Legal Question in Family Law in Maryland

Re: Can he file a divorce

If you didn't consent to his departure, he has to wait another year before filing. However, you could negotiate a separation agreement with him which memorializes his child support obligation, the child(ren)'s custody status, and decides how the marital property is to be divided. If you do this, you will be in better position when one of you decides to proceed with the divorce. If you do reach a settlement with him, either of you could file immediately for divorce.

Re: Can he file a divorce

If you have not agreed to a separation, your husband will have to wait until he has been gone two years to file for divorce, unless his grounds are adultery or domestic violence.