Legal Question in Family Law in Maryland

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?


Asked on 7/05/11, 9:06 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

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.

Read more
Answered on 7/05/11, 9:16 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland