Legal Question in Family Law in Maryland

legal separation

I am asking my husband, who is an acoholic and uses drugs, to leave our home where we are raising children who are 11 & 8. He refuses to leave. I am willing to leave and stay with friends/family. Not sure if this is the best thing to do w/o legal documentaion

Asked on 5/26/09, 8:51 am

3 Answers from Attorneys

Robert Sher Wagshal and Sher
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Re: legal separation

If you leave, you can claim constructive desertion by your husband (his behavior forced you to do so), and use that as a ground for divorce and custody. As part of that proceeding you would ask the court to award you exclusive use and possession of the family home during the divorce and up to 3 years thereafter. If granted, he would be ordered to leave and you could return. He would also be required to provide child support if he has income.

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Answered on 5/26/09, 9:46 am
Constance Camus Law Office of Constance Camus
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Re: legal separation

In addition to the previous answer, protect yourself by taking photos of the home before you leave. If he does any damage to the home, you will have it documented and he is responsible.

If house is in your name, protect your credit.

It is also possible for both parties to remain in the home (platonically) and obtain a limited divorce (meaning neither can remarry).

Many nuances to this process. Feel free to contact me if you need further assistance.

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Answered on 5/26/09, 10:03 am
Adele Abrams Law Office of Adele L. Abrams PC
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Re: legal separation

I would advise staying put and filing for divorce based on constructive desertion based on his alcoholism, if appropriate, or cruelty (ditto). If there has been abuse recently and you or the children are at risk, we could assist with a protective order that would remove him from the home and where the judge could award emergency family maintenance. These are complicated legal arguments to make on your own so counsel should be used if possible. Please call us to arrange a consultation. Good luck!

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Answered on 5/31/09, 12:12 pm

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