Legal Question in Family Law in Maryland

Spouse in prison

My husband is in prison for child molestation including our own children, for next 50years. I would like to divorce him, and want to know if he is entitled to half of the assets. My house is in both names and he states he will not agree to a divorce unless I give him half of all property. If he is not entitled how can I remove his name from the deed? Thank you


Asked on 2/12/08, 2:30 pm

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Spouse in prison

You have grounds to divorce him as he has been convicted and sentenced to serve at least three years. You may file for divorce after he has served 12 months of the sentence. You do not need his agreement to file for divorce; however, marital assets and debts will require division either through agreement or an order of court. Contact me to discuss.

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Answered on 2/12/08, 5:30 pm


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