Legal Question in Family Law in Maryland

Re: Seeking a divorce from a verbally abusive husband

I read your question with interest. I have 3 quick general points based on the info. given. There are two ways to approach your challenges. Based on the specifics (which I don't have) you may be able to effectively, efficiently and economically put this chapter behind you. The other way is more complex, time consuming and expensive. My approach is to get the proper detailed information and try to minimize the stress, waste of time and legal expenses if at all possible. Having said that, here are the tree quick points I'd like to give you: (i) Most Importantly, if you feel threatended, call the police, stay away from your estranged spouse and seek a peace order of protection either at the District Court or before the Commissioner during non-bisiness hours; (ii) if you mainly seek to remove your name from the Mortgage, that can be done by refinancing the property; and (iii) your lawyer should first try to amicably resolve the divorce and property issues by getting a voluntary separation and property settlement agreement. Filing for a fault grounds divorce is one way to guarantee litigation, high lawyer's fees, etc. In an agreement, you can put in that refinancing is to be done immediately and an uncontested no fault 10-minute divorce can be obtianed upon one year's separation in Maryland. My educated guess is if you file for a fault-ground "immediate" divorce, that will actually take longer time and definitely more money to litigate. That might pay to put my kid through college, but it will be a dis-service to my clients if that is my approach to the problem instead of my Last Resort.

Call me if you wish to schedule a free consultation in my office in Rockville. My # is (301) 279-8773.

NOTICE: In order to get legal advice, a lawyer must obtain specific, case-specific information. Nothin herein is to be relied on as legal advice.

Re: Seeking a divorce from a verbally abusive husband

The first thing I would say is if you are threatened with physical violence, you should call the police immediately. Also, you can go to court and get an emergency restraining order and/or order of protection if your husband threatens you with physical violence.

Concerning the home refinance, you are directly liable to the home lender because you signed the loan documents agreeing to pay the loan. In a divorce proceeding, which seems inevitable in your case, the judge will determine how the equity in the home, if any, should be divided on an "equitable" basis. I.e. the fact that one spouse's name is the only one on the title does not determine ownership in a divorce proceeding. Depending on the circumstances, the judge may order your husband to contribute to the loan repayments. Or, the judge may make a different determination. You do not provide enough facts concerning you and your husband's finances to really give an opinion at this point.

The only way to get your name "off" the loan, is to pay the loan off. This can be done by a sale of the home or a refinancing.

If you are subject to physical and/or mental abuse from your husband, you may have grounds for an immediate divorce filing. But you need to consult an attorney at once.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

Re: Seeking a divorce from a verbally abusive husband

You need to protect yourself from physical harm; immediately contact the police should he threaten you again. Other remedy is available such as a restraining order.

Sale of the house can be relatively quick based on your situation. The division of any value received upon sale is something that you should speak to an attorney about.

You have several strategies for a divorce. Each has benefits and costs. Again, you should review this with an attorney.

I may be contacted at (410) 799-9002 or by return e-mail.