Legal Question in Family Law in Maryland

dating while separated

My boyfriend is involved in the separation process at this time. We had been openly dating while he was married but not living at home or with his wife. He actually wants to admit in the proceedings that he committed adultery to make it simple and fast. He has obtained an attorney and the property settlement papers as well as the legal separation papers are being prepared at this time. His attorney has told us to not been seen together or talk on our cell phones now. So we have been pretending to be 'broken up' and have been forced to have covert meetings and dates well out of the area to be together. We are both 46, have been together for over two years. Why now in this process does this matter. WE neither one are denying the adultery...what legal bearing does our relationship have at this time? His attorney cannot give us a rational reason other than it 'looks better'... we miss each other and our ability to enjoy life very much. Please explain if it's necessary. Thanks!


Asked on 2/12/03, 8:09 am

1 Answer from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: dating while separated

It sounds to me like your boyfriend needs an new attorney. If his attorney's response is "just because it looks better", I wouldn't want that attorney negotiating my separation agreement let alone draft it. This type of an answer

indicates that the attorney may not be overly effective with negotiation or communication and these skills are critical for effecting a separation agreement that is to your boyfriend's better interest. Moreover, admiting adultery and documenting such is a poor tactic and may back fire. Frankly, short of admitting physical abuse, I cannot think a tactic that could be worse.

I have no idea where this attorney's head is. I would be handling this matter in an entirely different manner. I do not know the details of your boyfriend's separation or his financial affairs but he should know that this is NOT a matter to be taken

lightly as it can have a significant effect that endures for years to come.

You have the right to hire a new attorney at any time and, if doing so, you may be responsible for

certain charges for services of the prior attorney upon acquiring a new attorney.

G. Joseph Holthaus III

(410) 799-9002

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Answered on 2/12/03, 9:26 am


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