Legal Question in Family Law in Maryland

desertion

I have a signed, dated letter from my wife which lists things she will not do for/with me. It includes sex and affection, cooking, cleaning,driving, walking, laundry. Dated july 29, 2006. She has just moved out and is staying with her oldest daughter and husband. Can I use the letter as a starting point for a year separation If I file for divorce? If not, does the letter give me grounds for divorce. Wer have not so much as touched each other for three years.


Asked on 2/18/07, 5:59 pm

1 Answer from Attorneys
Bill Wood Law Office of William C. Wood, LLC

Re: desertion

The letter does not give you a starting point for a year separation. The date you stopped co-habitating would be the beginning of the one year period.

You may have an argument for constructive desertion if there was a request for and subsequent unjustified denial of sexual relations over a fairly short period of time, but I would think three years would be a bit too long. She could argue that you condoned the behavior.

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Answered on 2/18/07, 7:30 pm


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