Legal Question in Family Law in Maryland
I live in Maryland and divorced my husband in 2011 based on the grounds of adultery. At the administrative hearing my (ex) husband brought his mother along as a "witness" who simply stated that I told her about my affair, which incidentally happened in 2006. But I went back to live with my husband until the afrorementioned divorce took place last year, 2011. Do I have grounds to amend the decree based upon what I believe to be a condonement since 5 years passed by?
This would help in my efforts for joint custody as to not have adultery as grounds for divorce
1 Answer from Attorneys
Unless there are exceptional circumstances, I doubt that amending the Orders of Divorce would have a positive effect on modifying custody. Although, based on your facts, I agree that condonation has occurred, instead of amending the prior divorce and/or custody, a modification is a more reasoned course to pursue. Your right to revision through correcting the prior orders has passed. This does not mean that the facts which give rise to condonation are irrelevant. There are a specific issues that are presented through your question and further facts would need to be discussed with an attorney. Call me at 410.750.2567 to discuss.
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