Limited Divorce and moving spouse out of the home

In Maryland you may file for a limited divorce upon proof of several grounds that are available. One such ground is constructive desertion. Pursuant to a string of cases in Maryland Scheinin; Mower; and Ricketts it is possible to file for limited divorce while you still reside under the same roof with your spouse. In the event you have minor children with your spouse it is possible for the court to award custody, visitation and child support even while on the parties live under the same roof. None of the above-mentioned cases address the court's authority to issue a use and possession order. However pursuant to the relief available under a limited divorce it is possible once you are awarded custody to secure a use and possession order pursuant to the limited divorce see FL 8-207, 11-101 alimony on limited divorce) . As such it is possible to remove your spouse from the marital home provided you can establish constructive desertion as your grounds for a limited divorce and you were awarded custody of the minor children. Constructive desertion appears in cases where marital relationships have ended and the parties while living under the same roof occupy separate bedrooms. As part of the proof it is also necessary to establish that the plaintiff has made an effort at reconciliation which has been denied. It is also necessary to establish by corroborating evidence that the separation has taken place.

Jurisdiction in Child Custody Maryland Divorce

Circumstances arise when parties relocate to different states and have children. When disputes arise over custody it becomes necessary for the court to determine which state should have the jurisdiction to hear the case. The law that governs is the Maryland Uniform Child Custody Jurisdiction and Enforcement Act (“the Act”), Maryland Code (1984, 2006 Repl.Vol.), §§ 9.5–101 to 9.5–318 of the Family Law Article (“FL”) and Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”)which once distilled provides essentially that to have jurisdiction over the custody issues the state shall not lack significant connections or substantial evidence. It is not the intent of the Act to postpone those determinations and thereby extend continuing jurisdiction indefinitely, for this also would defeat the Act's purposes. Paltrow v. Paltrow, 283 Md. 291, 293, 388 A.2d 547 (1978).

If you have issues involving custody issues please feel free to call my office. I will answer your question over the phone at no cost to you 1-888-760-7339.

Financial Statements and Divorce in Maryland

Whenever you have filed a complaint in a domestic matter in the state of Maryland and you are seeking either child-support or alimony it will be necessary to file a financial statement. In the case of a claim seeking only child support then you will file a short form financial statement. I have provided a link on my website to the forms necessary to be filed in the divorce in Maryland. Please feel free to call me if you a family member or a friend is in need of a divorce lawyer in Maryland. I will answer your questions over the phone at no cost to you 1-888-760-7339.

http://www.courts.state.md.us/family/forms/dr30.pdf