You need to have grounds to file for divorce. Maryland recognizes fault grounds for absolute divorce (e.g., adultery, cruelty of treatment) and non-fault grounds (e.g., mutual and voluntary separation for one year, two year separation). Assuming you have provable grounds, you would then file a complaint in the circuit court in your county. I would recommend consulting with an experienced divorce attorney.
If you and your husband have been separated for at least 1 year without any cohabitation, then it is possible that you can file under one of the many grounds available in Maryland. Keep in mind that depending on what type of custody arrangement the court finds is in the best interest of your child, it may be impossible for you to leave the state with him, especially if that would impede your husband's ability to see/visit with the child.
Feel free to contact my office if you need further assistance.
The first step would be to file a Complaint in the proper state or jurisdiction. Assuming you reside in Maryland, you would have to satisfy the grounds for obtaining an absolute divorce in Maryland which are: adultery, desertion, voluntary separation, conviction for committing a felony or misdemeanor; two year separation, insanity, cruelty, and/or excessively vicious conduct.
You can find more detailed information regarding obtaining a divorce in Maryland at the following link:
I strongly suggest you contact an attorney regarding your situation.
Okie C. Whiteru
202 558 6196
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