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Every day I receive telephone calls or email inquiries from Maryland residents looking for a solution to one particular problem. They aren't happy in their marriage and they want the other person to leave. The problem is, for a myriad of reasons, the other person does not want to leave.
So, what happens next? As with most things in the legal system, the answer is, it depends.
The best way to approach this problem is by using examples:
A wife calls my office and says that she longer wants her husband living in the home because he is physically and mentally abusive.
The first question that I ask her is if the physical abuse was recent, i.e., within the last week or so. If she says yes, I immediately advise her to file a Protective Order in the District Court near where she lives. It does not matter if the house is owned by one or both of them and it does not matter if they have children.
If there was physical abuse, which can consist of an assault, a threat that placed her in fear of imminent serious bodily harm, a sexual offense, false imprisonment or certain other acts defined by statute, she must immediately file for her Protective Order. If it is between 8:30 and 4:30 Monday through Friday she can go to the Courthouse. If not, she can go to the nearest police station.
A full description of the Protective Order process is beyond the scope of this blog post, so if you have questions about filing for a Protective Order in Maryland, call or email me.
A wife calls my office and tells me that she is done with her marriage and she wants her Husband to move out. There has been no domestic violence. The house is owned by both of them as a married couple. They have two minor children. What can she do?
This is always a very difficult conversation. The answer, generally, is a big fat NOTHING. When a house is titled in the names of both Wife and Husband, regardless of who is actually
paying the mortgage or even if the mortgage is in both names, both parties have absolutely equal access to the home. The only remedy in that situation is for her to move out of the house and take the children with her (if she wants custody) or to live in separate bedrooms for a period of time and then attempt to file either a Limited or Absolute divorce. I say attempt because the law really does not allow, unless adultery or extremely cruel behavior can be proven, to obtain a final (Absolute) divorce on the grounds of separation within the same home.
As with Example #1, that discussion is beyond the scope of this blog post, so if you have questions about filing for divorce while still living in the same home, call or email me.
A wife calls me and says that she is done with her marriage and she and her Husband are living in a home titled in HER name alone. His name is not on the Deed. She wants to know if she can kick him out. There is no domestic violence. They have two minor children. She is just no longer happy and wants a divorce.
Here, as opposed to Example #3, because the house is titled in her name alone, she has a remedy. She cannot kick him out by calling the police and saying she wants him out, but she can file, in the District Court, a lawsuit called a Wrongful Detainer. A Wrongful Detainer can be filed whether or not two people are married. It is different than a landlord/tenant eviction matter because the other person has been living in the house, with consent, without a written agreement and of course without paying rent.
The Wrongful Detainer action alleges that the other person, in this example the Husband, is wrongfully detaining the property, and upon proof that the home is in fact owned by Wife and that the Husband is no longer welcome, the District Court judge can order the Sheriff to remove the Husband from the premises. Husband's defense of but we are married, and my kids live there so I have a right to be there will not be a successful argument in a Wrongful Detainer action.
These types of actions are being filed more and more in Maryland, and although some judges are reluctant to kick a mother or father out of the marital home, the law is the law and the judge is required to do so.
If you have any questions about Protective Orders, Divorce while living under the same roof, or Wrongful Detainer actions in Maryland, call or email our office anytime for a free office or phone consultation. Our telephone number is (410) 766-4044 and email is: david@rubenlaw.com.
We are available 24 hours a day and ALWAYS respond very quickly. We offer free consultations for most divorce cases. We look forward to hearing from you.
In Maryland, being arrested for a drunk driving offense can lead to separate suspensions of your Maryland driver's license. The first has to do with taking or not taking the breath test. If you are pulled over, take the test, and blow between a .08 and a .14, for a first offense you are subject to a 180 day suspension. However, with that type of suspension, if you need your license to drive to and from work, school, medical appointments, or an alcohol education program, a Judge may be able to grant you the ability to drive to those places during your suspension period. If you blow a .15 or above, you are subject to a 180 day suspension for a first offense and 270 day suspension for a subsequent offense. If you refuse the test, you are subject to a 270 day suspension. In lieu of any suspension, however, you do have the right to ask for the ignition interlock system in your car for a period of one year. That will give you the ability to drive with a so long as your vehicle has a proper "blow-and-go" installed.
The other type of suspension that can occur as a result of a DUI arrest happens after you go to court. If you are convicted of a DUI/DWI you will receive 12 or 8 points which can lead to your license being revoked or suspended. If you are fortunate enough to receive a probation before judgment, you will not get points and you will not be subject to an additional suspension. If you are convicted, you will likely lose your license for a significant period of time.
Here at Ruben Law we can help you keep your license intact from the date of your arrest until after the court case.
Our Maryland criminal attorneys routinely represent people charged with domestic assaults. Some are serious, some are not. Many times, couples get in verbal arguments, get mad at each other and call the police. However, by the time the police get there, they no longer wish to press charges, and do not understand why the police locked up the accused. If you accuse someone of assault, the police will usually charge that person even if you no longer want to press charges. However, when the case goes to court it is sometimes a different story. At that point it is in the hands of the State's Attorney. Sometimes the State's Attorney will drop the case, sometimes he or she will recommend an anger management class. In Maryland, a spouse has the one time right to not testify against another spouse, and that's call taking the marital privilege. If you have been charged with assault and are looking for a Maryland criminal lawyer to assist you, call or e-mail anytime, we are always available.
Yes. Even if you do not have grounds for an Absolute Divorce, but you are separated, you have the right to file for custody, visitation, child support, alimony and/or use and possession of a home or car. You can also ask your spouse to contribute toward the mortgage before you have grounds for divorce. If you have any questions, you should call one of our Maryland divorce lawyers for a free consultation on any and all family law issues.
A Protective Order (often called a restraining order) is a court order that a Maryland resident can obtain if they have suffered some type of assault, threat of physical harm, harassment, false imprisonment, stalking or any other act that amounts to abuse. A parent or other third party can also obtain a Protective Order on behalf of a minor child if child abuse has occurred. Maryland law has recently changed and it is now easier to obtain a Protective Order than it was previously.
A protective order is for people who are married, live together or have children in common.
A Peace Order, on the other hand, is for people who are unrelated and are not living together. Peace Orders are often sought by neighbors or ex-girlfriends/boyfriends, etc.. The same forms of abuse apply as for Protective Orders.
If you feel that you may have the right to file for a Protective or Peace Order, or, if a Protective Order or Peace Order has been filed against you, you need a lawyer. Our Maryland Protective Order Attorneys and Peace Order Attorneys have been representing people for more than 20 years. Call today for a free office or phone consultation or send us an e-mail through our contact form. We are available 24 hours a day, 7 days a week.
If you are involved in an automobile accident, you should never leave the scene; otherwise, you could face criminal charges. Your first step is to call an ambulance if someone has been injured. Make sure your vehicle is not creating a hazard to other motorists by moving it from traffic, when possible. Call the police and file an accident report. Never admit liability--this is a legal matter that will be investigated later. Be sure to collect the names, addresses, and phone numbers of any witnesses, or others involved in the accident. It is also a good idea to take photographs to document skid marks, vehicle damage, road obstructions, and injuries.
Then call us. We are Maryland accident lawyers who can help steer you in the right direction immediately. During work hours, call the office at (410) 766-4044, and after hours or weekends, call my cell at (443) 253-7713.
You are in no way obligated to speak to them. Politely decline to speak with the other driver's insurance company, give them your lawyer's name and contact information, and advise them to speak directly to your attorney from now on. It's important not to provide any information whatsoever to the at fault driver's insurance company, as they may try to lead you into saying something makes liability unclear or otherwise makes your case difficult to pursue.
Then call us. We are Maryland accident lawyers who can help steer you in the right direction immediately. During work hours, call the office at (410) 766-4044, and after hours or weekends, call my cell at (443) 253-7713.
The at-fault driver's insurance company should provide you with a rental car to drive while the repairs to your car are being made. Needless to say, this can be a big hassle if insurance company is disputing liability, or if they require time to authorize a rental. If you have rental car coverage on your own insurance company, you should contact your insurance company about getting them to provide you with a rental car, and let them directly seek reimbursement from the liable insurance provider.
Then call us. We are Maryland accident lawyers who can help steer you in the right direction immediately. During work hours, call the office at (410) 766-4044, and after hours or weekends, call my cell at (443) 253-7713.
