Legal Question in Family Law in Maryland

If a married couple is physically seperated for over a year with a signed and notorized seperation agreement and a spouse begins dating is that grounds to change the divorce filing to adultry?


Asked on 12/22/09, 5:50 am

1 Answer from Attorneys
Thomas Brown Law Office of Thomas K. Brown, LLC

So long as the other spouse has actually committed adultery you can certainly do that. Until an absolute divorce is granted it's still adultery. You can amend your pleading and add an additional count for absolute divorce based on adultery. Since you've already met the 1-year separation requirement necessary for a no-fault divorce based on voluntary separation, doing so might not get you anything but in answer to your question -- yes, you can do this.

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Answered on 12/27/09, 6:59 am


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