In Maryland, can I evict my husband from our home during the divorce proceedings?
Question Details: I am trying to divorce my husband and he refuses to leave our residence.
I am a MD divorce attorney. You CANNOT evice your husband during the divorce proceedings. The only thing that comes close is a use and possession order from the judge which can temporarily grant you exclusive possession of the home pending the outcome of the divorce. you must request U&P in your divorce papers and you must convince a judge or master that you are deserving of such order (there is ALOT to prove). Trye & Associates (410) 685-0940.
Technically, the answer is yes; the court can order this. However, the requirements to have such an order entered are stringent. Typically, the petitioner must show or demonstrate that the physical or mental well being of either the other spouse or the children is in jeopardy. An extremely high standard of proof is required for this. So, as a practical matter, no you cannot have your spouse evicted.
