Legal Question in Family Law in Maryland

Re: Seperation

If your wife wants you to leave, and you also want to leave, your leaving should not cause "more trouble." The result of your leaving will almost certainly be a divorce, with likely issues related to income and property. Although the only property you mention is a house in bankruptcy and a car, there are usually a few more property issues which will need to be considered. If you or she has a pension or retirement fund, that will be subject to a property division. If one of you has an income significantly larger than the other's, there could be an issue of alimony. Household furnishings and other personal property, even if you have filed bankruptcy, may be an issue. I would advise you to discuss these things with your wife and consult with a lawyer to see if you can arrive at a written agreement o separate and to divide your assets. The cost, in attorney's fees, would most likely save you subsantially higher costs in the long run, and you and your wife could then, after a one year separation, obtain an uncontested divorce at almost no cost.

Re: Seperation

A properly drafted separation agreement that accomplishes your objectives may be in order. Your choice of attorney should include an attorney who understands that not all separation agreement result in divorce. Given the facts as you describe, you should not, at the present time, attempt to maintain any forced relations that will bring you into jeopardy of a spousal abuse complaint, civil disobedience order, or assualt/battery criminal charge. If she claims that your presence is abusive and that you exhibit disorderly behavior or an affrontive/aggressive tendancy then you place yourself at risk. A better tactic is to assess whether the relationship is one that you want to pursue and enter into counseling. A separation agreement may be helpful. If not, the matter of discharge of the real estate through bankruptcy is a matter that needs to be properly attended to by an attorney. I am available to assist you, feel free to contact me at (410) 799-9002. G. Joseph Holthaus II, Esquire

Re: Seperation

In order to get a divorce in Maryland, you will need to be voluntarily separated for a year, or for two years if the separation is not voluntary--that is, if you leave and your wife claims that she didn't agree to your leaving. The best way to prove that you separated voluntarily is to have a separation agreement, so you should definitely try to get such an agreement before you leave. You could also get an immediate divorce if either of you claims adultery or spousal abuse--but that process is likely to take a year anyhow, so the separation agreement is still your best bet. In fact, you should be very careful about leaving without an agreement. If you end up in court, one of the factors that a court will consider in dividing property is who caused the end of the marriage--and if you leave, your wife could well argue that your leaving caused the end of the marriage.

I don't know what your economic situation is, but you need to be careful about your finances. You could face a claim for alimony, depending on your wife's financial situation. That, too, can be taken care of in a separation agreement.

If you think that your headed for divorce and that your wife is going to contest it in any way, you should at least consult with a lawyer. These things get nasty very easily. Keep in mind that all the complaints that she has been making about you to you, she could be making to a court--and you could face real consequences.

I'd be happy to help you draft a simple agreement. My email address is [email protected]., and my phone number is (301) 990-9280.

Ana Avendano