Legal Question in Family Law in Maryland

who gets to stay in the house temporarily

I found out my husband was having an affair with a coworker 5 months ago. we've been trying to work it out, get past it, I've insisted that he have no personal contact with her, he's been more accountable, home more. However, I found out this morning that he's still carrying on & has been because I read his emails.

I told him I wanted him to leave & gave him a suitcase. He said nothing. I went back to this house this morning and he hadn't pack anything. Suitcase still where I had it. Can I legally make him leave, put him out? Can I move out of state with our daughter? We have a 5 yr old daughter and I am trying to have normalcy for her so I think he should go. (Also, the hefty mortgage is in his name, he has his license suspended for DUI right now) Please advise in every area regarding temp.. separations, extramarital affairs, etc.

Thanks, Kathleen


Asked on 4/28/08, 10:26 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: who gets to stay in the house temporarily

You could file for a divorce based upon the adultery. As part of your petition you could seek custody of your daughter, child support from him, possibly alimony, and a use and possession order for the family home. If granted, he would be ordered to leave the home and you would have exclusive use of it until the divorce and possibly for up to 3 years thereafter. In defense of the divorce, he might try to argue that you forgave him after you first found out about it, but your counterargument is that your "forgiveness" (legally termed condonation) was conditioned upon his ending it, and he didn't.

You could also leave with your daughter, but you would be well advised to try and get court ordered custody because he may seek it to prevent you from doing this. You won't be able to do that outside of MD until you've been living at least 6 months in another state.

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Answered on 4/28/08, 10:40 am


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