Robert L Flanagan's Answers

During separation and no custody agreement, can I stop my husband to take the child out of state?

Since you have no agreement and no court order, either one of you is entitled to possession of the child. Since he has possession and will not return the child, you have no recourse, except going to court. If you do not have a lawyer, the Clerk of the Court has forms to use in representing yourself. I suggest that you go to the office of the Clerk of the Court for the Circuit Court and file a complaint for custody.

Selected as best answer

My male friend is still legally married. his wife resides in MD and he in AL. They have not resided together since 2006.

your question does not specify where they lived together as man and wife. If it was Maryland, property issues will be covered by our state's Marital Property Law. The court can enter an order that transfers title to only limited classes of property. For example, retirement accounts, pensions and "family use personal property". However all property acquired during marriage (unless acquired by gift or inheritance or excluded by an agreement) are included as "marital property". At the...

Selected as best answer

In Maryland, is it still considered Adultery if you are separated and not living with the spouse for a period of time?

Yes it is adultery. However, the question to ask is not "Am I allowed to date?". The right question is "should I date?". There is not a simple yes or no answer to this legal question. Having sex before your divorce is technically adultery but its effect on your goals in the divorce is another matter. Many parties date after separating without any adverse consequences. The significance of dating in your situation will depend on many factors. If you have any doubts, I suggest you talk...

1 person marked this answer as helpful

I want use and possession of the marital home.

The court may award to a custodial parent, use and possession of the family home for up to three years from the date of the divorce. This is intended to give the children the continuity that they need. If you are going to be the custodial parent you can expect child support. It sounds like you may be a candidate for alimony as well. Usually alimony is used to give a spouse time to get up to speed in becoming self supporting. Alimony depends on a number of factors that the court must consider

1 person marked this answer as helpful

Do I need a witness at a divorce hearing?

Maryland law provides for an absolute divorce on eight separate grounds. One of them is a voluntary separation. You and your wife must have lived separate and apart for 12 months before filing the complaint and there must be no reasonable hope or expectation of a reconciliation. There must be a mutual agreement, express or implied, to separate with the mutual intent of ending the marriage. There must be proof that there is no hope or expectation of ending the marriage. The parties cannot have...

1 person marked this answer as helpful

Can I move our children out of sate if neither of us have legal custody?

If you think the father is going to object to your moving,I suggest that you file a complaint for custody of your children as soon as possible. Do you want to play offense or defense? I suggest offense. Get into court and explain your point of view to the court. There may be a timing issue if there is a pressing reason to move without delay. If so, you need to talk to an attorney.

Have maryland laws changed regarding living together under same roof due to economy is now acceptable. Is this ture? criteria?

The law has not changed. The Maryland legislature failed to pass a law in the 2010 session that would have effectuated a change. It will not come up again until the 2011 session. The earliest date for any change is probably October1, 2011.

I traveled to iran past september and my housband grounded me in iran now i am in iran and by the law of here i cant come to us

You need resources in Iran to advise you about how to get out and return to the United States. However, assuming you signed any papers while in Iran under duress, you could seek to have them declared void upon your return to Maryland. I would suggest you retain or forward to a confidante in the U.S any documents or tangible evidence that relate to the position your husband has put you in . Once you return to the United States, I urge you not to delay in consulting with an attorney.

How can i take my kid to live with me to a different state if my ex wont sign any docs?

Since you used the term "ex", I assume that a judgment of divorce has been entered. The judgment or sometimes the parenting plan that has been incorporated by reference determines the rights of each parent with respect to the child. If the divorce decree does not allow you to move the child to a different state you must obtain a court order modifying the judgment. The court will consider your request for modification only if you can show that there has been a change of circumstances...

Divorce

By moving out, you will not loose your interest in a home that you own with your husband. You can move out and file immediately for a limited divorce. If he does not consent to the separation you may file for an absolute divorce based upon two years living apart. However, there is not enough information to evaluate the financial consequences of your separation and divorce. If you have concerns, I suggest you talk to a lawyer who can get more details from you.