Legal Question in Family Law in Maryland
legal seperation and custody
i am thinking of leaving my dh. i don't know where to start. i tried kicking him out but the apt is in both of our names and that will not hold. i just don't know where to start for custudy and child support. he has not worked in almost 6 months, no unemployment or anything some money from army reserve...
1 Answer from Attorneys
Re: legal seperation and custody
In general, you must be separated before you can file for divorce, unless there are fault grounds such as adultery, cruelty of treatment, etc. There is a narrow exception that was recently upheld in the Maryland Court of Appeals whereby you could file for a limited divorce while still cohabitating. If the facts in your case are similar, this would allow you to establish temporary custody and child support.
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