Divorce In Maryland. Can I Force My Spouse Out of the House?

I receive maybe 25 calls a week on this subject. The answer is maybe and it depends.

If there is an act of violence or the threat of violence, then yes you can force your spouse out of the house under the Maryland Domestic Violence Statue.

Also, obviously the answer is yes if your spouse simply agrees to leave.

However, will Maryland law order your spouse from the home, absent violence. The answer appears to be no. Assume you have a spouse and a minor child. Your spouse will not leave. What can you do to get them out of the house? Will Maryland Divorce law help you in this situation? In a typical custody battle, the court can award use and possession when the parties are separated. This use and possession order will keep your spouse out of the home. However if the spouse refuses to leave then what? It is true that parties can pursue a limited divorce in Maryland based upon constructive desertion and still live under the same roof. This is a recent and some what dramatic change of position for the courts in Maryland. See Ricketts v Ricketts. Oddly Maryland Family Law Article 5-203 states the court does not have the power to award custody to either party when the parties are not separated. This was addressed by the Ricketts court and it was determined that 5-203 must be read in conjunction with § 1-201(a) and (b). The ultimate conclusion of the court is the trial court, in short, has the jurisdiction and power to determine the custody, visitation, and support even when the parties continue to live together. You will note Ricketts did not mention the right to order use and possession. As such the court will grant you custody and support but still will not order your spouse out. This decision makes sense when you realize Maryland public policy as reflected in Maryland divorce law wants marriages to survive and families to stay together.