Legal Question in Family Law in Maryland

Re: Can ''fornication/adultery'' be stated in Civil Decree

If the communication between your husband and the counselor is privileged, then that person would not be permitted to testify about it. The communication is privileged if that person is a licensed psychologist (licensed in MD), or if that person is a "minister of the gospel, clergyman or priest of an established church of any denomination." If your counselor/therapist fits into either definition, then your husband's admission of adultery to that person is privileged.

As to the second part of the question, if you do not base your complaint for divorce on the grounds of adultery, then you have to base it on one of the other grounds in the statute: a voluntary one year separation, an involuntary 2 year separation, cruelty, abandondment, etc. That means that you have to prove to the court that one of those factors exists. You cannot file your complaint until one of those grounds exists---in other words, if you want to file on grounds of voluntary separation, you have to wait until your husband is not living with you for at least one year.

Re: Can ''fornication/adultery'' be stated in Civil Decree

If you are getting a divorce, the grounds for the divorce may be the least likely matter to consider. A separation agreement that is well negotiated through counsel may be a better option. Depending on the respective financial positions of the estranged spouses, length of the marriage, children, and other factors, a separation agreement may be the better route. However, given your situation, pre-divorce motions, no matter what the grounds for your ultimate divorce, may be advised. Your full position should be represented and this is why you should contact an attorney for legal advice. I am available at (410) 799-9002, please feel free to leave a message.

G. Joseph Holthaus III, Esq.

[email protected]