Legal Question in Family Law in Maryland

Re: Divorce

You have to be separate for at least one year to file for divorce but you can file for separation now. You can file on your own by going to the courthouse or you can retain an attorney. There are many variables to consider for who occupies the house, such as whether you have children, how long you have been married, etc. Contact me if you need assistance.

Re: Divorce

The time limit for a final divorce is 1 year if he agrees to leave, but if there is no agreement to separate, you have to be separated for 2 years. If you can demonstrate that he has made life so intolerable for you that you can't live as a married couple any longer, and have the ability to set yourself up in another part of the house, you can file under the theory of constructive desertion. If you have minor children, you can ask for exclusive possession of the home as the children's sole custodian. You can start by filing for a limited divorce and after 1 year, amend it to an absolute divorce under constructive desertion.