Legal Question in Family Law in Maryland

In Maryland, you can file a "no-fault" divorce, which means that you claim "irreconcilable differences." You can also file a "fault-based" divorce, where you have to give a specific reason for filing -- adultery, abuse, desertion, etc. Here are the typical "fault-based" grounds in Maryland:

(1) Adultery;

(2) Desertion, if:

(i) the desertion has continued for 12 months without interruption before the filing of the application for divorce;

(ii) the desertion is deliberate and final; and

(iii) there is no reasonable expectation of reconciliation;

(3) Voluntary separation, if:

(i) the parties voluntarily have lived separate and apart without cohabitation for 12 months without interruption before the filing of the application for divorce; and

(ii) there is no reasonable expectation of reconciliation;

(4) Conviction of a felony or misdemeanor in any state or in any court of the United States if before the filing of the application for divorce the defendant has:

(i) been sentenced to serve at least 3 years or an indeterminate sentence in a penal institution; and

(ii) served 12 months of the sentence;

(5) 2-year separation, when the parties have lived separate and apart without cohabitation for 2 years without interruption before the filing of the application for divorce;

(6) Insanity if:

(i) the insane spouse has been confined in a mental institution, hospital, or other similar institution for at least 3 years before the filing of the application for divorce;

(ii) the court determines from the testimony of at least 2 physicians who are competent in psychiatry that the insanity is incurable and there is no hope of recovery; and

(iii) 1 of the parties has been a resident of this State for at least 2 years before the filing of the application for divorce;

(7) Cruelty of treatment toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation; or

(8) Excessively vicious conduct toward the complaining party or a minor child of the complaining party, if there is no reasonable expectation of reconciliation.

As part of the divorce, you can ask the judge to keep you on your husband's medical insurance (and order your husband to keep it in effect). The judge will also split your marital property -- the home, the cars, etc. If you want to stay in the home, just ask. The judge can also award physical custody to you children if you are unable to take care of them.

THE BEST ADVICE I CAN GIVE YOU -- hire a Maryland family law attorney. If you can't afford one, your attorney can ask the judge to order your husband to pay for your attorney fees.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.*******

You can file for divorce based on adultery, and at the same time ask for alimony and child support. As for health insurance, you can remain covered until the divorce is final, and of course your child's coverage will continue after that. You need to contact your county bar association to see if you can get a pro bono (free) or reduced fee attorney who can help you.