Legal Question in Family Law in Maryland

Infidelity

I've been married for 21 years and have always been a stay at home mom which is what my husband wanted .We have a daughter 16. He had an affair which I asked him repeatedly about and he denied that he was. It wasn't until his mistress had given birth to his child that he told me he had an affair and I ask him if he used protection and he said yes. He never told me about the child. I heard from another source 5 years later that he had a child from the affair, at that time our daughter was 8. I forgave him and told him that I did not want anything to do with the child, he agreed. Now the mother doesn't want the child and he's has the child living in our home.

I want him to move out, because it makes my daughter and I feel uncomfortable. He says the only way he'll move is if we sale our home which is the only home my daughter knows and that we have to move to a smaller place. My husband has always taken care of us and I love my husband but I do not want him living in our home with his mistresses child. I am still a stay at home mom and I don't have any finances to hire a lawyer but want to know what I can do to get him to move and still keep my home.


Asked on 3/27/07, 9:08 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Infidelity

At this point, you don't have grounds for divorce. You can't claim adultery, because after you found out about it you forgave him. If you establish yourself in separate sleeping quarters in the house with the intent of terminating the marital relationship, you might be able to claim constructive desertion, which is a ground for divorce, although you might have difficulty proving it. Then you could file for divorce and ask for sole custody of your daughter and exclusive possession of the family home. You should contact the bar association of your county and ask for a referral to a lawyer under the pro bono program (free legal services if you qualify) for assistance with this.

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Answered on 3/27/07, 9:36 am


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