Legal Question in Family Law in Maryland

Re: jointly held property and child support

Once you move out of the home, and thereby establish grounds for limited divorce, you can petition the court for child support. The Court does not have authority to order the sale of your home until the grounds for divorce have matured, that is, if it is a no fault divorce, and he does not want a divorce, you must be separated for two years. However, if there is a disparity in your incomes, the Court could award you temporary alimony. If you have not already done so, you should discuss this with a lawyer in person. It is not uncommon once a lawyer gets involved for the spouse to become more cooperative.

Re: jointly held property and child support

You can't force him to agree to sell the house until after you are divorced. If you and your child have moved out of the house you can file for child support, and perhaps for spousal support pending the outcome of a divorce action. You may need to file for a "limited divorce," which is actually a legal separation and not a divorce, unless you have grounds for a divorce at this time. Once you have filed (and you should not do this without an attorney) you might want to suggest a separation agreement which would settle all of the issues, including custody, child support, and property division, without the expense involved in a litigated divorce. People who threaten to make the divorce as difficult as possible often become more reasonable when they realize they are making it difficult for themselves as well as for everyone else.