Legal Question in Family Law in Maryland
Heading for Possible Separation/Divorce
My spouse and I are having marital problems and may be heading for a legal seperation then divorce. I purchased the house that we currently live in 1996 without my spouse, we married in 1998. In 2006, we refinanced and both names were added to the mortgage. My concern is what happens if we divorce and I want to keep the home? Must I buy out my partner and at what percetage if they were recently added to the mortgage? Can long term unemployment be considered in the divorce, when dividing property, etc.? How can a seperation agreement be put in effect if both parties will not move out of the primary residence? If one partner has seperated their money and refuses to pay any bills with their income but will not vacate the property, what can be done? Can child support be required during a legal seperation? Lastly, the couples child (3 yrs old) has been involved by one partner removing the child from the home and not returning for more then 24 hours (overnight) without the permission of the other parent. The child and parent can't be reached by phone and one parent has not had contact and has no idea where the child is, what can be done to stop this from happening?
2 Answers from Attorneys
Re: Heading for Possible Separation/Divorce
You have numerous questions. I will address a couple.
A limited divorce can be granted. This is not an absolute divorce. A limited divorce may involve alimony and use of the home as a "family home" for up to three years.
Custody and support for minor children is a separate matter. If your child is being taken by the other parent you need to strongly consider taking legal action.
Contact me should you require legal representation.
Re: Heading for Possible Separation/Divorce
I would contact an attorney as soon as possible. In most, if not all, contested custody and divorce matters, each party should have an attorney.
As for some of your specific questions here are some answers:
1. All property, acquired during the marriage is marital. However, the home may have some martial value as you have been paying for the house with marital income. Therefore, the other spouse may be entitled to a buyout. In addition, the parent with the children may be granted use and possession of the marital home and specific personal property known as family use property for up to three years.
2. All issues regarding children require a court to make a decision regarding the best interests of the child. In addition, while the proceedings are pending, you should request a Pendente Lite hearing to determine custody, visitation and child support.
I would be happy to discuss your matter further, please contact my office for a consultation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
