In 2009, Husband filed a Complaint for Divorce in Montgomery County Maryland. He subsequently filed a Motion to Set Aside Marital Agreements. Husband argued that the attorney who earlier assisted Husband and Wife in obtaining Wife’s permanent resident status in the United States violated the Maryland Lawyers’ Rules of Professional Conduct by failing to obtain Husband’s informed consent to representation of Wife in connection with the two settlement agreements.

     The Circuit Court for Montgomery County Maryland agreed with Wife and upheld the Separation Agreements. Husband appealed the decision. Wife hired Hess Family Law to represent her in the Appellate Court (Court of Special Appeals and Court of Appeals). The Wife prevailed; the Court of Special Appeals affirmed the Circuit Court ruling that the Separation Agreement was valid. Husband filed a request for certiorari, and the Court of Appeals agreed to hear his case. The Court of Appeals, the highest Court in the State of Maryland, affirmed the decision and held that there were not sufficient grounds to render the agreements voidable. The Court of Appeals agreed with Wife that even if there was a violation by the Wife’s attorney, and the Court did not conclude that there was, that setting aside the Agreement was not an appropriate remedy.

     Click here to view the entire Court of Appeals opinion.  To view Ms. Hess arguing the case before the Court of Appeals, go to 
http://www.courts.state.md.us/coappeals/media/2013/coa20140110caseno50.wmv