Legal Question in Family Law in Maryland

miseducation of seperation/divorce

it will be three years in june that i've been married, however jan of this year i ask my husband to leave the house due to on going adultery(oppurtunity) and possible dispostion. i went to the court to pick up some forms, and in the package it stated i should talk with an attorney before filing. do i file them now and a year from that time i'm elgible for divorce or how does this work? becuase i was the original purchaser of the home before marriage, but added his name after, i know he has rights but i want him moved out completly. so that i can have sole possesion of the house as well as child support /ailomony.


Asked on 3/03/07, 11:16 am

1 Answer from Attorneys
Bill Wood Law Office of William C. Wood, LLC

Re: miseducation of seperation/divorce

If you have evidence of adultery, you can file immediately for absolute divorce. You need to be able to prove that he had opportunity and disposition to commit adultery and that you did not condone it (continuing marital relations).

Alternatively, you can wait until you have separated for one year and file on grounds of voluntary separation. Finally, you can file immediately for limited divorce (legal separation) and amend the case after one year for absolute divorce. In each scenario you can ask for custody, child support, alimony and use and possession of the family home.

I would be happy to assist you. Feel free to contact my office at your convenience.

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Answered on 3/03/07, 3:50 pm


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