I’m about to order here, but the PL order has been happening and the kids are fine. So, tell me why I should go away from what the court’s already ordered. I mean, how many times, David, have you had a judge that used [00:08:00] that exact phrase: “Tell me why I shouldn’t do this?”

David Bulitt: Alright. Even though, even though that judge is not supposed to do that.

Christopher Castellano: Oh, absolutely. But at the end of the day, they’re not supposed to, but the court has now a track record. And frankly, what the court’s tasked with is, “Hey, this couple has separated. That’s a terrible situation for these kids, and now there’s a new access arrangement.”

Now I’ve got evidence of five months — and I keep going back to that, so we’ll just use five months of access happening based on this schedule. So, I have actual evidence of how that’s working.

David Bulitt: Real data.

Yeah. Mm-hmm.

Christopher Castellano: There are so many analogies I can use, sports-wise, motorsports-wise, whatever it may be. But the fact remains is that when you have that data to work with, that’s as good as gold. If the court’s looking at that data, they’re going to say, “Okay. I’m not paying deference to the PL order necessarily. I’m looking at the last [00:09:00] five months, and the kids are okay.”

David Bulitt: Okay, so let’s shift a little bit from that area of things to what happens in terms of getting documents, exchanging documents, and the discovery process that a lot of people have questions about. What is it? What are you able to get? What happens if people try to hide things? That’s a lot of questions built in there, but this is a top-down episode, so let’s do it.

Christopher Castellano: Yeah. So, everyone knows and they’ve heard about discovery. They’ve watched TV shows. They’ve seen all the different examples — if you’ve watched Suits, you’ve watched LA Law, you’ve watched whatever it may be — and everyone’s talking about like the 40 boxes in their litigation case against a major corporation.

Okay? That’s discovery. Now, is your divorce case going to have 40 boxes of documents? No, not a chance, but. What you’re going to do is still engage in a very thorough, very wide sweeping discovery. I tell clients when I’m preparing for discovery is that I cast a very, very wide net. I try to get as [00:10:00] much information as I can relevant to your case.

Then, once I get that first batch of information, I start to whittle it down, right? I start to really focus on issues that are really going to impact your case. That’s your broad-stroke approach to discovery, right? And I think frankly, that’s shared by most attorneys out there. I can’t imagine you would do anything else.

So, what is relevant? Well, the reality is that you’re getting divorced, and so your finances are relevant. The access is an issue. So that means that you know, your communication with your spouse is relevant. Communications with your extended family is relevant when it’s specific to items such as your kids, such as your wife or husband or whatever it may be.

When you start to break it down and you can look at it the opposite way: how is this relevant? Okay, well, you know, look at it from the perspective of did you ever talk to your Uncle Frank about your [00:11:00] wife? Well, then that means that text message is relevant, right? You may not understand or appreciate why it’s relevant, but that’s up for the other side to determine its quote-unquote probative value.

So, I tell people that in a divorce case, your whole life is relevant. That’s unfortunate, but that’s the reality of it.

David Bulitt: Do people tell you, look, here’s this document, whatever it may be. Maybe it’s a bank account that they think their spouse doesn’t know about. “Here you go, but I don’t want her to know. I don’t want him to know. I don’t want them to know about it. So don’t produce it.” A: does it happen? And B: What do you do?

Christopher Castellano: It certainly happens and people certainly have those requests. That doesn’t fly with me. When we get information that the other side’s entitled to, it’s going to the other side.

I’m a big fan of understanding vulnerabilities in a case and mitigating those risks and vulnerabilities. That’s what we do, David, right? I’m a risk manager more than anything else. I’m a risk manager [00:12:00] and so, you’ve tasked me with the job of mitigating and managing your risks, which means letting the other side know your vulnerabilities and let’s work on how we can mitigate those. That’s my approach, but I don’t play games of hiding the ball or hiding discovery.

David Bulitt: As an aside, what do you do if you find out that the other side is doing that? In other words, we’ve had this happen before, right? You get documents from the other side and then your client says, “Well, hold on a second. There was a bank account at Bank of America. Here’s a copy of the statement from two months ago.” And you got the statement, but the other side hadn’t produced it. What do you do then?

Christopher Castellano: Yeah, then you start — so like I said — your first step in Discovery is sending out those documented requests, right? That’s your wide net. Your next level starts to be more focused.

Okay, well, I didn’t get the — I think you said Bank of America —I didn’t get the Bank of America Money Market account. Right? I know it’s there. I know it’s there. Alright, so then we send out a subpoena to Bank of America. We’re allowed to engage in third party subpoenas and discovery, so we get that information from Bank [00:13:00] of America.

But what I’m also doing, David, is I’m sending a demand to the other side that says, “Hey, listen, we’re well aware of this account, this account, this account, this account and this issue. Hey, you didn’t give me any communications with Uncle Frank, right? You need to give me this stuff. You’re required to give me this stuff. Here’s the rationale as to why you’re required to give this stuff.”

At that point, you know, you’ve got two irons in the fire, right? You’ve got your third-party subpoena outstanding, and then you’ve got your request and your communications with the other side in good faith to try to get information.

It’s how those two items are responded to —whether that be by the Bank of America or the other side, trying to obstruct the Bank of America subpoena or the communication from opposing counsel directly on that issue — and that’s what dictates the next level. That could be filing a motion with the court to try to deal with that.

David Bulitt: I see. So now we’re at the question of what happens? Do most cases go to [00:14:00] trial? Is there another way that cases can be resolved? Talk to us a little bit about that.

Christopher Castellano: I mean, the reality is that most of these cases are settling. I think that you would share that view.

David Bulitt: I would.

Christopher Castellano: That’s certainly my experience. Most of these cases settle, and for good reasons, right? People have had their entire lives controlling the outcome of their lives and decisions, especially when it comes to their kids. I say this not to pass judgment on people that end up going to trial, but the reality is that people start to understand the bigger picture, the reality of the situation, and why it’s actually far more beneficial for their kids to simply settle the case and to dictate the terms of how a case is resolved and not sit in front of a judge who comes out with the same speech: “Listen, I don’t know your kids. I don’t know you, and I’m going to learn about you in the next three days, and I’m going to make a judgment based on what I’ve learned in three days.”

But you know your kids. [00:15:00] Over the past, 16, 15, however many years, and you know your spouse for even longer. So, you’re in the best position to be able to resolve this case, and I truly believe that which is why I certainly encourage people to resolve their cases in a good way. Because no matter what, a solution that is born out of a settlement is always going to be preferable to a trial.

David Bulitt: Yeah, I mean, we’re certainly in the same wavelength there. I tell my folks as we approach the possibility of it, and we’re dealing with custody for just a moment — and access, obviously our decision-making — these parents have the opportunity to make a decision for their family that’s going to affect their family for the rest of their kids’ lives.

Or they can leave that decision up to, you know, someone in a black robe who will open a file the morning the case starts and close it the minute he or she makes a decision.

Christopher Castellano: Then they’re moving on to a criminal case or some contract dispute case. They don’t have the luxury of time to be able to worry about your [00:16:00] case and your family to see if what they actually ordered was good or not.

David Bulitt: Chris, how do cases get settled? I mean, you and I have been around about different options, but how someone out there might say, “Okay, well I want to try to get my case settled.” How do you do that? What are different ways to do that?

Christopher Castellano: As I tell people, your case runs along two different tracks, like two different train tracks with the same ending.

That ending is the solution of your case, right? It’s either going to be once the gavel drops by a judge or once you sign the dotted line for an agreement. You can pass between those two different tracks at any point until that final solution happens, right? So, does that mean that you’re stuck doing litigation or stuck doing settlement? No, of course not, because you could travel freely between the two.

So, if you’re sitting there saying, “Listen, I’ve got a PL hearing coming up on February 14th or February 13th, rather. Yeah, I want to solve that case. I want to resolve it. I don’t want to go do this trial and rip each other apart on the stand.”

Once you have that realization — because I think that the [00:17:00] first step is really having that enlightened approach of, “I think it’s better that I resolve this case and I compromise,” right? The ever-aspired-to goal of compromising with people in this situation. Once you get past that point, it becomes a lot easier to wrap your head around the nuts and bolts, if you will, of how to settle your case. It requires that mentality shift of: I don’t want to go to battle. I want to move on.

David Bulitt: A lot of people come to me and assume that everything that we have between me and my spouse is going to be divided equally. Now, is that true in Maryland?

Christopher Castellano: In Maryland, we don’t necessarily split things 50/50. We’re an equitable distribution state, and that means that the court’s going to analyze the different equities that exist between you.

That means, for example, different reason perhaps that we should deviate away from what would be considered 50/50. As I [00:18:00] tell people all the time, listen, no court’s going to tell you that they’ve got a 50/50, this thing. The reality is — I don’t think I’m speaking out of turn — I think that a lot of judges would probably acknowledge this over a drink with you is that, yeah: they’re going to start at 50/50, but they’re not bound by any stretch to say at 50/50.

They’ve got to see and hear evidence that allows them to say, “You know what? I think that this person used $50,000 in an improper way, and so I’m going to deviate away from that 50/50 to quote-unquote, balance the equities.” So, to answer your question, no, we don’t. We don’t 50/50 everything necessarily. But in common practice, it ends up looking very similar to a 50/50.

David Bulitt: Yeah, I mean, it’s easier if I’m Judge Bull — which thankfully I never tried to be Judge Bull — but if I am, it’s easier and more efficient for me because I got other cases on my docket that are coming up to just draw a line down the middle of the page or divide by two. Rather than saying “This [00:19:00] person treated the other this way, or maybe I should factor in this, and that should have a dollar value to it,” right?

Christopher Castellano: Yeah. I mean, the easiest calculation you could do is X amount of dollars divided by two. So, I think at its core, what does equity mean, right? It’s fairness. If all things being equal, the most fair outcome of a case is split down the middle. So, it’s not wrong to say they’re going to start at 50/F50 because they’re starting at what is considered the most equitable situation.

David Bulitt: Now, let’s shift back to kids for a moment. I know we’re moving through this quickly, folks, because again, this is a top-down sort of view. This is not on the ground; this is from high up. So, let’s slide over to kids for a moment and talk about the differences between legal and physical custody.

What the standards might be in terms of what a court’s going to be looking at when it comes to making a custody award.

Christopher Castellano: Yeah. So, and this is often misunderstood, but it’s critical, right? Legal custody is decision-making. Regarding your minor children on [00:20:00] major issues, that’s not what should Jimmy and Mary wear to school on the first day?

But that could be, why is Jimmy and Mary not wearing a coat out on a 23-degree day? Right. You know, so it’s not a cut-and-dry issue where you just say, “No, this is always going to be a legal custody issue, and this is never going to be a legal custody question.” We could dive into that perhaps a little bit more in-depth.

But generally speaking, legal custody is your biggest decision. We like to think of them as issues dealing with education, health — both medical and mental health — religion, discipline, and the general welfare of the child. So those are legal custody questions.

Physical custody is what a lot of people associate with the question of custody, which is access to my child. In Maryland, it really boils down to overnights with the child, right? You can think of it as, “How many [00:21:00] overnights do I have with my child?” That’s your physical custody.

David Bulitt: Okay, so it’s, it’s more of a schedule.

Christopher Castellano: That’s right.

David Bulitt: Okay. Alright. Is it possible for people to have joint legal custody, but for one parent to have more time physically with the children than the other?

Christopher Castellano: Oh, absolutely. In fact, that’s, I don’t think it’s too much to go out on a limb to say that that’s the majority of the situations is that the court’s going to go ahead and grant joint legal custody, which means that both parents have to sit down and try to make a decision together for the kid. Then your access schedule looks something akin to every other weekend with mom or dad and, you know, maybe a midweek dinner on the off week.

So, it absolutely could look like joint legal custody where you both are making decisions equally, and then physical custody is not exactly equal.

David Bulitt: Okay. Again, folks, sorry for the short circuit. It sounds like the last season of Game of Thrones, for those of you who watched that, which was [00:22:00] sort of. A bit rushed. I don’t know if you watched that show or not, Chris, but I digress.

Christopher Castellano: I, I, I, I,

David Bulitt: Not a Game of Thrones guy?

Christopher Castellano: I’m one of those people who thought that the show ended just fine.

David Bulitt: Okay. Well, there you go. Okay. That’ll be for another show — another discussion. Okay. So, let’s talk about, let’s get away from that, and let’s talk for a moment about you’re now divorced.

What do you get from the court? To tell you that you’re divorced and what is, what is it, and what does it do?

Christopher Castellano: Yeah, so in Maryland, our decree of divorce is called a judgment of absolute divorce, and what it does is that it tells you that you are adjudicated, divorced from your husband or wife. The moving party, which is the party who filed a complaint, and that complaint that was actually heard by the court — and it could be a counterclaim or what some people refer to as a counter-complaint that’s the other side’s version of the same thing — are reflected in that order. Basically, the court’s saying you are divorced as of this day, right?

If you [00:23:00] divorce by way of an agreement. Your divorce decree judgment is going to quote, unquote, incorporate — and it should — but not merge that agreement into the order. If you don’t have an agreement, you’re going to have a much longer order that’s going to stipulate various different terms of the judgment the court found following your trial, it’s going to have custody terms, it’s going to have property terms, it’s going to have support terms, whatever the relief that was requested at trial says — whatever the court was willing to grant, that’s what’s going to be in your judgment,

David Bulitt: Is the divorce final, you know, right away? Or is the judgment been issued?

David Bulitt: Is the divorce final right away once that judgment is issued?

Christopher Castellano: No. The answer is that you have to wait until — this sounds a little silly for our listeners — the clerk actually stamps it.

I should rephrase that, because now they just use a computer program to add a little stamp at the top, so they’re not actually physically stamping it like the good old days. But once the court incorporates it into their system, [00:24:00] it’s considered a final judgment. Even then, David, I would say — and I caution my clients — that your judgment is still technically susceptible to an appeal for 30 days following the date on which the clerk entered that judgment.

So, I always tell people that you have what I consider a provisional final judgment of absolute divorce, which means don’t go get married within the next 30 days. Just save your follow-up marriage until day 31.

David Bulitt: Okay, so now I’m divorced. Let’s get to this sort of last piece. Are there common sorts of to-do items after the divorce is granted?

Christopher Castellano: Certainly. I think that we do a good job of really trying to explain, “Hey, items X, Y, and Z, those are things that happen post-divorce.” That’s going to be retirement entitlements, right? There are various orders that are necessary in order to submit for retirement benefits from your spouse, [00:25:00], but then there’s also understanding the custody reality of your order, assuming it’s a custody order.

So, you need to understand, let’s say it’s setting up supervised visitation, or it’s setting up a parent coordinator, or it’s setting up various communication protocols under the order, like using Our Family Wizard, which a lot of our listeners probably are well aware of.

So, you have to do a very good job — a very thorough job — of reading that judgment and communicating with your lawyer to understand the exact specifics of what your obligations are, what your entitlements are, and how you’re supposed to proceed in the next several months.

David Bulitt: I mean, I have found that a lot of times folks sign this agreement, they get divorced, and then they sort of forget about what they negotiated for, which is unfortunate because you spend a lot of money and time and effort to get that resolution. Or there’s a [00:26:00] judgment that was tried, and you forget what you’re supposed to do or what you’re supposed to get. Have you experienced the same thing with your folks?

Christopher Castellano: In my cases, what I generally experience is, you know, sometimes you certainly get the buyer’s remorse type of people on an agreement, right? There’s no doubt about it. They’re going to say, “Hey, listen, are you sure we bargained for this?”

Oh yes, my friend, we did. This is what you asked for, or this is what you were willing to give up.

Then there are people that certainly try to go back on that. But by and large, I find that there’s a fog of war, if you will, when they’re going through the process of negotiating an agreement, and that’s certainly present. Once the dust settles, they can start to think clearly. That’s usually what causes them to reevaluate and say, “Eh, I’m not sure I’m okay with this situation.”

That’s when you start entering that era of what I call the pre-era of post-judgment litigation and possible modifications. That might be a good topic for [00:27:00] another day, but just briefly put, if you have a judgment or you have an agreement, and you were able to squeak it through because it was just so tough to get this agreement in, but you know that there are some issues and you’re looking at it and saying, “You know what? I don’t know if this is going to work.”

Then, sure enough, you start to look at this, and things are falling by the wayside. They’re not happening the way they should. They’re not happening the way that they were intended to. That’s when you start documenting, that’s when you start understanding exactly what those rights and responsibilities under the contract or under the judgment are, and that’s how you build your case for a post-judgment modification.

David Bulitt: Mm-hmm. Now, one of the things I do, because I have folks and there’s more, and sometimes these agreements, Chris, are like, you know, 25 to 30 pages long. I try to — we try to keep them slimmer if you can. But one of the things I like to do with folks is give them what I call a cheat sheet for your agreement. It’s sort of a — you know, I call it a one-[00:28:00] sheet — which lays out and points to the particular provisions in the agreement but also lays out what you have to do by a certain time.

For example, an ex-husband’s due to pay you X amount of dollars by this date. If you don’t remember, you don’t have to leaf through that lengthy agreement, because you have this sort of cheat sheet instead. I have found that with most clients, it’s very helpful.

Christopher Castellano: Absolutely. I wholeheartedly agree. I also use the summary of the agreement and let them know, “Hey, this is what you are entitled to. Keep an eye out for this. Keep an eye out for this. Let me know when this happens. Let me know if you’re having difficulty collecting this monetary award. Let me know if there’s an issue with the IRA,” or whatever it may be.

That’s absolutely right. We engage in the same level of post-judgment, absolute-divorce care with our clients to make sure that they fully understand what they are, quote-unquote, entitled to.

David Bulitt: Now, we’ve talked for over two episodes here, close to an hour in total, which we could probably do 30 hours of a class on all of [00:29:00] this.

But if you can give folks that are listening two or three takeaways from this sort of nuts and bolts of divorce in Maryland that we’ve been talking about over the last couple of episodes.

Christopher Castellano: In my experience, what I’ve really recognized and what I try to implore my clients to understand is that you’ve got to enter the right mindset with these cases, right?

You’re not going to go into these cases suited up for battle and getting ready to tear the other side apart. You’ve got to understand that in 99% of these cases, you’re still living with this person. Maybe not in the same house, but you’re going to graduations, you’re going to weddings, you’re going to baptisms, and whatever it may be — first kids for your grandkids and all that.

So, you’re always going to be connected. This idea that you’re done is illusory. You have to have the right mindset, and slicing and dicing each other is not the right mindset. That is a very expensive approach. That’s the way [00:30:00] that David, you, and I win, not the way that the client wins, right?

So, you really have to approach it in the right way. I spend a lot of my time talking to clients and saying, “Listen, it’s not in my financial best interest to tell you to look at it this way, but I want to see you succeed in your case and in your post-judgment life.”

So, I want you to approach it in this way because it’s better for you, it’s better for your kids, it’s better for your family. Approach it in this more — I use the word generous, not to say that you need to give all your money away — but generous insofar as not being so critical of everything, right?

Once you have that correct mentality, you’re approaching it in the right way. I think a lot of these little parts start to fall into place. I always tell clients that the only way you have a real settlement is if both people walk away somewhat pissed off.

Because if you walked away feeling like you got one over on the other person, that’s not a settlement. That was a win. [00:31:00] So settlement means that you’re both going to be somewhat pissed off.

David Bulitt: That’s another one. You should put that on a t-shirt. Settlement means that someone — yeah.

Yeah, I think if we could fit all that on a t-shirt, it would be a good idea. But Chris, this has been great. Folks, there’s a ton of information that’s been packed into these two episodes. We’ve really enjoyed having you, Chris, talking about all this, giving people sort of a big, broad overview.

I like to say what we’ve done here is, you know, it’s been a mile wide, but only about a foot deep. There’s a lot more to know, a lot more to learn. If you’re out there and you want to know more about it, give Chris a call, send him an email. Chris, how do people get hold of you?

Christopher Castellano: Yeah, absolutely.

You could go to our website, jgllaw.com. You can find me on our website or email me. My contact information is on our profile. But you can call me directly on (240) 399-7881. I’d be happy to talk to you about all of your issues.

David Bulitt: That’s great. Thank you, Chris. As always, we appreciate your time. [00:32:00] Folks, we appreciate you listening and hope that all of this has been helpful.

As always, this is JGL Law for You.

This article is part two of a series relating to rideshare safety. Read part one here.

Why are pedestrians vulnerable in rideshare accidents? The fact is that many Uber or Lyft drivers navigate by using their cellular phones instead of street signs. These drivers juggle GPS navigation, pings from the app, and constant passenger ratings, all while driving through crowded intersections.

Follow these steps if you are a pedestrian or bicyclist hit by an Uber/Lyft driver.

Number one – the first action is always to call 911. As many pedestrian versus car accidents involve serious injuries, pedestrians rely on having EMS respond to the scene as fast as possible. When the police arrive, they can ensure the incident is properly reported and also perform an investigation into the crash, take pictures, and interview possible witnesses.

If the police do not come quickly, make sure you obtain the names, addresses, and telephone numbers of all drivers and witnesses. Take pictures. Your phone is usually not far from your hand. Taking pictures of vehicles, the street, and other people can be your most valuable evidence. Ask for and obtain the driver’s license and insurance card for the drivers; again, take pictures.

If you need medical assistance, listen to the EMTS and EMS professionals. They have the experience and deal with these types of incidents on a daily basis. You may feel fine, but many injuries are not visible, especially concussions.

What should I do afterwards?

You may file a claim for Personal Injury Protection (PIP) if you own a car or someone in your household owns a car with PIP coverage. This is no-fault coverage, which does not affect your car insurance premiums and can help to cover your medical bills and lost wages. In Maryland, coverage can range from $2,500 to $10,000.

You have the right to sue the Uber/Lyft driver. But be aware, the amount of insurance coverage depends upon whether the driver was “on the app” and in what stage of the ride share event it is.

If the driver has the application turned off

A driver’s personal auto insurance covers the driver when the app is offline. Drivers must maintain personal automobile insurance at mandatory minimum limits and provide proof of their insurance to drive and deliver with a vehicle with Uber.

If the driver has the application on (waiting for request)

Uber provides a third-party liability insurance that covers the cost of injuries or damage in at least the following amounts:

  • $50,000 per person and $100,000 per accident for injuries
  • $25,000 in property damage per accident
  • Maryland coverage includes uninsured/underinsured motorist coverage and contingent comprehensive and collision coverage, which includes a $1000 deductible for the drivers.

If the driver is en route or has a passenger on the trip

Uber insurance covers at least $1,000,000 for property damage and injuries to riders and third parties involved in an accident where the Uber driver is at fault. Read Insurance to help protect you.

What type of damages can I get?

Economic Damages

Property damage to your bicycle or anything you were holding or carrying; unpaid medical bills and expenses related to your recovery; expenses for future medical care; lost wages for an inability to work or while you are healing; future lost wages if you suffer a disability that impacts your future earnings and job.

Non-Economic Damages

You are entitled to pain and suffering damages from your injuries, emotional distress, post-traumatic distress, and mental suffering.

If you have been hit by a rideshare vehicle while walking, you should be sure to file a claim with your No-Fault insurance provider. No-Fault benefits include Personal Injury Protection (PIP), Property Protection (PPI), and Residual Liability Insurance. This coverage can help cover medical bills and lost wages as well as provide compensation to any victims if you were at fault for the accident.

Other Ways to Protect Yourself?

Although Uber and Lyft perform background checks and vehicle inspections, they cannot anticipate every possible event. On some applications, drivers are rated and are required to maintain a minimum average rating to prevent deactivation. Drivers must also comply with company policies which prevent fraud, maintain safety standards, and prevent discrimination.

  • Share your trip details with a friend or family member. Let someone know when you are going out and provide them with your anticipated route.
  • Be sure to carry a flashlight or wear reflective clothing if you are walking or biking in the dark.
  • Obey all traffic regulations, which means walking on the sidewalk where possible, biking in the marked bike lanes, crossing at the crosswalk where possible, and adhering to pedestrian walk signals at intersections.
  • Always carry with you a cell phone, a picture identification, and, if possible, your health insurance card, in case of an emergency.

Can a pedestrian be at fault?

The short answer is, yes. Dangerous actions like jaywalking, darting onto the roads, or crossing the street outside of the crosswalk can lead to a pedestrian being found contributorily negligent. If an accident occurs in Washington DC, there are additional protections for pedestrians and cyclists, as DC follows comparative negligence, so even if your actions were dangerous, you may still be able to collect.

Call the experienced attorneys at Joseph, Greenwald, & Laake, P.A.

You can protect your legal rights. Experienced attorneys know how to get you fair compensation if you are injured in a pedestrian accident in Maryland, Virginia, or the District of Columbia.

Get the facts. Get educated.

A federal judge has upheld the Prince George’s County Council district map, rejecting a legal challenge that alleged the boundaries violated the constitutional principle of “one person, one vote.” The decision was reported in The Daily Record on February 9, 2026, and includes commentary from Timothy Maloney.

The court found that the council’s 2021 redistricting plan was developed during a period of uncertainty caused by delays in the release of 2020 Census data and that the redistricting commission acted in good faith. In upholding the map, the judge concluded that the commission appropriately relied on projected population data and prioritized continuity among districts while keeping population differences within constitutional limits.

Timothy Maloney, who represented the County Council along with JGL attorney Alyse Prawde, welcomed the ruling. “The court’s careful and thoughtful opinion clearly demonstrates that the council districts comply with both federal constitutional standards and the language of the Charter,” Tim said.

Read the article “Federal judge upholds Prince George’s County Council district lines” in The Daily Record (subscription required).

Joseph Greenwald & Laake is pleased to announce that Kaitlin Leary has been elevated to Senior Counsel.

Kaitlin is an experienced civil litigator who practices in state and federal courts at both the trial and appellate levels. Her work spans labor and employment law, financial services litigation, consumer protection, and criminal defense, with a focus on representing individuals harmed by corporate or governmental misconduct.

Kaitlin received her J.D., magna cum laude, from the University of Maryland and a dual B.S./B.A., with a University Honors Certificate, from the University of Maryland, College Park.

Timothy Maloney was quoted in an article published by The Baltimore Sun on February 5, 2026, following a Baltimore County Circuit Court decision that overturned the termination of his client, a former assistant manager at Gunpowder Falls State Park.

In a written decision issued January 30, 2026, Circuit Court Judge Thomas R. Tompsett Jr. ruled that the Maryland Department of Natural Resources failed to follow required procedures when it terminated the employee in 2022. The court concluded that the agency did not comply with its own rules and regulations and that the termination could not stand.

Tim, who represented the employee throughout the proceedings, emphasized the importance of due process for public workers. “As the court correctly found, Mr. Hughes was denied the basic procedural safeguards that most state employees are entitled to.”

The court agreed with arguments advanced by Tim that the agency failed to meet with his client before termination, did not adequately investigate the allegations, and did not provide proper notice or explanation of the evidence against him.

Read The Baltimore Sun article “Judge voids firing of Gunpowder Falls assistant manager.” (PDF)