Legal Question in Family Law in Maryland

Separation

I moved out of the home last month with my 13 year old daughter. I intend to file for divorce as soon as I am able to. My husband is not contesting custody of the 13 year old, but will not agree to legal separation or divorce. What are my options and when do I need to file for it to be effective as soon as possible? There are no grounds on him to file. I just want out. We have been married 26 years and have 3 children and own home, have pensions, etc.


Asked on 1/16/03, 2:59 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Separation

You can obtain a divorce after two years of continuous separation. If the two of you reach an agreement as to the financial issues--child support, property, etc., you can file after one year of separation if he agrees that the separation became mutual and voluntary. It's important to get an agreement in place at least as to child custody and support as soon as possible. I urge you to consult with a family law attorney about this, as important legal rights are at stake.

Read more
Answered on 1/16/03, 4:16 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Separation

Without any fault ground applying, you can file for divorce after a two year involuntary separation or

after a one year voluntary separation. A separation agreement may be of benefit in your circumstance; however, if he

refuses to enter into such an agreement, your most immediate matter appears to be attending to custody of children under the age of 18.

You may need to file for custody where he will not agree to the matter of custody.

YOU SHOULD SPEAK WITH AN ATTORNEY ABOUT YOUR MATTER SO THAT YOUR LEGAL RIGHTS ARE PROTECTED.

Read more
Answered on 1/16/03, 5:12 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland