Legal Question in Family Law in Maryland
My wife refuses to divorce me
I would like to get a divorce from my wife but she will not agree to a separation. We have not been intimate for about 5-6 years and there is no feelings left for each other. She says that she wants to stay together for the children but I dont want that. She says that if I leave she will charge me with abandonment and drag the children into it. What can I legally do to start the process.
2 Answers from Attorneys
Re: My wife refuses to divorce me
If you are living in separate quarters even though under the same roof, the law will allow you to file for divorce under a desertion theory. Or you can simply move out, which would be a cleaner fact situation. If you continue to maintain a relationship with your children, which you have an absolute right to do, and also continue to contribute to the expenses of the marital home, your wife's threats re desertion won't carry much weight. You will have to wait 2 years to get an uncontested divorce on the ground that you've lived separately, unless you can reach an agreement with her, in which case the waiting period would be one year. You'd be wise to consult a family attorney to try and negotiate a fair settlement with her, which would have the added benefit of protecting the children.
My wife refuses to divorce me
You do not need your wife's consent to get a divorce. What you need to do is contact a family law attorney, like myself, to get the divorce proceedings started.
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