Legal Question in Family Law in Maryland
Probation before divorce is final
Can someone be placed on probation for 90 days and if that person doesn't comply with the soon to be ex spouses demands, that he must be on ''good behavior'', do whatever she says, etc.... and if he doesn't he could be placed in jail? If this is true then what can he do, can he have his say or get things overturned/ change the ruling. What does he do if she says he can have the kids longer than the schedule time, and he does, then brings them back and then she calls the police and gets him in trouble, it's like she ''tricked'' him.....how does he handle that? The divorce should've been final but she's decide to make his life miserable for another year.....Thank you for your time & advice, it is appreciated!!
2 Answers from Attorneys
Re: Probation before divorce is final
Your question is extremely vague and therefore I'm not sure I can give you any useful information. However, there is no such thing as "probation" in a divorce proceeding. If a party violates a court order, he or she can be held in contempt of court and certain sanctions can be imposed. While it is legally possible for a judge to jail a party for contempt, such as for failing to pay child support, it is rare.
Your friend should hire an experienced family law attorney to try and reach a comprehensive separation agreement which details his rights and responsibilities with regard to child custody and visitation. He should also document his communications with the ex in case she charges him with misconduct.
Re: Probation before divorce is final
I am confused by your question, because it presents conditions which are unheard of. No court can placae a husband on probation with orders that for 90 days he do whatever his wife demands. Probation is a condition related to criminal charges. If a person is found guilty of a criminal offense, the judge may placae the person on probation instead of sending him to jail, with a condition that if he violates any laws, particularly the one he has abaeen found guilty of violating, the probabion is terminated and he serves his sentence. this has nothing to do with divorce, although it may seem to if the criminal offense has something to do with domestic violence or some other criminal action in which the spouse is the victim. It is true that a person on probation could be accused, falsely or not, of a probation violation. My advicae would be to be extremely careful not to violate any laws and to stay away from the wife for the 90 days. It would also be a good idea to consult with a good family law lawyer who could clarify this rather confusing question and respond in more detail.
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