Legal Question in Family Law in Maryland

I want to divorce my husband of 2 yrs. We have no kids together and the house is mine only. Can I make him leave during our required seperation period, which is one year in the state of Maryland?


Asked on 8/18/10, 1:06 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Yes. I recommend that you hire a local Maryland family law attorney who can assist you. If your husband is a danger/threat to your safety, I recommend that you immediately call the police and have him removed. Your divorce attorney can help you file a restraining order against your husband, which will require him to stay a certain distance away from you, not call or email you, etc.

Best of luck.******The above is for informational purposes only and does not establish an attorney-client relationship.******

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Answered on 8/23/10, 1:19 pm

Notwithstanding Mr. Cook's response, I see nothing in your post suggesting that your husband is a danger or threat to your safety. In Maryland, the police are not going to remove him. (That said, if there IS domestic violence, you can file a petition for protection from domestic violence and obtain expedited relief.) If the house is in your name, you could also bring eviction proceedings against him.

Keep in mind that there are multiple grounds for divorce in Maryland. A separation of as long as two years could be required.

You should consult with a competent Maryland domestic relations attorney.

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Answered on 8/23/10, 1:34 pm


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