Legal Question in Family Law in Maryland
Separation
I am seeking a legal separation from my husband who is retired. He refuses to leave, so I desire to leave our principal residence, and reside elsewhere. How can that be accomplished and not be considered abandonment?
Can I receive a court order for support prior to a divorce decree?
Asked on 12/03/04, 12:46 pm
1 Answer from Attorneys
Robert Sher
Wagshal and Sher
Re: Separation
If you can establish that the reason you left is because your husband made living with him so intolerable that he "forced you out", you would claim constructive desertion to justify leaving and to create grounds for a divorce. You can file for a limited divorce and ask for alimony pending the completion of the case. After you've been separated for a year, you can seek a final divorce.
Answered on 12/03/04, 1:58 pm
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