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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I am married, almost 25 years. I have 3 children, 21, almost

Customer Question

Hello,
I am married, almost 25 years. I have 3 children, 21, almost 18 & 14.
We own a home with a mortgage
We are in heavy credit card debt
We both work, he works full time, I work per diem hours vary, but usually 20 hrs per week, making the same amount of money as him.
He is a closet alcoholic, who also has Lymes Disease, which he will not treat.
He is spiraling out of control.
He has isolated himself from his children and me.
We have not sleep in the same bed for over 3 years.
He comes and goes as he pleases, and sleeps when he is here.
He has virtually no interaction with me or the children.
He has recently opened up at least one credit card and has proceeded to charge almost 800.00 in 30 days.
He does not know, I know about this card.
I have also found out he is in the process of trying to get another one.
I want to know what my rights are now.
I want to file for legal seperation, which I understand is not how it works in Maryland.
I have to file for Limited Divorce.
I want to make sure that this debt he is now adding to our financial hardship, will not be my responsibility.
I am also concerned because he is driving and drinking and I don't want to be liable for his arrest charges or if, God forbid, he hurts someone.
I want to protect myself and my children.
I have asked him to leave, he refuses.
I have the papers ready to file for Limited Divorce, but I need to know, if this is the right course and what my next step should be to protect myself.
thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

Hi, I am sorry that you find yourself in this situation. I must ask, has he ever been violent toward you or toward the children?

Customer: replied 1 year ago.
no, not at all.
He is not a violent person,
he was diagnosed with Lymes Disease in 2009 and was very briefly treated.
He was supposed to keep treatment, but he choose not to because the medicine wouldn't allow him to drink without getting sick.
He has steadily declined into a self centered, arrogant, non caring man.
Mind you, he does not ever confess to drinking, we have been finding liquor bottles throughout the house for years.
He denies, denies, denies.
I need my sanity back.
I need to protect my children.
He told me, do what you have to do, I am not leaving this house
Customer: replied 1 year ago.
Hello, are you still there?
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

The reason I asked is if he was, you could have pursued a potential restraining order. But if he is closed off but not violent you really cannot push him to leave. What you can do is file a motion with your filing for 'sole occupancy' and claim that such occupancy is necessary for the needs of your minor child. But if not granted, expect to share your property with him until you either move out or he does.

PS. Yes, I am here, I was drafting your reply.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
ok, well if I file for Limited Divorce, does that protect me from the credit cards he is racking up to pursue his drinking habit?
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

Once you file you can request that all future debt be treated separately. But until you divorce AND have a formal asset split the debt will still be marital, and that means that if you have joint assets, those assets would be vulnerable to his creditors if they attempt to pursue him for the debts.

Sincerely,

Dimitry, Esq.