Legal Question in Family Law in Maryland

my husband wants to separate but he has not paid our mortgage for over a year that I did not know about. we have three kids twins 16 and an 18 year old. I want to stay in the home but he is still there. he is verbally abusive and he won't go to counseling. I work but he makes almost triple what I do. I don't know what to do because I don't want to live with him anymore because he makes the family feel stressed when he is there. he seems so unhappy and I don't know what to do. how do I get him to put in writing what he will give me a month so that I can move out if I have to with my kids? he keeps saying he doesn't have to give me anything and surely he has to know (being divorced once already) that that is not the case. Please help I live in Maryland.

Thanks,


Asked on 11/16/15, 9:28 am

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You should immediately seek a consultation with an experienced family law attorney to discuss whether you have grounds to file for divorce. One such ground might be desertion or constructive desertion. As part of your divorce complaint you would seek custody of your twins (the 18 yr old is an adult), and a use and possession order, plus child support and other financial relief. If granted use and possession, he would be required to vacate the premises pending the divorce proceedings. If any of his verbal abuse is physically threatening, you could also file for a civil protection order, which would get him out immediately pending a court hearing.

Of course, it would be better and far less expensive to be able to come to a global separation agreement regarding all of the above issues, but it doesn't sound like that is in the offing, although the threat of a divorce action might motivate him to get legal advice and possibly to commence negotiations to reach an agreement. Also, once a divorce is filed the parties are required to have a mediation conference at the courthouse.

The larger bar associations have referral services that entitle you to a consultation at a very low cost, and of course there is always google.

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Answered on 11/16/15, 10:15 am


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