Legal Question in Family Law in Maryland

There is no specific law on this, but if you and your wife agreed to separate she would be hard pressed to accuse you of adultery. It would be best to try and work out the terms of a separation agreement which takes care of issues such as property disposition, joint debts, any child issues, taxes, and post separation rights. An experienced family attorney can assist you with the preparation of such an agreement. Once it's in place, either of you can file for an uncontested divorce that will be fast, inexpensive and stress-free.

I disagree with Robert, at least in part. Post-separation adultery is still adultery, and while a court may be disinclined to grant a divorce on post-separation adultery, if they granted a divorce in your case on that basis, it certainly wouldn't be the first time. Moreover, what if you wife believes--accurately or not--that the relationship started before the separation? Can you prove the negative; namely, that the relationship didn't predate the separation?

(Adultery is also a crime in Maryland. It's a misdemeanor. It's never prosecuted. The penalty is a $10 fine . . . really. But it's still a crime.)

There is no such thing as a legal separation in Maryland, although there is what is known as a "limited divorce." (Beyond the scope of your inquiry.)

I do agree with Robert hat the best thing to focus on, particularly if you and your wife agreed to separate, is the resolution by written agreement of the other issues arising out of your marriage.