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I have an adulterous wife and 2 sons. 1 will be 20 in march,

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I have an adulterous wife...
I have an adulterous wife and 2 sons. 1 will be 20 in march, the other 18 in january. I'm in Maryland. Wife has a part time job now as legal secretary and I will ask her to move out asap.
Submitted: 8 years ago.Category: Family Law
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12/1/2008
Family Lawyer: Cowgirl Lawyer, Lawyer replied 8 years ago
Cowgirl Lawyer
Category: Family Law
Satisfied Customers: 1,422
Experience: Attorney for 22 years. Family law, child custody and support, domestic violence.
Verified
HelloCustomer

Thank you for bringing your question to Just Answer. I look forward to assisting you.

There can sometimes be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If it is late in the evening, I may need to get some sleep and resume helping you the following morning.

In order to answer your question, I need more information.

Could you please state your question more clearly? What is it that you need to know about the divorce process or about divorce law?

Thank you!


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Customer reply replied 8 years ago
I have accounts in my name only. Will I have to help her financially on a month to month basis for her living expenses?? How does that work??? Can we just work out a plan ourselves that we agree on. We also have ira's, I assume that gets cut down the middle.
Family Lawyer: Cowgirl Lawyer, Lawyer replied 8 years ago
HelloCustomer

Your question is in several parts, so I will try to address your issues separately.

First, your question goes to whether you will be paying spousal support or maintenance to your wife. This is possible, depending upon a number of factors:

1- the ability of the spouse desiring alimony to become self supporting;
2- the time necessary for the spouse seeking alimony to gain sufficient education or training to enable that party to find suitable employment;
3- the standard of living while married;
4- the length of the marriage;
5- the contributions, monetary and nonmonetary, of each party to the well-being of the family;
6- the circumstances that contributed to the estrangement of the spouses (here, her adultery could play a role in determining whether she gets an award, should this matter be litigated in court - however proof of adultery is not always easy, and where such things are litigated, it can get messy);
7- the ages of the spouses;
8- the health conditions of the spouses;
9- the ability of the party from whom alimony is sought to meet that spouse’s needs while meeting the needs of the spouse seeking alimony;
10- any mutual agreement between the spouses;
11- the financial needs and financial resources of each spouse, including whether the award would cause a spouse who is a resident of a related institution and from whom alimony is sought to become eligible for medical assistance earlier than would otherwise occur.

Second, property division in Maryland is under the legal priciple of "equitable distribution." This means that principles of fairness, at least fairness in a judge's eyes, are used to divide all marital property. Fairness does not necessarily mean a 50-50 split of property. It may mean something entirely different than a 50-50 split, and one party may end up with far more property, in theory, than the other, due to a variety of reasons. Such a division, if ordered by a judge after a trial, may or may not be perceived as "fair" by the parties.

Further, even if the property were to be divided 50-50, that does not mean that property is liquidated and each gets a 50% share. Rather, it means that, of the total property, each party is awarded property which is worth 50% of the total value of the assets.

Finally, it is often preferable for parties to negotiate a settlement rather than to battle it out in a trial before the judge. The outcome is then known to the parties, whereas, with a trial the outcome may come as a surprise to the parties. Further, the expense of a trial is avoided, where parties are able to come to an agreement.

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Good luck and best wishes!

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.


Cowgirl Lawyer
Category: Family Law
Satisfied Customers: 1,422
Experience: Attorney for 22 years. Family law, child custody and support, domestic violence.
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Customer reply replied 8 years ago


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Cowgirl Lawyer
Cowgirl Lawyer
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Satisfied Customers: 1,422
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Experience: Attorney for 22 years. Family law, child custody and support, domestic violence.

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