Legal Question in Family Law in Maryland

Re: Divorce

It's time to start filing papers to dissolve the marriage

and perhaps terminate your husband's parental rights.

Since you don't know where he is, he probably won't

show up to contest your claims and things should move

along pretty smoothly.

You've met the statutory requirements for a divorce so you can start

any time. Call if you need a consult.

Re: Divorce

Mr. Wilson is correct. You have met the statutory requirements for a contested / uncontested absolute divorce.

Since your husband is not around and you do not know where he is, it will be an easy case. However if he surfaces during

the proceedings, it may become contested on all issues other than grounds for divorce.

As for terminating his parental rights, I believe that to be a little drastic. You can still file for child support and

custody of your children. I think it is in the best interests of the children to know where their father is and it may be

inportant to them (depending on age) to find their dad. Contact his relatives, friends etc., they will likely know where he is.

As with any family law issue, it is very important that you contact and retain an attorney that you are comfortable with. They will

be able to help you understand the law, draft documents and answer questions.

Re: Divorce

Abandonment and desertion are pretty much the same thing. He left, and he apparently has abandoned both you and your children. You have clear grounds for divorce, even if he were to oppose it, if you have been apart for two years. I'm sure you would like to find him for reasons of child support (I don't think you could have any fear of his gaining custody of the children at this point), but I wouldn't recommend looking for him too hard until you have the divorce. The only real problem I can see, and it is a minor one, is that you don't know where he is to have a divorce complaint served on him. You will probably need to have service by publication in a local newspaper if he can't be located. This is not a difficult thing to do, but it costs a few dollars. If you can afford to retain a lawyer to help you, I recommend that you do so.

If you haven't already done so, close any financial accounts or credit card accounts that have both of your names on them, and do try to get an order for child support. Even if he can't be found by you or the child support enforcement people, state and federal tax collectors can find him to collect for you from tax refunds if he is working and using a social security number.