Legal Question in Family Law in Maryland

Re: Legal separation

You could file for a divorce, now, on grounds of adultery if you have evidence that your husband's relationship with the other woman goes beyond "dating." He could file for what's called in Maryland a "limited divorce," which is really a legal separation, based on desertion, although if you testified that you wanted to come back to the marriage his complaint would most likely be dismissed. If you deny that the separation is, or continues to be, mutual and voluntary, with the intention of ending the marriage, he will have no grounds for divorce until you have been separated for two years. Realistically, if he continues to be involved with another woman and refuse to reconcile, he will eventually be able to get a divorce whether you want it or not. Once you conclude that there is no hope of reviving the marriage, you will need to begin thinking about the needs of yourself and your children. I hope you have already filed for child support, even if he is voluntarily paying it, because voluntary payments can stop at any time (and often do).

Re: Legal separation

You could file for divorce immediately based on adultery if you can prove that he is actually having an affair with this girlfriend.

If he files for separation he could file for desertion since you left the home. However, you mentioned that you briefly reconciled. If so, then you can prevent the divorce based on a defense of condonation (i.e. he forgave your desertion and chose to continue the relationship). If he chooses file on no-fault grounds, MD requires that you live separate and apart for one year if you both agree, or 2 years if one of you wants to fight it.

Even if you want to fight the divorce and make him wait the 2 years you should consider the custody and support issues of the children. You could file now for child support and custody. If you do nothing then he will not be responsible for child support payments before you file (clients always seem surprised that if child is 5 and father only paid child support for first year of life that they cannot file for the previous 4 years he didn't pay...you must file for a court order for child support before you can demand it legally). Custody is also a big issue. Without a court order either parent is entitled to have the children so you don't want your husband not returning the kids after visitation because without a court order there is little you can do.

Good luck and give me a call if you have any questions.