Legal Question in Family Law in Maryland

I have been trying to get a divorce. In June, I filed for a Limited Divorce in MD. I tried to have my husband served and he did everything he could to avoid being served. The documents finally expired. At the time, he was not living in the home. Well, since then, he has moved back into the home. He said he was legally advised to do so. Can I serve him divorce papers while he is still living in the house? He is only in the home to make things uncomfortable. I think he wants possession of the house. We have children and I don't want to move my children from their home. I need help to get him out of the house and to serve him with divorce papers. Do you have any suggestions?


Asked on 11/09/09, 8:06 am

1 Answer from Attorneys
Bill Wood Law Office of William C. Wood, LLC

Although not stated in your question, I am assuming that your husband is either on the title or lease of the home. If not, then you can move to evict.

Assuming he has a legal right to be in the home, getting him out is problematic. Unless you have grounds for a protective order (e.g., domestic violence, harassment, etc.) he can stay. If there are fault grounds for divorce (e.g., adultery on his part), you could file immediately for an absolute divorce with separating.

There is a limited exception for filing for a limited divorce while still residing together. There is a recent Maryland appellate case that dealt with a similar situation. The parties were still together, but were not sharing a bedroom and one party had essentially refused marital relations. Under such a scenario, a limited divorce was allowed to go forward for the purposes of establishing custody of the children and child support.

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Answered on 11/14/09, 9:01 am


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