Legal Question in Immigration Law in Maryland

Re: pittiful situation

That indeed sounds like a very unfortunate situation. There are several questions I think it would be important to know -- what is your current status in the US?, what is your husband's?, and where was your child born?

If, for example, you are out of status (e.g., overstaying a tourist visa), and your husband and child are both US citizens, it would complicate your potential claim for custody of your child. In this case, presumably your husband would want to remain in the US, and would likely want the US citizen child to remain. Some kind of international visitation schedule doesn't seem possible.

On the family law side of things, if you simply return home without obtaining a divorce, you are still married. I can't say what the law of your country is, but it's possible that after some time that country would be able to grant you a divorce under its laws, but certainly it would have no authority to divide the marital assets. In most cases, assets accumulated during marriage belong partially to each spouse, regardless of whose name was on the paycheck that paid for them. An important part of divorce is fairly dividing those assets.

Is your husband on board for a divorce or will he fight it? The more you can work out together (custody, visitation, asset division, spousal support), the easier, cheaper and faster this will be. Your county court or bar association may have a pro se project where local attorneys assist individuals representing themselves in family law cases. The Maryland Judiciary web site might be a good place to look for such a program -- http://www.courts.state.md.us/

Good luck and I sincerely hope your situation improves.