Legal Question in Civil Litigation in Maryland

Wrongfully Accused

Over a year ago, I extended an extra room in my home to a friend and co-worker after he was asked to leave his residence by his wife. According to my friend, he and his wife had been having problems for several years and when their youngest reached the age of 18, he and his wife were to separate and divorce. Knowing this, his wife decided to kick him out of their home of two years and keep possession of the property for as long as she could. My friend agreed to pay the mortgage until the youngest graduated from high school in June 1999. When he recently asked for a divorce, his wife filed for one naming me as the reason on grounds of adultery. This is completely untrue. What legal options do I have? Can someone arbitrarily name an innocent person in a divorce request? To my knowledge my friend is a hard working, church going person and has not displayed any behavior suggesting that he is having an affair with anyone, least of all with me.


Asked on 10/30/00, 11:17 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Wrongfully Accused

It is inappropriate in a divorce action for one party to accuse the other (and the alleged paramour) of adultery without some factual basis. Your friend will obviously deny the allegation, as will you if called upon. You should write to the woman's attorney and inform him/her that the allegations are completely unfounded and you want them withdrawn because they might have the effect of injuring your reputation, in which case you may consider legal action for defamation. Maybe that will get their attention.

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Answered on 11/20/00, 2:13 pm


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