What are my rights?

[Bheara]

I live in Maryland. I returned from an Easter trip and my husband announces that he wants a divorce, he has been having an affair with our female roommate. We get into an argument and she makes snide comments and "golf claps" at one point. I picked up a small paper MacDonald's Happy Meal sack that still had the paper french fry wrapper and fries in it and throw it at her, hitting the side of her head. She leaps up and calls ME a whore, and I slap her. Now both she and my husband want me out of the apartment which is under his name AND mine, nowhere is she mentioned on the lease, and wants me arrested for assault and battery. And we also have a 5 year old son who he wants to stay with him. Is this assault & battery? Can he force me out of the apartment? If I do leave, have I abandoned my son and hopes of getting
custody? Please advise soonest!

 

[HumorMe!]

WOW! Talk about a stressful holiday!

Do not leave your son in the apartment. It is that simple. Go see an attorney about filing for temporary custody, etc.

hm

 

[liza47]

I don't know if that was assault & battery..but if I was in your situation I may have kicked her butt off until she flew. Anyway, if you have a place to go then go take your son..then file for a divorce and custody of your son; but your husband can't throw you out of the apartment..but you can throw him out of the apartment by and still get some alimony while divorce is processing...I am not a lawyer but i seek an advice of a lawyer about my rights in staying in our apartment...I have no grounds to throw him out of our place but if he leaves voluntarily doesn't keep him from paying rent and utilities and child supportin your case,,your husband committed adultery under your roof..so go get a lawyer...until then you have all the right to stay where you are!!!