Legal Question in Family Law in Maryland

divorce

I have been married for about 4 years now and I have a male friend that I have known for about 6 years. About 6 months ago i went online to payy her bill and noticed a lot of calls to his number at varius times during the day when she should have been at work. he at the time was having marital problems, but the rreason she was talking to him was anytime we had an argument she would turn to him for sympathy. I told them both that it was inappropriate for them to talk and the calls ended.....or so I thought. I just found a pre-paid phone in her possesion that I didn't know she had, and the only # saved was his. not only that, but there were numerous text messages to and from him saying how sexy she is and xoxoxo, yada yada yada. not only that but, where I was and that I was home so she had to talk to him tomorrow. Do I have grounds for divorce?? I have the messages and while it doesn't specifically say the had sex, the tone is very flirtatious and sneaky. Thanks


Asked on 2/08/08, 2:02 pm

1 Answer from Attorneys
Adele Abrams Law Office of Adele L. Abrams PC

Re: divorce

You can file for divorce (without separating) on the basis of adultery and see if she admits it, but just the e-mails/text messages alone are probably not sufficient. Often, private investigators are retained to follow the spouse and see if she "hooks up" with the fellow while the husband is gone or if they meet someplace. The PI does not have to observe any sex acts ... it is enough for their to be opportunity (e.g., at a motel together or in your house for a period of time alone). That, coupled with the deception and text messages etc. would probably do it. She may also decide to admit adultery if she wants out of the marriage, as spouses are no longer severely penalized for this in terms of property division. So, if YOU want to end the marriage, it seems you could start the process soon, without needing to separate first. If you need more assistance, please contact us.

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Answered on 2/16/08, 5:27 pm


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