Legal Question in Family Law in Maryland

I am in the process of getting a divorce from my wife of close to 16 years, under constructive desertion in Maryland. I have letters from her that support my ground. I had been faithful while we were together but after we separated I started a relationship with someone else. She has not allowed me to see my son as regularly as I would like and now is asking for full legal and physical custody and contested my grounds for divorce with the ground of adultery and desertion.When we were together, I was a realestate investor with no schooling but was very successful.Today, I have lost everything and it seems I am not employable due to credit and lack of job experience. I have proof of scheduled job trainings and document denying me employment.She wants child support and alimony. She works but for very little but while we were married I paid for her education through denistry school.Does she have a case?Will I be required to pay alimony though I have no income?Will the courts give her full custody?


Asked on 7/22/09, 11:39 am

1 Answer from Attorneys

The court would probably grant joint legal custody, but since the child has stayed in the former marital home after you left, she would probably get full residential custody, and you would have visitation rights. The court must do what is in the child's best interest. If she gets full residential custody, you would have to pay child support based upon either actual or imputed income, depending on what she could establish you are capable of earning based upon experience and training.

As for alimony, if she is capable of earning enough to support herself through full time employment the court would be reluctant to award it to her. If she has a degree or certificate in dentistry, she ought to be able to find something. If she needs a refresher course due to the passage of time, she might be a candidate for temporary alimony during that period.

As for grounds for divorce, the period of separation or desertion must be continuously for 1 year in order to be eligible for a final divorce. While legally you have committed adultery, it shouldn't be a factor if the relationship didn't begin until after the separation.

You have many serious issues before you which will affect you financially for a long time, and while you may be undergoing financial difficulties right now, retaining an experienced family attorney can make a significant difference in the outcome of your case.

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Answered on 7/27/09, 12:29 pm


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