Legal Question in Family Law in Maryland
Pre-Separation Divorce Question
I am in the military stationed overseas. My wife and family live in Maryland, our home. She is going to seek a divorce within the nest few days - weeks. I am going to contest it. If she moves out of the household upon my return from overseas duty (5 August 04), am I under any financial responsibility at that time to assist her with money for living expenses (apartment, utilities, etc), and am I required to provide financial support if she takes our daughter? Of course, I would like to provide support for our daughter, but I need to know if prior to a final divorce settlement if I am required. I also do not believe, having reviewed the causes for divorce, that she has sufficient grounds and that is why I will contest. I hope my question makes sense. Thank you. I look forwrd to your response.
1 Answer from Attorneys
Re: Pre-Separation Divorce Question
Whether you are under a duty to support your wife's living expenses depends on her ability to support herself in a separate residence. However, you do have a duty to support your daughter. If the two of you can't work out an agreement for child support, she could file a court petition asking the court to order you to pay. Of course, she doesn't have a superior right to custody, and you could petition the court for custody, although your military status (ie., regular reassignments, overseas, etc) may not work in your favor on this issue. Any amount ordered by the court would be deducted from your military pay.
Your wife probably won't be eligible for a divorce for at least a year after separation. After 2 years, if you've been continuously separated, either party will be eligible for a divorce on that fact alone.
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