Can I divorce my husband on the grounds of desertion in Maryland?

Full question:

My husband left me one year back and moved to New York. In the last one year, my husband came to stay with me for a month so that we could give one last try to make our marriage work but we ended up fighting and parted again. Now I have decided to divorce my husband. Can I obtain a divorce on the grounds of desertion dissertation in this scenario? I live in Maryland.

  • Category: Divorce
  • Subcategory: Grounds
  • Date:
  • State: Maryland

Answer:

In Maryland, divorce on the grounds of desertion  may be obtained if there has been a continued desertion for a period of 12 months without any interruption before the filing of the application for divorce. The relevant statutory provision in this regard is stated below.

Md. FAMILY LAW Code Ann. § 7-103 reads:
 
“(a) Grounds for absolute divorce. -- The court may decree an absolute divorce on the following grounds:
***
(2) desertion, if:
      (i) the desertion has continued for 12 months without interruption before the filing of the application for divorce;”
 
In the given instance, you may not be able to divorce your husband on the ground of desertion, as there has not been continued desertion for 12 months without interruption.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

When a husband leaves his wife, it is often referred to as abandonment or desertion. In legal terms, desertion occurs when one spouse leaves the marital home without consent and with no intention of returning. This can be a ground for divorce in some states, depending on the duration and circumstances of the separation.