Legal Question in Family Law in Maryland

what can i do to delay or stop a divorce?

My wife says we are seperated. We have not lived as husband and wife since the first of the year. Mainly this is due my being transferred to MN. I get home as often as possible and am looking for a job in MD. I do not want a divorce, she says she does. We have not been able to do conseling due to my situation. When I come home she leaves at night and stays with a friend. When and if I am able to get a job back in MD I do not want to have to get a place on my own. We have three children and I do not want to be without them. What can I do?


Asked on 6/07/00, 12:40 am

1 Answer from Attorneys

Carolyn Press Chung & Press. P.C.

Re: what can i do to delay or stop a divorce?

You can delay a divorce, but if your wife continues to want it you cannot indefinitely prevent it. It sounds as if you and your wife are separated, against your will. There isn't anything you can really do about that. According to Maryland law she can file for divorce on the ground of a two year separation when you have been separated for two years, whether you agree to it or not.

When you do return to Maryland, you do not have to get a separate place to live, unless your Maryland home is rented and the lease is in your wife's name. Even though you are working in Minnesota, the Maryland home is still yours if you, or you and your wife together, own it. If you consider your Minnesota job temporary, you can still consider Maryland your permanent residence. If you return to your home your wife can live with you or move out, but she cannot force you to leave (if it is rented in her name, that's a different situation).

I would suggest you try to get into some counseling with your wife as soon as you can, but you can't make her go with you. I would also suggest that you maintain as much contact with your children as you can. If you do, you will not lose your children even if you lose your marriage. The closer your relation with your children is, the more they will be in your life and you in theirs after a divorce occurs.

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Answered on 7/25/00, 1:53 pm


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