Legal Question in Family Law in Maryland

If your sister lives in MD, and if they separated by mutual agreement, after 1 year of continuous separation she can file for divorce on that basis. The more important issues are the division of property, and custody and support of the children. If she wants to stay in the house, she can ask the divorce judge to grant her sole possession of the family home for up to 3 years after the divorce becomes final. But that doesn't resolve the ownership issue. If she can afford it, she can buy the husband out; otherwise they will have to sell it and divide up any proceeds. You didn't explain what the $1000/month the husband wants is all about, but his current payment toward the mortgage could be treated as child support, although it may not be an appropriate amount depending on their respective incomes. There are also issues regarding custody and visitation for the children (I assume they are his), and for how to divide up any other property and debts.

As you can see this is a complicated area and if your sister is serious about moving forward she should consult with an experienced family lawyer who can review her specific situation and advise her how to proceed.

I agree with the first answer. Your sister needs to interview several attorneys to determine what attorney will provide her with the best representation for her budget.

I practice in the Baltimore area and the DC/MD suburbs. I am available to discuss the matter with your sister to determine if I can assist her in her divorce.

Licensed in DC and Maryland.