Legal Question in Family Law in Maryland

Question concerns leaving home

My father-in-law came to live with us 3 yrs ago with his 2 dogs.(I have been married only 4yrs) Unfortunetly, I am asthmatic and allergic to dogs. The two dogs pee in the house and I had numerous asthma attacks.I was on prednisone most of the time. My husband wasn't willing to take the dogs to his dad's house where my 22 yr old stepdaughter lives. The dogs were killing me physically. My breathing was dangerously low, peek flow readings went from 480 to 280-270. I finally had to leave although it was very hard to do. I want to be able to live to an old age with my husband. My asthma attacks have dropped drastically. I've had two this year due to getting a cold. I need to know if I can be charged with leaving my husband. If the dogs would not be there I could live there. Any ideas I would appreciate.

Thanks


Asked on 11/25/01, 6:46 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Question concerns leaving home

No court would treat you as a deserter in a divorce proceeding under the circumstances you describe. As a matter of fact, if your husband had the ability to solve the problem by getting rid of the dogs, you could charge him with constructive desertion. In layman's terms, this means he forced you out. On the other hand, if you are separated for 2 years, your husband could go to court and get a divorce on that basis if he is so minded. He doesn't seem to care much about you if he effectively chooses the dogs over you.

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Answered on 11/27/01, 4:45 pm


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