Legal Question in Family Law in Maryland
Can I file for divorce before one year?
My husband and I have been married for 19 years.
In October of 2002 we argued and I informed him that I no longer wnated to stay in the marriage. We owned a condo together which I have refinanced in his name only because I no longer wanted the property. He began sleeping on the sofa and later staying out for days at a time. We have not had sexual relations since September of 2002.
In July of 2003 I moved out of the condo into my own home. He informed me through casual conversation that he was sleeping with 3 women and I saw him at our local church with one of the woman he claims to have sexual realtions with. We have two children ages 18 & 16.
I want to know if his behavior constitutes adultery since we are still legally married and his sexual relations began prior to us actually living in separate homes? He is of course unwilling to agree to divorce even though it's been almost a year since we were intimate and he obvioulsly is not trying to reconcile the marriage through sleeping with other people.
As a Maryland resident we have to be separated for one year before we can actually file for divorce but if adultery is involved does that change?
Thanks
3 Answers from Attorneys
Re: Can I file for divorce before one year?
Yes, you can file before one year. Adultery does not require that you wait any period of time. Once proven, your divorce is final. You must prove two elements: (1) amorous affection and (2) opportunity to proceed on such affection. You should contact an attorney to discuss how to present the relevant evidence.
Otherwise you have two children and a divorce on voluntary separation grounds. He, however, could contest voluntary grounds and make things difficult. A separation agreement may be an option or may be of benefit and this is another question to discuss with an attorney.
In any event, it may be to your benefit to file for divorce rather than wait forever for him to file. Seek the assistance of an attorney for filing.
Depending on circumstances, you may be able to prevail with custody of your minor child. Do not delay on enforcement of child support since you will not be able to collect it retroactively.
Hope this helps.
Joe Holthaus
(410) 799-9002
Re: Can I file for divorce before one year?
Adultery is a ground for divorce which does not require waiting a year. As long as you have not resumed marital relations after learning of the adultery, you can file for divorce immediately. You will need to provide evidence to the court that your husband has committed adultery, even if he has admitted it, but the fact that you had separated before he began his relations with other woman is irrelevant. The evidence does not need to be from an eye witness to sexual acts, but you need to have evidence of "inclination and opportunity," which may be evidence that he and another woman have spent the night together under circumstances which do not suggest they have been studying astronomy. If he has been seen with one of the three women exhibiting signs of more than a casual relationship, that would be relevant evidence.
Re: Can I file for divorce before one year?
If your husband has slept with someone else during your marriage, that does constitute adultery, which is a ground for a divorce in Maryland. With the adultery ground for a divorce, you do not have to wait a year or any other period of time before filing for a divorce on that basis--rather, you can file immediately. Whether or not you will be able to prove that your husband had committed adultery is another issue entirely, and an attorney should be able to explain to you how you might be able to go about proving adultery to a court's satisfaction if you provide him or her with further details about your and your husband's situation. Good luck.
Ranji Garrett
Law Office of Ranji M. Garrett
15200 Shady Grove Road, Suite 202
Rockville, Maryland 20850
301-296-4474
Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.
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