Legal Question in Family Law in Maryland

I am having problem with my wife. Due to influence of my In-laws, she kik me out of our joint house with domestic violence case. In court my attorney advised me that go for consent because that time my wife was not working. In consent order we were agreed that I will be responsible for mortgage payment for six month and she can allow two days two hours visitation of my daughter and stay in different place.

I thought problem will resolve but now I don�t have any hope for resolution. In this august 2012 court order will be over. Can you tell me my options after court order is over?

1. Can I go back home if she is not agreed?

2. Can I file for limited divorce?

3. Can I stop making mortgage payments?

4. Do I have to pay for some amount for child support without any agreement?

5. How I can tell her to sell the house?

Please answer my equations.

Thank you,

Harry


Asked on 5/21/12, 8:08 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

If the stay away order expires in August, you're allowed to return absent the granting of an extension by the court. You could file for a limited divorce on the ground of voluntary separation since you agreed to the consent order, but there isn't much to be gained by doing so. If you stay away for a year you can file for a final divorce. If you stop the mortgage payments and have any equity in the property you will lose it if the lender forecloses, and even if you don't it will severely injure your credit score. You are obligated to pay child support if your wife has custody of your daughter and she can petition the court for an award if you can't reach an agreement. In a final divorce action the court could order the house to be sold as part of a marital property disposition.

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Answered on 5/21/12, 11:58 am


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