Question: If I Leave the Marital Home Can My Spouse Get a Divorce For Desertion

Answer:

One thing most people are confused about is the difference between claiming something is true, and proving something is true.

Anybody can say anything they want in legal papers, and in Maryland, as long as they state what they claim to be the facts supporting their claim, the court will accept their papers.  But that is just the beginning.

To actually get a divorce you have to prove that the facts you said were true, are true.

So what makes up a claim for desertion in Maryland?

Well, there are two parts:

A.  The ending of cohabitation; and
B.  The person who left must have actually intended to abandon the marriage.

Typically, if the spouse who leaves continues to contribute to the support of the home and family, it is harder for the person who stays in the home to succeed in a claim of abandonment or desertion.  Also, there are a number of ways to defend yourself against such a claim.

At trial, if you can prove those exceptions apply to you, your spouse may not succeed at getting much traction out of his or her claim of desertion.  Better still, you may be able to reach a comprehensive marital settlement agreement long before you go to trial and the whole thing will end up being irrelevant!

Either way, you need strong and capable legal counsel to advise you about what would be best in your situation.

Contact us today by phone, email or on the inquiry form at our website:  www.marylandfamilylawfirm.com.