Legal Question in Family Law in Maryland

Constructive Desertion

Is it considered constructive desertion when--name removed--husband tells his wife (with their 2 kids) not to come back home? (the wife and kids were on their way back from--name removed--weekend trip) Will she be penalized from the court for desertion if she doesn't go back?


Asked on 11/13/06, 10:34 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Constructive Desertion

If the court accepts your version of the events, and especially if you didn't return because you feared for your safety, or your husband physically prevented you from returning (such as by changing the locks, for example), it would more likely constitute constructive desertion on his part.

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Answered on 11/13/06, 12:11 pm

Constructive Desertion

The wife of a husband who goes on vacation and told by the husband not to come back to the home, will not be penalized if she fails to return. However, NOW, is the time for her to talk to a Divorce Lawyer, like myself, rather than wait. She is entitled to valuable rights, that could be lost if not pursued.

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Answered on 11/21/06, 5:12 pm


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