Legal Question in Family Law in Maryland
Previously posted - My wife and I are legally separated since April 2010 (physical separation started on 02/14/2010). In this period of time we attempted to reconcile but at the end to no avail. We both were trying meet with other people. On my part I had a relationship with another woman which became intimate in nature. My wife and me had sort of friendly relationship where we told each other about our relationship with others. We had a general understanding that after the one year period of separation we would pursue for divorce. By the way we have 15 year old son and 5 year old daugther. Lately my wife wanted to reconcile our relationship. According to her she is not finding anyone she truly likes. Now she wants me to break up with woman I started loving for the sake of the kids and start our marriage anew. I told her this is not possible anymore. When I tried to reconcile you pushed me away. We tried this for the last 9 years. It was always a recurrence of hostility all the time. It is time to call it a split. She now refuses to divorce me telling me that, as long I can't find anyone you cannot marry your girlfriend. At this point is there a way I can proceed to getting a divorce?
Answer -
If you can establish that your separation in 2/10 was mutual and voluntary, you are eligible for a divorce on that basis. You would need a corroborating witness to the fact that both of you agreed to the separation. There cannot have been any resumption of marital relations since then, as that would "break the chain". Even if you can't prove that it was mutual, you would be eligible for a divorce on the fact of separation alone after 2 years, or next February. As for your extramarital relationship, while legally that would be considered adultery, since it was not what brought about the break up of your marriage, it shouldn't bear any financial consequences. Your real fight, if there is one, will probably be over division of the marital property and possibly alimony if your wife is eligible for that under the law. You must also resolve the custody/visitation/child support issue, although I sense that hasn't been a problem up to now.
Robert Sher
Wagshal and Sher
4824 Edgemoor Lane
Bethesda, MD 20814
Current question -
Yes me and my separated wife tried to reconcile and had marital relationship. But now it is understandable to both of us that this marriage cannot be fixed and we should part our way. At this point she refuses to a divorce as mentioned above. I have been staying at a friend's place as a paying guest since 02/15/2010. Do I need to have my friend testify that I was staying at his place to prove physical separation? Initially I use to time to time live in my family residence to look after my kids while wife was working. Question is will I be able to file for a divorce now or be eligible under the above circumstances on or after 02/15/2012 without wife's agreement?
Thanks
1 Answer from Attorneys
Unfortunately, since you resumed marital relations while trying to reconcile, you legally "recycled" the clock. So now you have to wait either 1 year or 2 years from the date you last stayed in the family residence. If you both acknowledged that the reconciliation attempt was unsuccessful and it was mutually agreed that you would move out again, and you have a witness who can state that your wife agreed with this, your waiting period is 1 year. Otherwise it's 2 years, and your "host" friend can be your corroborating witness.
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