Legal Question in Family Law in Maryland

Re: Legal Separation and Adultery

Yes.

Re: Legal Separation and Adultery

Although the answer to your question is yes, it would make no sense for him to do so. First, the divorce decree will not have the grounds of divorce stated in it. Second, He must prove adultery, which will cost him more in attorney fees. Third, if he were to get a divorce on grounds of adultery, it would not affect alimony, child support, division of marital property, or visitation. Finally, the "crime" a of adultery in the State of Maryland is $10.00. Therefore, it makes no sense for him to try and get a divorce on these grounds.

Re: Legal Separation and Adultery

Yes he may seek a divorce on the grounds of adultery despite all events being in force for a one year mutual separation. His attorney may be advising him to seek leverage and you should have an attorney to counter this. Adultery may be a factor with the separation and disposition of marital assets but will likely have little to do with child support. Adultery may be a factor with child custody, but it must be shown to have an adverse influence upon the child(ren).

Consult with an attorney.

G. Joseph Holthaus

(410) 799-9002

Re: Legal Separation and Adultery

The quick answer is yes but he has to prove it. Proving it can be expensive, however, he could ask the court to have you pay his legal fees. If he can prove it, it could affect how the marital property is distributed!