Legal Question in Family Law in Maryland

Re: Brain Damage Marriage

The law of Maryland does not permit you to obtain a divorce because your husband is brain damaged. You can separate for 2 years and thereby be eligible for a divorce, but a question might arise as to your husband's competence to be sued at that time. Given his condition, the only way this would be practical is for him to be institutionalized.

Re: Brain Damage Marriage

If the result of your husband's brain damage could be characterized as "insanity," you could get a divorce if he had been confined to a mental institution, hospital or other institution for at least three years, at least two physicians who are competent in psychiatry testified that his condition is incurable and there is no hope of recovery, and you or he has been a resident of Maryland for at least two years before you file for divorce. I can't guarantee that a judge will grant the divorce, because "insanity" is not defined in the statute and insanity, or mental illness, and brain damage can be viewed is two different conditions. I suggest you discuss this with your husband's physician.

I see no way by which you could divorce him while you are still living in the same home. You could file for legal guardianship any time, however, while you are still living together. That would be a good idea because it would provide you with authority to handle financial matters for him and to make decisions on his behalf which you otherwise might not be able to do.

There are institutions which are well-run and humane and which can take good care of our husband and keep you from exhaustion, and while he is institutionalized you would of course be able to visit every day, if you wished, while establishing the ground for divorce.