Legal Question in Family Law in Maryland

Family Law and Malpractice

I paid a lawyer to for a seperation agreement. I asked on 3 occacions if I could leave the house when I gave it to my wife. He told me as long as I made the support payments I was ok to leave. Now I am being charged with abandonment and he wants 3000.00 to represent me. Since I was working under advice of a lawyer and didn't feel I was abandoning my family, since I immediately started making payments, what can I do? There is no way I can pay this and have no idea what to do now. Also, my wife told the lawyer I might flee with the children which she has since admitted was an over reaction and that she would tell him that.

But there is still the abandonment which she will not change due to family pressure. Please help, I am desperate.


Asked on 2/21/00, 2:59 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Family Law and Malpractice

If you and your wife had essentially agreed to a separation and she knew you were having a lawyer prepare an agreement, she's hard-pressed to claim this was a desertion (abandonment). At most it's an involuntary separation, and you won't be penalized financially by leaving.

However, it sounds like there are still a number of contested issues in your case and that is why a lawyer will expect a reasonable retainer to cover the work involved in this type of case. If you can't afford this lawyer, there are county referral services that have reduced fee attorneys.

Read more
Answered on 2/24/00, 4:23 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland