Legal Question in Family Law in Maryland

seeking a divorce after 10 year separation

I have been separated from my husband for 10 + years. Children above above 18, no joint assets, house in his name only, etc.

I left him after a 20 year marriage when he embezzled money from the real estate company he owned. He claimed bankruptcy, then withdrew it, then filed again as soon as creditors could file against him, then he withdrew again. This went on for 10 years or so years.

I was an ignorant homemaker & mother and knew none of this. He had an unlisted phone # and P.O. Box, I of course never knew about.

He has had a great many attorney friends through the years. Some probably recognize who I am writing about.

I need someone to give me direction, help, advice, or to handle this divorce, whatever.

I warn you he is smart like a fox and rotates his professional attorney friends when the need arises, or they catch on to him. I need a clever lawyer who can outwit him. He has damaged my live enough, I am afraid of what his next move would be.

Thank you for your time.

Laura


Asked on 1/09/02, 1:16 pm

3 Answers from Attorneys

Joseph Trevino Law Offices of Joseph A. Trevino

Re: seeking a divorce after 10 year separation

There is just no way he can legally deny you the divorce, unless as part of the divorce you are trying to extract some financial gain or contribution. If you mean he will try to "duck" the process servers, that's for the servers to worry about. But you have the right to ask the Court to grant you your final divorce and be done with it. Does he want something from you? Is he delinquent in any child support?. Are there any joint debts? Call for more info. Joe Trevino, 1-800-924-6217

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Answered on 1/09/02, 1:35 pm
Robert Sher Wagshal and Sher

Re: seeking a divorce after 10 year separation

Dear Laura:

Under Maryland law, the duration of your separation entitles you to a divorce on a "no-fault" basis. However, the more significant part of your case has to do with a division of the real estate. You didn't indicate in your inquiry whether the former marital residence was acquired during the marriage or with marital funds. If so, the fact that it was titled in his name only does not allow him to deprive you of an ownership interest in it or in its equity. Of course, if his financial improprieties have diluted any value from the property, this becomes moot.

In the 26 years that I have been practicing family law in the DC metropolitan area, I have encountered all kinds of situations similar to what you have described. I would be happy to be of assistance to you. You can contact me at 301 986-4555 for an appointment.

Robert Sher

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Answered on 1/09/02, 1:47 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: seeking a divorce after 10 year separation

You, undoubtedly, have grounds for a divorce assuming

the truth of everything you have stated. The value of the

house may be negligible, however, this should be confirmed.

The existence of other assets should also be confirmed as he

appears to be the type to have secretly hiden them. If all you seek

is a divorce with no other issues, this is appears to be a relatively straight forward matter.

If there are other issues, these need to be discussed. If he does not want to give you

a divorce, I would be interested in knowing why this is so.

He may have been clever like a fox, but it appears that he has dug many

a fox hole to hide his baggage in and has now lost the ability to use what was once his best strategic offense--hole digging.

If the things you say are true, a skilled fox hound like myself will

shed light into each of his fox holes and show his true colors.

Call me at (410) 799-9002 to discuss.

Joe Holthaus III, Esquire

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Answered on 1/09/02, 3:39 pm


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