Legal Question in Family Law in Maryland

How do i go about getting a legal seperation from my husband

on grounds of infidelity and mental abuse


Asked on 12/10/09, 9:50 am

2 Answers from Attorneys

Thomas Brown Law Office of Thomas K. Brown, LLC

Legal separation or "limited divorce" is usually used when grounds for "absolute divorce" (a complete divorce -- what we normally mean when referring to divorce) are not yet ripe but the parties need to get into court early to get certain matters settled first. Usually, this is child custody, support and visitation, and issues related to marital property (use and possession of the family home). If your husband has committed adultery there is no need to file for limited divorce. Adultery by itself is grounds for immediate absolute divorce. No 1 year wait or anything like that. You can file a "complaint for absolute divorce" on the grounds of adultery right now -- no legal separation period required. Of course, in the end you'll need to prove that the adultery took place, but you can work that out as the case progresses. Your court (it looks like you're in Baltimore City) likely has a self-representation project setup somewhere in the courthouse where fill-in-the-blank forms for various complaints and motions exist. They may even have people standing by to help you fill these out. Of course, you can work with an attorney as well.

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Answered on 12/15/09, 10:16 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Contact me and I will help you each step of the way.

Numerous matters may require attention, some you may not be aware.

You may need to take unconventional measures if he becomes abusive.

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Answered on 12/16/09, 3:49 pm


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