Legal Question in Family Law in Maryland

Can I sue my spouse for desertion being that she will not let me back into our home. I have paid all the home bills for the entire time we have been seprated for 3yrs.


Asked on 12/05/12, 1:02 pm

1 Answer from Attorneys

Robert Sher Wagshal and Sher

You can file for divorce on the ground of constructive desertion--she forced you out. In the divorce you would ask for a division of marital property including the home if you own it. If there are minor children there would be issues regarding custody, visitation and support. If there is a signficant income differential between the two of you there might also be a claim for alimony. If you still think you can save the marriage by paying all the bills you are certainly removing any incentive for her to let you return, although in fact unless she has a court order she can't legally exclude you.

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Answered on 12/05/12, 1:38 pm


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