Constructive desertion

[1luv87]

What is the name of your state (only U.S. law)? MD

I have filed for an absolute divorce in MD under constructive desertion, myself as the deserter. My spouse has cheated on me several times. We have 3 kids. We live in the same house, he in the basement, I upstairs. We have not had marital relations in over 2 and a half years. He refuses to leave the house. I am unable to prove his infidelity. I want to move to another state but he will not agree to co parent at a distance. We have attended a court mandated parenting class and have a merits hearing set for Aug. Will the court agree to a divorce under constructive desertion while in the same house or will I need to amend my filing?

 

[Ohiogal]

What is the name of your state (only U.S. law)? MD

I have filed for an absolute divorce in MD under constructive desertion, myself as the deserter. My spouse has cheated on me several times. We have 3 kids. We live in the same house, he in the basement, I upstairs. We have not had marital relations in over 2 and a half years. He refuses to leave the house. I am unable to prove his infidelity. I want to move to another state but he will not agree to co parent at a distance. We have attended a court mandated parenting class and have a merits hearing set for Aug. Will the court agree to a divorce under constructive desertion while in the same house or will I need to amend my filing?

You cannot file with yourself as the constructive deserter. You should most likely amend your pleading. Does he want custody?Oh and he doesn't have to leave the house. You could leave the house if you so desired.