Legal Question in Family Law in Maryland
adultery
My wife and I have had problems for about 3 yrs. For financial reasons I've been living in our basement for the past 9 months{she can't afford the house on her own,I can't support two homes}.We are not legally seperated. I've suspected there was someone else for a few months.Easter I found gifts and a card from her new boyfriend.The card read always thinking of you and signed Bill.I've since found his name,address and phone#.She won't confirm or deny a relationship, says it's none of my business.Do I have any legal right to throw her out of the house? We both own it. We have a 17 yr old child, whom I've been the primary care taker her whole life, still living at home. Do I have any specific legal rights under these circumstances?
2 Answers from Attorneys
Re: adultery
It is not advisable to kick your wife out of the house, even if she is engaged in adultery, because a minor child is involved. You should petition the court for divorce, custody of your child, and when that is granted, kick her out. You should not attempt this without the aid of a lawyer, like myself.
Re: adultery
You don't have definitive proof of adulterous conduct by you wife at this point, but enough to bring a divorce action for adultery. Alternatively, you could base your divorce on separation, given your living situation. Once your living arrangement has gone on uninterrupted for a year, you are eligible for a final divorce. You can ask for custody of your daughter and ask for exclusive possession of the family home pending the divorce hearing. If you are successful, your wife will have to move out.
These are complicated cases and you would be well advised to retain an attorney to represent you. There are property, support and other issues I haven't even mentioned.
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