HelloCustomer

The first step, if you want to proceed with a divorce, would be to retain an attorney. Then, you and your attorney can thoroughly review your marital property, your marital debts, and your finances, and come up with a strategy which is most likely to maximize your financial outcome at the end of the divorce process. Although right now you are probably wanting to punish him, your ultimate goal needs to be to look out for your best interests and proceed accordingly. Planning your divorce strategy with your attorney will help put your financial needs in focus and then figure out how best to get there.

If you want to prove adultery, you do not have to catch them "in the act" of sexual intercourse using a private investigator with a telephoto lens. You will need to establish, through circumstantial evidence, that they are involved in a sexual relationship. The evidence necessary is that the adulterer and paramour were inclined to commit adultery when there was an opportunity to do so, and they were together at a time and place and under circumstances which provided them with an opportunity to engage in sexual intercourse. You can establish opportunity in that he moved out to live with her, and you can establish inclination in many ways, through testimony.

Given that he moved out, you may also have grounds for abandonment and desertion. Of course, under Maryland law, you do not have to prove grounds at all, and can proceed under a no-fault divorce.

There are reasons to pursue adultery as grounds, as the required length of separation before the divorce may be granted is shorter. However, this is counter-balanced by the increased likelihood of a trial (and much greater cost in attorneys' fees).

In Maryland, property distribution is on an "equitable" basis, which means that if the parties cannot reach an agreement, the judge will divide the property on principles of fairness. In reality, however, that often means a 50-50 split anyway. Also from a practical standpoint, some judges (certainly not all) may be influenced on some level about the equitable Distribution of Property where there are grounds proved.

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Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. Fees I receive for answering questions are paid for information, not legal advice. This forum is designed to provide only general information, to give you a basis of knowledge. You and I have not entered into an attorney/client relationship, and I am not responsible for your legal rights. The only way for us to be in an attorney/client relationship is if you have signed a written retainer agreement with my law firm, and I am only licensed to practice law in Illinois. You should consult with legal counsel in your area for specific information relevant to your situation.