What is the name of your state? Maryland
Very long story and I'll try to make it short. Brother has been married for 7 years. He has always been the sole financial provider and his wife refuses to work. Their marriage began falling apart about two years ago, and shortly thereafter she got pregnant. The baby was born in January 2005 and my brother left the home at the end of February 2005. There was no legal separation in place at the time he left. He did not rent an apartment, but stayed with a friend and changed a few of his personal bills (his cell phone and his credit card) to that address.
My brother has continued to support his wife and child fully, with his wife still refusing to work. He pays the mortgage, all expenses and provides her with as much money as she needs. He provides medical insurance for her and the baby and has taken the baby to the doctor on several occasions. He has continued to maintain presence in the child's life by visiting on weekend days and during the week after work.
He consulted a lawyer about a divorce and requesting primary custody a few months ago. The lawyer informed him that because there was no separation agreement in place when he left, that the courts would regard his actions as voluntary abandonment and would award sole/primary custody to the wife. The lawyer advised him that the only option he had would be to return home for a significant period of time (90 to 120 days), as if they were reconciling, and then to file for separation.
Is this true? What are his options???
Very long story and I'll try to make it short. Brother has been married for 7 years. He has always been the sole financial provider and his wife refuses to work. Their marriage began falling apart about two years ago, and shortly thereafter she got pregnant. The baby was born in January 2005 and my brother left the home at the end of February 2005. There was no legal separation in place at the time he left. He did not rent an apartment, but stayed with a friend and changed a few of his personal bills (his cell phone and his credit card) to that address.
My brother has continued to support his wife and child fully, with his wife still refusing to work. He pays the mortgage, all expenses and provides her with as much money as she needs. He provides medical insurance for her and the baby and has taken the baby to the doctor on several occasions. He has continued to maintain presence in the child's life by visiting on weekend days and during the week after work.
He consulted a lawyer about a divorce and requesting primary custody a few months ago. The lawyer informed him that because there was no separation agreement in place when he left, that the courts would regard his actions as voluntary abandonment and would award sole/primary custody to the wife. The lawyer advised him that the only option he had would be to return home for a significant period of time (90 to 120 days), as if they were reconciling, and then to file for separation.
Is this true? What are his options???
