Legal Question in Family Law in Maryland
divorce
a wife has decided she doesn't want to be married any more or be a mother, but is not filing or moving out, trying to make husband file or move out first. husband has been told if he leaves or files he will be the one that looks like he initiated the divorce and abonded the family. how does husband start any process with out being the one at fault ? the children are being affected every day and the life in the house is horrible, and he feels like he is stuck and there is nothing he can do!
1 Answer from Attorneys
Re: divorce
The husband can file for a limited divorce under the theory of "constructive desertion". This ground for divorce is based upon a situation where 1 spouse has made life so intolerable for the other that the other can't remain in the marriage. If the marital home will accommodate him moving to a different part of the house so they are in fact "separated" and not cohabiting in any way, the courts can recognize this as a separation for the purposes of proceeding with the divorce. As part of the divorce, he can ask for sole custody of the children and exclusive use and possession of the family home for him and the children. If granted, the wife will be required to leave the premises.
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