I had a horrible experience with Ms. Machin. I conducted my initial divorce response and…read morecounterclaims on my own, with legal aid from the Self-Help Law Center. The Frederick County Circuit Court provides free legal aid to the public, including self-represented litigants. One lawyer at the center told me I could handle everything myself, but I believed it would be beneficial to consult a family law expert later. I hired Ms. Machin to manage the mediation.
It would be too long and tedious to discuss all of the flaws I discovered with her intervention. I will only provide two examples that are self-explanatory:
---- (Point No. 1) ------
I intended to include a credit card debt accrued two years prior but well within the marriage as marital property. Marital assets include debts accrued during marriage, such as mortgages, loans, and credit cards. Ms. Machin knew about this debt and how it came about weeks before the mediation, but she still wanted to examine my credit card statements. But why?
The Maryland Code, Family Law Article 8-201 states:
"Marital property is defined as all money earned, debts accumulated, and assets acquired by either spouse during the marriage, even if only one person's name is on a bank account, deed, or title."
In other words, any debt incurred during the marriage is marital property, regardless of how it was acquired. Furthermore, it makes no difference if the account only contains the name of one of the spouses.
------ (Point #2) ------
Ms. Machin intended me to accept 50% of the house's sale revenues, which were projected to be $300,000 to $400,000. However, Maryland employs equitable distribution rather than equal 50/50 distribution. "Equitable" signifies that it is based on fairness and takes various factors into account.
The Maryland Code, Family Law Article 8-205 states:
"Courts divide assets based on fairness, considering factors like the length of marriage, each spouse's financial situation, contributions (including homemaking), financial circumstances, and the age/health of each spouse."
I thought it was unjust to use an equal 50/50 division of a house that I had totally remodeled myself and invested approximately $110,000 in repairs and upgrades to bring it up to modern standards. In addition to other tasks, I kept the house in outstanding condition for the six years we lived there. My wife contributed equally to the mortgage payments, but she never invested any money in home improvements and despised seeing me devote time and effort to them. I gave Ms. Machin a gallery of images of the house before and after remodeling three weeks ahead of time. She never mentioned that throughout the mediation. I thought 60% of the proceeds were fair. Never advised me against it until the day of the mediation.
I believe these are basic legal concepts that any lawyer involved in family law in Maryland should know.
I understand that Ms. Machin has other favorable reviews in here. I am just stating my personal experience. I prefer not to disclose the fees associated with Ms. Machin's "services," as they are subject to dispute elsewhere.
Frank Arguello, MD
Director, Atavistic Chemotherapy Trial
www.AtavisticChemotherapy.com
Fmr. Assistant Professor of Oncology,
and Pediatric Hematology and Oncology,
University of Rochester, Cancer Center.
Rochester, New York. U.S.A.
Fmr. Senior Scientist, Drug Discovery
Division of Cancer Treatment & Diagnosis,
National Cancer Institute, NIH.
Frederick, Maryland. U.S.A.
