Legal Question in Family Law in Maryland

Re: New form of Abandonment?

Clearly fault based grounds of desertion or adultery may lie for a divorce.

In Maryland, a divorce is not granted by consent but the grounds must be proven

by corroborating evidence. Although you may pursue a particular ground for divorce,

there is no requirement that you complete your legal action on that basis.

It appears that your case may be one where it may be beneficial to begin pulling together grounds such as

desertion or adultery and that these bases may assist you in getting a more equitable property

settlement agreement. Often it may be beneficial to invest money up front with a legal action and

thereby position yourself better for subsequent matters.

The house, as deeded, is subject to monetary award upon divorce. This is the good news. The bad news is that

even though the mortgage is in his name and he is responsible for payments thereto, if he does not pay you bear the

brunt, namely foreclosure. Other assets and debts would need to be addressed as well.

Alimony is possible in your case. Also, a pension offset may be obtainable so that you own part of

his pension. Legal fees can be claimed so that he may have to pay for your legal fees. Much of this

depends on the action that is taken with your case.

You should contact an attorney immediately to get your matter moving. Vital evidence to support adultery may evaporate so prompt action is needed on your part.

I am available to assist you, please feel free to contact me for a free discussion. If need be, I can come to you for meetings.

I am here to serve your legal needs at a reasonable fee.

G. Joseph Holthaus III

Columbia, Maryland

(410) 799-9002

[email protected]

Re: New form of Abandonment?

Okay, first of all, good for you that the deed is joint but the mortgage is not. The deed is an asset so it is a very good thing that your name is on it. The mortgage is a debt, a liability, and you don't want your name associated with it because the mortgage lender could come after you for the payments. If you stay in the house without paying the mortgage your credit will not be hurt.

However, I would need to talk to you because if he continues to allow his paycheck to be deposited in a joint account, then you may be better off not doing anything at this moment. I'd really have to talk to you first to determine which avenue is best pursued.

As for your rights...you have the right to file for a limited divorce in MD for desertion or adultery. Now keep in mind that these are fault based grounds for divorce and are not that easy to prove but if you can prove them then the judge could give you more of the marital property (such as the equity in the house) or spousal support. From what you've told me I think a desertion ground (perhaps even adultery...but I need to hear more... are good avenues for you to pursue). The downside is that fault based divorces can SOMETIMES be expensive in legal fees, but you can ask for reimbursement of legal fees and costs of litigation.

You could, of course, always seek to settle things out of court by entering into a property settlement agreement. If he truly is adulterous then he may be more willing to be generous (in the property distribution or alimony) in a settlement agreement and that also saves you a whole heck of a lot in legal fees.

At the end of the day you really should consult an attorney. A one-on-one conversation is invaluable because the attorney can advise you based on the answers to questions the attorney must ask.

Do feel free to call me with any questions or concerns you may have. I can be reached at 301-652-0663.